NZQA unit standard 26900 version 2

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NZQA Expiring unit standard
26900 version 2
Page 1 of 4
Title
Demonstrate basic knowledge of legal concepts in a public sector
regulatory environment
Level
3
Credits
5
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 to: describe how
legislation is created and its application in a public sector
regulatory environment; describe common law and explain its
application in a public sector regulatory environment; and
describe natural justice and explain its application in a public
sector regulatory environment.
Classification
Public Sector Compliance > Public Sector Compliance
Operations
Available grade
Achieved
Explanatory notes
1
Legislation relevant to this standard may include but is not limited to:
Interpretation Act 1999;
New Zealand Bill of Rights Act 1990;
Constitution Act 1986; and
specific legislation mandating the powers and duties of persons carrying out a
compliance role in a specific organisation and/or any other legislation applicable to a
particular compliance situation (e.g. Fisheries Act 1996, Resource Management Act
1991).
This unit standard is
expiring
Legislation includes any applicable
subordinate legislation such as regulations,
bylaws, and licence conditions. Any legislation or guideline 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
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 subject refers to a natural person or an entity that is subject, in a
particular compliance context, to being regulated.
Judge-made law, for the purpose of this unit standard, includes case law.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26900 version 2
Page 2 of 4
Organisation refers to a public sector organisation, as listed in the Public Sector
Directory at http://psd.govt.nz/list/index.php.
Regulatory environment refers to the social, political, and regulatory framework within
which compliance organisations operate.
Subordinate legislation refers to laws made under the delegated authority of
Parliament. Subordinate legislation includes but is not limited to – regulations,
bylaws, rules, licence conditions, consent conditions. Subordinate legislation is
sometimes referred to as delegated legislation.
Outcomes and evidence requirements
Outcome 1
Describe how legislation is created and its application in a public sector regulatory
environment.
Evidence requirements
1.1
Description includes how a Bill is initiated and created.
1.2
Description includes the process of how a Bill becomes an Act.
1.3
Description includes how subordinate legislation is derived from an Act, its
purpose, and how it can be applied in a public sector regulatory environment.
Range
1.4
subordinate legislation may include but is not limited to –
regulations, bylaws, rules, licence conditions, consent conditions.
Description includes an example of an Act and at least one related example of
subordinate legislation applied in a public sector regulatory environment.
This unit standard is
Evidence requirements
expiring
Outcome 2
Describe common law and explain its application in a public sector regulatory environment.
2.1
Common law is described in terms of judge-made law and precedent.
2.2
Description explains the influence of social context on common law.
Range
2.3
Explanation includes how common law may be applied in a public sector
regulatory environment.
Range
2.4
may include but is not limited to – social mores, morality, culture.
explanation includes at least one example.
Description explains how common law may contribute to the making of statute.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26900 version 2
Page 3 of 4
Outcome 3
Describe natural justice and explain its application in a public sector regulatory
environment.
Evidence requirements
3.1
Description explains principles of natural justice.
includes but is not limited to – hearing rule, bias rule, evidence
rule.
Range
3.2
Explanation includes how natural justice may be applied in a public sector
regulatory environment.
Range
3.3
explanation includes at least one example.
Description explains how natural justice may contribute to the making of statute.
Replacement information
This unit standard was replaced by unit standard 29181.
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
This unit standard is
Consent and Moderation Requirements (CMR) reference
0121
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
expiring
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
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA Expiring unit standard
26900 version 2
Page 4 of 4
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 Skills Organisation at reviewcomments@skills.org.nz if you wish to
suggest changes to the content of this unit standard.
This unit standard is
expiring
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
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