NZQA Expiring unit standard 26921 version 2 Page 1 of 5 Title Assess, control, and manage scenes for compliance investigations Level 5 Credits 10 Purpose This unit standard is intended for people who work in compliance roles in public sector organisations. People credited with this unit standard are able, for compliance investigations, to: initially control and assess the scenes; control the scenes in terms of evidence preservation; and manage the scene investigations. Classification Public Sector Compliance > Public Sector Compliance Investigations Available grade Achieved Explanatory notes 1 Legislation applicable to this unit standard may include but is not limited to: Criminal Disclosure Act 2008; Evidence Act 2006; Privacy Act 1993; Health and Safety in Employment Act 1992; New Zealand Bill of Rights Act 1990; Local Government Official Information and Meetings Act 1987; Official Information Act 1982; Crimes Act 1961; and specific legislation and their derivatives mandating the powers and duties of a specific agency with respect to its compliance role and/or any other legislation applicable to a particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act 1991). Legislation includes any applicable subordinate legislation such as regulations, bylaws, and licence conditions. Any legislation superseding any of the above will apply for the purpose of assessment. 2 Demonstration of knowledge and skills must be consistent with any applicable code or codes of conduct such as the New Zealand State Services Code of Conduct, Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or any other organisation-specific code or codes of conduct. 3 Range Evidence of at least two scenes is required. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 4 26921 version 2 Page 2 of 5 Definitions Compliance (role of) refers to the role, in a public sector organisation, of assessing compliance subjects’ levels of adherence with regulatory requirements and carrying out any appropriate intervention. Compliance investigation refers to the process of gathering and assessing information to determine facts and, thereby, to determine degree of compliance or otherwise. Compliance subject refers to a natural person or an entity that is subject, in a particular compliance context, to being regulated. Exhibit refers to material evidence secured in the course of an investigation. Evidence refers to information given personally, or drawn from a document or exhibit, which tends to prove or disprove a fact. Forensic refers to the use of scientific methods in investigations. Offence is a violation or breach of a law or rule. For the purpose of this unit standard, offences may incorporate any non-compliance with statute, Regulations, Bylaws, licence conditions, and other derivatives. Organisation refers to a public sector organisation, as listed in the Public Sector Directory at http://psd.govt.nz/list/index.php. Organisational requirements refer to instructions to staff on policies, procedures, and methodologies which are documented and are available in the workplace. Other organisations refer to other compliance organisations with which one’s own organisation interacts for compliance purposes and may also refer to any organisation or service, other than a compliance organisation, which supports own organisation’s compliance activity. Examples are a university service for expert advice or witnesses, a forensic computer analyst, a transcribing service, a law firm, a business consultancy, a process server. Scene refers to the physical place where an apparent offence is being or has been committed and/or where any physical evidence leading to possible establishment of an offence is located. Suspect refers to a person suspected of breaching a rule or involved in breaching a rule. Other terms used for suspect may include but are not limited to – duty holder, potentially liable party (civil or criminal), person of interest, party who is the focus of investigation or compliance action, responsible person, respondent, alleged offender. A person may be a legal entity such as a limited liability company. Sanction (verb) means to impose or pursue a sanction or sanctions. Outcomes and evidence requirements Outcome 1 Initially control and assess scenes for compliance investigations. Evidence requirements 1.1 Initial control in order to assess the scenes is established using available resources in accordance with organisational requirements and needs of the situations. Range The Skills Organisation SSB Code 100401 may include but is not limited – victim support, first aid, traffic management, identification and containment of potential evidence, people control. New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26921 version 2 Page 3 of 5 1.2 Assessment identifies boundaries of the scenes in terms of defining and controlling the area of interest for the investigation and determining authority to act. 1.3 Assessment identifies any additional resources that may be needed to attend to any people and/or environmental safety needs. Range 1.4 may include but is not limited – the Police, emergency management, or other critical scene assistance; victim support; medical assistance; spill control; traffic management. Assessment identifies any additional resources that may be needed to ensure the scenes are secured and preserved in order to preserve and collect evidence. Range may include but is not limited – personnel, equipment, consumables, forensic or other expertise, other organisations. Outcome 2 Control the scenes in terms of evidence preservation for compliance investigations. Evidence requirements 2.1 Any required additional resources identified in the scene assessments are accessed, received, and managed in accordance with organisational requirements and needs of the situations. Range resources may include but are not limited to – emergency management, people support, technical equipment, forensic or other expertise, other organisations. 2.2 All activities at the scenes are recorded in accordance with organisational requirements. 2.3 The scenes are preserved to prevent contamination of potential evidence in accordance with organisational requirements. Range scene preservation includes at boundaries and may include but is not limited to – movement of people. 2.4 Any suspects and/or witnesses present are controlled in accordance with organisational requirements and needs of the situation. 2.5 People are monitored and/or environmental safety needs are monitored and maintained throughout in accordance with organisational requirements. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26921 version 2 Page 4 of 5 Outcome 3 Manage scene investigations for compliance investigations. Range management may include carrying out tasks oneself and/or directing others. Evidence requirements 3.1 Management ensures that deployment of any required additional resources is in accordance with organisational requirements and the needs of the investigation. Range 3.2 additional resources identified in evidence requirement 2.1. Management ensures persons relevant to the scenes are interviewed to determine possible avenues of enquiry and potential offences and defences, in accordance with organisational requirements. Range may include but is not limited to – suspects, complainants, witnesses. 3.3 Management ensures the interviews are recorded in accordance with organisational requirements. 3.4 Management ensures documents and/or other exhibits are identified and recorded prior to examination in accordance with organisational requirements and to ensure their continuity in the chain of evidence. 3.5 Management ensures documents and/or other exhibits are processed and secured in accordance with organisational requirements and to ensure their continuity in the chain of evidence and their integrity. 3.6 Scene investigations are concluded in accordance with organisational requirements. Range 3.7 includes information management and may include but is not limited to – any ongoing scene security needs; identifying needs for remedial action, sanctioning, or further investigation. People and/or environmental safety needs are monitored throughout the scene investigations in accordance with organisational requirements. Replacement information This unit standard was replaced by unit standard 29208. This unit standard is expiring. Assessment against the standard must take place by the last date for assessment set out below. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26921 version 2 Page 5 of 5 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 15 April 2011 31 December 2020 Review 2 18 February 2016 31 December 2020 Consent and Moderation Requirements (CMR) reference 0121 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMRs). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact Learning State Limited qualifications@learningstate.govt.nz if you wish to suggest changes to the content of this unit standard. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016