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