NZQA Expiring unit standard 26925 version 2 Page 1 of 6 Title Plan and manage significant compliance investigations Level 6 Credits 25 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 significant compliance investigations, to: develop plans; prepare and manage resources; monitor and manage processes; manage information; and review and finalise. Classification Public Sector Compliance > Public Sector Compliance Investigations Available grade Achieved Explanatory notes 1 This unit standard does not address the knowledge and skills required to carry out significant compliance investigations that have been planned. These are covered by unit standard 26926, Conduct significant compliance investigations. 2 Legislation applicable to this unit standard may include but is not limited to: Criminal Disclosure Act 2008; Evidence Act 2006; Victims’ Rights Act 2002; Privacy Act 1993; New Zealand Bill of Rights Act 1990; Local Government Official Information and Meetings Act 1987; Official Information Act 1982; Crimes Act 1961; Summary Proceedings Act 1957; and specific legislation mandating the powers and duties of persons carrying out a compliance role in an organisation 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. 3 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. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26925 version 2 Page 2 of 6 4 A significant compliance investigation, for the purpose of this unit standard, is a compliance investigation with characteristics that may include but are not limited to – high probability of leading to prosecution or formal enforcement action; risk assessment and/or reassessment; a reasonably high level of risk in terms of, for example, liability or public exposure; peer review; use of outside experts; the potential for escalation; revisiting of the case or situation; a longer timeframe than for a routine investigation; a high level of critical thinking, analysis, planning, and knowledge; use of specialised tools; the use of statutory powers. 5 Range Evidence of at least two significant compliance investigations, planned and managed in their entirety, is required. 6 Definitions Case refers to a problem or situation involving non-compliance, alleged noncompliance, or possible non-compliance requiring a regulatory response. 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 environment refers to the physical, social, economic, political, and geographical environment that a public sector organisation’s compliance role is carried out in. 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. Forensic refers to the use of scientific methods in investigations. Intelligence is information to which an interpretation has been applied following analysis of that information. 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. Security and evidential requirements are the requirements adopted by a compliance organisation to keep information and exhibits secure against unauthorised access or loss, and to ensure admissibility and reliability in a judicial proceeding. Evidential requirements are a subset of these and relate to admissibility of evidence. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26925 version 2 Page 3 of 6 Outcomes and evidence requirements Outcome 1 Develop plans for significant compliance investigations. Evidence requirements 1.1 The purpose and objectives of the investigations are specified and linked to the organisation’s mandate, purpose, direction, and priorities. 1.2 The process for case management is outlined in accordance with organisational requirements. Range 1.3 Tasks are specified, prioritised, and sequenced to serve the purpose and objectives of the investigations. Range 1.4 includes but is not limited to – understanding of facts; identifying offences relevant to facts; categorising offences; deciding offences to pursue; relating law to facts; considering any defences, justifications, or excuses; reaching a conclusion; independent review. Resources are identified in accordance with organisational requirements and are consistent with the purpose, objectives, and priorities of the investigations. Range 1.6 tasks include monitoring the plans and may include but are not limited to – security, communications, intelligence, investigation methods, interviews, evidence collection and preservation. Plans take into account steps for determining liability for the offences. Range 1.5 may include but is not limited to – risk analysis, planning, reporting, identifying officer-in-charge, intelligence, recordkeeping, resolution, review. resources may include but are not limited to – human, physical, financial, other public sector organisations, forensic or other expertise. Risks are analysed and are managed in the plans in accordance with organisational requirements. Range may include but is not limited to – health and safety, financial, political. Outcome 2 Prepare and manage resources for the significant compliance investigations. Evidence requirements The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 2.1 Resources are accessed and prepared in accordance with organisational requirements and the purpose, objectives, and priorities of the investigations. Range 2.2 26925 version 2 Page 4 of 6 resources may include but are not limited to – human, physical, financial, outside expertise; preparation may include – briefing personnel. Resources are managed effectively and efficiently and in accordance with organisational requirements and the purpose, objectives, and priorities of the investigations. Range considerations for managing resources include but are not limited to – contingencies, budget, task allocation, use of specialist resources, resource allocation. Outcome 3 Monitor and manage process for the significant compliance investigations. Evidence requirements 3.1 Progress against the investigation plans is reviewed throughout the investigations in accordance with the purpose, objectives, and priorities of the investigations and the monitoring specified in the investigation plans. Range 3.2 investigation plans – original and/or as adjusted. Any adjustments to the plans are justified in terms of meeting the investigations’ purpose and objectives more effectively and/or efficiently than the original plans. Range triggers for adjustment may include but are not limited to – new information, changes in risk status, unforeseen circumstances, changes of approach, problem resolution, innovation. Outcome 4 Manage information relating to the significant compliance investigations. Evidence requirements 4.1 Management of information ensures it is documented in accordance with organisational requirements. Range The Skills Organisation SSB Code 100401 results relate but are not limited to – accuracy, completeness, timeliness, chronological order, security and evidential requirements; procedures for documenting may include but are not limited to – notebooks, job sheets, investigations’ files, collation systems, electronic databases. New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 4.2 26925 version 2 Page 5 of 6 Information is analysed in terms of its value to other parties in the compliance environment, and is disseminated in accordance with organisational requirements. Outcome 5 Review and finalise the significant compliance investigations. Evidence requirements 5.1 Investigation outcomes and practices are compared with intended outcomes, and are analysed in terms of what did and did not work. 5.2 Opportunities for improved future practice are identified and recorded in accordance with organisational requirements. 5.3 Post-investigation procedures are completed in accordance with organisational requirements. Range excludes court process. Replacement information This unit standard and unit standard 26926 were replaced by unit standard 29207. This unit standard is expiring. Assessment against the standard must take place by the last date for assessment set out below. 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. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA Expiring unit standard 26925 version 2 Page 6 of 6 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 the 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