Unit of competency Outline

Date retreived
22/07/2026 9:32 PM AWST

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Undertake legislative decision making

Undertake legislative decision making

Unit of competency
National Code
PSPREV402A
State Code
WJ082
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
07/07/2014
Field of Education
090903 - Constitutional Law
Original Release Date
07/07/2014
Nominal Hours
15
Description
This unit covers the application of a legislative decision making process to make and justify legislatively-based decisions.In practice, undertaking legislative decision making overlaps with other generalist or specialist work activities, such as acting ethically; applying statute law; dealing with legal entities, relationships and property; assessing applications for grants, subsidies or rebates; and delivering client service. Co-assessment with units of competency addressing these other activities could be considered.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Identify requirements for legislative decision making
  • 1.1 Purpose and key elements of legislative decision making process are identified and clarified to ensure its consistent application in accordance with organisational and legislative requirements.
  • 1.2 Record-keeping procedures relating to legislative decision making are identified in accordance with organisational procedures and legislative requirements.
2. Complete required research
  • 2.1 Situation or event requiring a decision is identified and clearly outlined in accordance with organisational and legislative requirements.
  • 2.2 Applicable statute law is determined and sections of the Acts that link to the decision are identified and recorded.
  • 2.3 Relevant case law and other extraneous material are identified.
  • 2.4 Evidence to support situation or event is recorded and analysed with respect to applicable law.
  • 2.5 Conclusions are drawn as to whether required facts have been established by available evidence and are recorded.
  • 2.6 Statute law is applied using precedents, rulings, Commissioner's practices, internal advice, other legislation and advice from senior and specialist staff when required.
3. Carry out the decision making phase
  • 3.1 Delegation to make the decision is confirmed or decision is referred according to organisational delegation protocols.
  • 3.2 Based on research outcomes and established facts, decision is made and supported by explanation and justification.
  • 3.3 Decision is documented in accordance with organisational and legislative requirements.
  • 3.4 Actions as a result of the decision are carried out and recorded in accordance with organisational and legislative requirements.
The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance criteria is explained here.
Extraneous material may include:
published practices
circulars
revenue circulars
public rulings
case transcripts
regulations
judicial decisions
precedent databases
technical and procedural instructions
operating policies and procedures
internal procedures
forms and brochures
fact sheets
organisational alerts
training materials
readings in Parliament
subordinate legislation
disallowable and notifiable instruments
legislation register
other relevant legislation
Evidence may include:
documents received from the customer to support the situation or event, for example:
stamp duties:
offer and acceptance documents
property purchase applications or offers
contracts
mortgage documents
deeds
trust deeds
notices of acquisition
certificates of title
court orders
statutory declarations
financial statements
minutes of directors' meetings
written communication, e.g. forms, letters or emails
payroll tax:
financial statements
written communication, e.g. forms, letters or emails
trust documents
partnership agreements
employment contracts
details of share ownership
group structure documents
constitutions
minutes of director's meetings
land tax:
written communication, e.g. forms, letters or emails
tax enquiries
evidence of usage
certificates of title
constitutions
notices of acquisition
valuation details
evidence of ownership (e.g. trust deeds)
publications gazetted
First Home Owner Grant:
offer and acceptance documents
property purchase applications or offers
contracts
certificates of title
financial statements
written correspondence, e.g. letters, forms or emails
applicant identification documents
evidence of residence
fines:
statement of financial circumstances
medical reports
statutory declarations
written correspondence
resident or nationality status
proof of employment
tickets or receipts
Rulings may include:
revenue rulings
tax rulings
public rulings
circulars
Commissioner's determinations
Commissioner's practices may include:
practices designated by Commissioner of Revenue or Australian Taxation Commissioner
Commissioner's Guidelines and Circulars
practice directions
public guidelines
public practices
Treasurer's directions
business rules
circulars
operating policies
technical and procedural instructions
Actions may include:
notification to the customer of the decision, including reasons for the decision and any rights of review
issue or withdrawal of assessments
documents embossed or stamped
referral to another area for further information or advice
request for more information
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.
Units to be assessed together
Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:
PSPETHC401A Uphold and support the values and principles of public service
PSPREV401A Identify and apply statute law
PSPREV403A Manage information on legal entities, relationships and property
PSPREV405A Assess applications for grants, subsidies and rebates
PSPGOV402B Deliver and monitor service to clients
Overview of evidence requirements
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
knowledge requirements of this unit
skill requirements of this unit
application of employability skills as they relate to this unit
Resources required to carry out assessment
Resources essential for assessment include:
legislative decision making process
government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to legislative decision making
organisational procedures and protocols relating to legislative decision making
scenarios and case studies to capture the range of situations likely to be encountered when undertaking legislative decision making
access to relevant systems

Where and how to assess evidence
Valid assessment of this unit requires:
a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when undertaking legislative decision making, including coping with difficulties, irregularities and breakdowns in routine
undertaking legislative decision making in a range of three or more contexts or occasions, over time.
Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.
Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:
workplace projects
simulation or role plays
case studies and scenarios
portfolios
The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.
For consistency of assessment
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.
Replaced By
State Code National Code Title Type
AWT66 PSPREV002 Undertake legislative decision making Unit of competency
State Code National Code Title Type
J297 PSP42112 Certificate IV in Government (Revenue Administration) Qualification