Assessor Assessment Pack

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1 Establish Legal and Risk Management Requirements of Small Business BSBSMB401

2 Precision Group (Australia) Pty Ltd 44 Bergin Rd, Ferny Grove, QLD, Website: Precision Group (Australia) Pty Ltd BSBSMB401 Establish Legal and Risk Management Requirements of Small Business Content in the Assessment Pack has been reproduced with kind permission from material produced and owned by the Department of Education, Training and the Arts. Overseas Student Information If you are an overseas student and you have a problem with your school or college that you haven t been able to fix, the Overseas Students Ombudsman might be able to help. The Ombudsman is a free complaint investigation service, available to people on student visas who are studying with private providers. You can read more about what the Ombudsman does, or make a complaint online, by visiting oso.gov.au. Copyright Notice No part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying or recording, or by an information retrieval system without written permission from Precision Group (Australia) Pty Ltd. Legal action may be taken against any person who infringes their copyright through unauthorised copying. These terms are subject to the conditions prescribed under the Australian Copyright Act Copying for Educational Purposes The Australian Copyright Act 1968 allows 10% of this book to be copied by any educational institute for educational purposes, provided that the institute (or the body that administers it) has given a remuneration notice to the Copyright Agency Limited (CAL) under the Act. For more information, info@copyright. com.au or visit for other contact details. Disclaimer Precision Group has made a great effort to ensure that this material is free from error or omissions. However, you should conduct your own enquiries and seek professional advice before relying on any fact, statement or matter contained in this book. Precision Group (Australia) Pty Ltd is not responsible for any injury, loss or damage as a result of material included or omitted from this material. Information in this course material is current at the time of publication. 124

3 Table of Contents Assessor Assessment Pack 127 Assessment Delivery 133 Assessment Assessor Information Steps for Assessors Assessment Agreement Tasks Context Marking Schedule 145 Recording Record of Assessment Unit of Competency and Assessment Requirements 151 BSBSMB401 Establish Legal and Risk Management Requirements of Small Business 125

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5 Assessment Delivery 127

6 Assessor Information This Assessor Assessment Pack is designed to assist you in assessing Learners completing the assessment for BSBSMB401 Establish Legal and Risk Management Requirements of Small Business. It may refer to the simulated business, Bounce Fitness and contains examples of what is in the Learner Assessment Pack, suggestions for assessing and the parameters of information required to provide a Satisfactory or Needs More Evidence decision. Notes, key points, and answers to guide and assist you are contained in this version, but are not in the Learner version. If you prefer to use the business of the Learner, simply substitute that business name. The simulated business, Bounce Fitness, is accessed by going to precisiongroup.com.au. You will have been given an access code for each Trainer/ Assessor Pack that you purchased. You will also have received an access code for each Learner Pack that you purchased. Access is valid for 12 months from the date of first log in. If you require access after this time, it may be purchased by going to Each Learner has a Learner Assessment Pack and that is where it is intended that they will complete their assessment tasks using the simulated business, Bounce Fitness. If you prefer to use the organisation of the Learner or your own business model, simply inform the Learner and request that they replace references to Bounce Fitness with the name of your preferred organisation. Each Assessor Assessment Pack is made up of three parts: Assessment Delivery Assessor Information Steps for Assessors Assessment Agreement Assessment Tasks Context Marking Schedule Recording Record of Assessment Copy of Unit of Competency Copy of Assessment Requirements 128

7 Before you commence assessing, ensure that you have a good knowledge of the subject, the assessment requirements, situation of the Learner, and the expectations of the industry to which the assessing is related. Most assessments are designed to be completed using the simulated business, but your Registered Training Organisation (RTO) may prefer to use the industry of the Learner or their own business model. Learners may be required to demonstrate knowledge and skills which may be difficult for the Assessor to witness. An Evidence Record is supplied which will allow the knowledge or skill to be verified by at least one third party signatory and preferably two or more. These witnesses would usually be current or recent supervisors, or you, the Assessor. As you encounter each task, explanations are made and it is up to you to use your experience and background knowledge of assessing theory to make a judgement as to whether it is sufficient and credible. Remember to be governed by the guidelines of the RTO for whom you are assessing. This organisation will have quality assurance documentation defining standards and processes to which you must adhere. Records must be kept of all aspects of the assessment in the Learner Pack. This will all evidence the why of your judgement. Keeping detailed notes is vital, as is the rationale for judgement. Be sure to keep records of any reasonable adjustments to the Assessment Task/s that you may have applied. The way you record all information is crucial. It is essential that you ask: 1. What did you see or hear? Write it down! 2. How does this vision or information relate to this unit? Write it down!! 3. What professional judgement did you make? Why? Write it down!!! The record of assessment is a legal document and must be signed, dated, and stored as required by your RTO. Please note that while each performance criterion has been noted, holistic assessment is desirable. It is in the interests of accuracy and credibility that all performance criteria are included. Individual gaps in performance are able to be noted more effectively if necessary. 129

8 Steps for Assessors Before you receive the completed Learner Assessment Pack: 1. Carefully study the unit topic, Assessment, and industry. Investigate the simulated business or conduct conversations with employers as appropriate, to understand any processes, policies, or procedures that may be necessary for Learners to know, and to which they may refer. Understand the industry requirements and how any legislative requirements impact on their organisation. You will need this information to properly assess their employees. 2. Explain the conditions of assessment to the Learners and complete the Assessment Agreement. 3. Prepare your Tasks to contextualise the Assessment to meet the needs of the industry for which you are providing the training. You may prefer to print these and include them with this Assessment. In the Assessor Assessment Pack Recording section, note your additional Tasks and mapping under the Context Detail heading, to enable you to record the Learner Assessment results for the contextualised Tasks. Conducting the Assessment: 1. Prior to commencement of the Assessment, Learners will be given their copy of the Learner Assessment Pack and access to the simulated business. They will have discussed with you the Assessment format and have signed the Assessment Agreement. 2. At this stage you will commence assessing any Tasks against the Assessment Marking Schedule supplied. If you are not using the simulated business for assessment, you will need to have obtained information from the employer. Because there is so much diversity, it is impossible for all variations and permutations in legislation, codes, awards, organisational processes, etc. to be included here. Again, it is your judgement that will decide if the response to questions and Tasks is sufficient. Recording Sheets for Tasks have been provided. Please record each Learner s information and outcomes in their Learner Assessment Pack and ensure that you include your justification for your final decision. There must be enough detail to allow anyone who was not involved in the process to understand your judgement. 3. Once Learners have completed and returned their Assessment to you, you will arrange a time with them for the feedback discussion and to advise if there are any further steps for them to take. Learners have the right to appeal any decision. 130

9 Example Only Complete this section in the Learner Assessment Pack for each Learner. Assessment Agreement Have you signed off: Delivery Method Classroom Small Group One-on-One Online Other (please describe) Assessment Method Learner s Organisation Pre-assessment meeting conducted Simulated Business Assessment Conditions Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the Management and Leadership Small and Micro Business field of work and include access to: Office equipment and resources Business technology including internet access Specialist software for analysis of data Relevant legislation, regulations, standards and codes Relevant workplace documentation and resources Case studies, or where possible, real situations Interaction with others. Assessors must satisfy NVR/AQTF assessor requirements. I confirm that the activities and assessment completed as part of this unit are my own work and comply with all relevant copyright and plagiarism rules. I understand that if there is any doubt of the authenticity of any piece of my assessment I can be orally examined and the signatory of evidence records may be contacted. Learner Name Learner Signature Date Assessor Name Assessor Signature Date 131

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11 Assessment 133

12 Tasks Learners are required to complete all tasks as instructed. Consider evidence as required by tasks and use accordingly to contextualise and meet the needs of each Learner. Contextualisation of Assessments by RTOs Precision Group recommends to all RTOs that they contextualise with additional tasks to suit particular industry requirements and specific organisational requirements. Contextualisation must retain the integrity of the assessment and the outcome of the unit of competency. 134

13 Example Only The Learner must complete these tasks on their own paper. To be assessed for this competency, you must demonstrate your ability to: Ensure compliance, by: Following taxation and industrial relations principles Updating and maintaining legal documents Investigating areas of non-compliance Monitoring provision of products and services Taking corrective action where necessary. Negotiate and arrange contracts, including: Seeking legal advice Investigating procurement rights Identifying options of leasing or ownership of business premises. Identify, assess and treat risks specific to the business including Prioritising risks with highest probability of occurrence and greatest negative impact on the business Identifying insurance requirements. The following Assessment Tasks must be completed by you to enable you to demonstrate these skills. These must be conducted: Using the simulated business Bounce Fitness or In your own workplace if you are able to access all the documents and conduct all of the activities. Ensure that you gain the approval of your choice with your Assessor before commencing. If you are using the simulated business, you will need to access precisiongroup.com.au. You may also need to conduct further research. 135

14 Information Regarding the Assessment Using the business you have or will establish or the simulated business Bounce Fitness, complete the following Tasks. If you are using your own small business, you will need to have the Third Party Evidence Record, Task 2 completed and signed by one of your business advisors. This will provide evidence that you completed the necessary requirements accurately on your small business. If you are using the simulated business, you will need to print copies of any documentation to which you refer or used as evidence to support your information. Task 1 Project: Establish Legal and Risk Management Requirements of Small Business This Task requires you to plan for the legal and risk management of your small business. To do this you must address the following in an essay for your Assessor. 1a 1b 1c 1d Decide on the business structure that you would use if you owned one of the Bounce Fitness Centres as an independent entity. If you are using your business, what structure would you use? Discuss the legal implications and risks associated with this decision for your chosen business. What licences are necessary to operate one of the Bounce Fitness Centres or your business? What steps do you need to take to apply for these licences? Do you need to register your business name or apply for trade mark registration? What insurance will be necessary to protect your business? Prepare a summary of the laws that apply to the business you have chosen to work with for this assessment. Outline the systems you will use to make sure you are complying with these laws, including risks with a high probability of occurring. 1e Prepare a record keeping system to support your compliance with laws that apply to your business (e.g. taxation, employment, WorkCover/workers compensation). If you already have a business in operation, present some examples of these documents. 1f 1g Identify the contracts, rights and obligations that are involved in your chosen business. Where will you operate this business? What contractual arrangements have been or will be made to secure this? If there were any changes that you negotiated to the contract, describe how this was undertaken and the result. Include copies of any documents to which you refer for your Assessor. 136

15 Marking Schedule Key Points and Suggested Answers Record what you saw or heard, how it related to the performance criteria, your judgement, and why you made that judgement in the Learner Assessment Pack. Also ensure that you record your feedback. Assessing Notes There are too many possible scenarios to include specific details for assessing guidelines. It is the responsibility of the Assessor to check the credibility of the answer of the Learner. The Assessor will need to undertake considerable research on their own if the Learner has used their own business. However, the parameters of quantity and quality of information provided by the Learner is indicated in each answer. In areas where there is a question remaining about the appropriateness and usefulness of any answer, question the Learner to ensure their skills and knowledge. It may also be useful to refer to your Trainer Manual for further information or discuss answers with the advisor to the Learner who signed the Third Party Evidence Record. 140

16 Task 1 Project: Establish Legal and Risk Management Requirements of Small Business This Task requires the Learner to plan for the legal and risk management of their small business or the Case Study. They must address the following in an essay for the Assessor. 1a 1b 1c Decide on the business structure that you would use if you owned one of the Bounce Fitness Centres. If you are using your business, what structure would you use? Discuss the legal implications and risks associated with this decision for your chosen business. The Learner should have selected an option that is consistent with their situation and style of business. In the case of the simulated business, this would be sole trader, partnership or company. The choice must be supported with solid and credible reasoning. The discussion of legal implications must again, be appropriate to the choice. Search online au consult the Trainer Manual, Learner Advisors or contact industry bodies to confirm. What licences are necessary to operate one of the Bounce Fitness Centres or your business? What steps do you need to take to apply for these licences? Do you need to register your business name or apply for trademark registration? What insurance will be necessary to protect your business? This will depend on the State selected by the Learner. In the case of the simulated business, the website will guide you to the appropriate information in each state. For the Learner s own business, ensure that their list is complete. It may again be appropriate to search online business.gov.au consult the Trainer Manual, Learner Advisors or contact industry bodies to confirm. Prepare a summary of the laws that apply to the business you have chosen to work with for this assessment. This will depend on the State selected by the Learner. In the case of the simulated business, the website will guide you to the appropriate information in each state. For the Learner s own business, ensure that their list is complete. It may again be appropriate to search online business.gov.au consult the Trainer Manual, Learner Advisors or contact industry bodies to confirm. Each law should be described in terms of how it affects the business, what the penalties are (if any) for non-compliance. 141

17 Task 1 Project: Establish Legal and Risk Management Requirements of Small Business 1d Outline the systems you will use to make sure you are complying with these laws. The systems described by the Learner should deal with each requirement as stated in 1c. The systems should be reliable, as reasonably foolproof as possible and include mention of how the funding will always be available to pay if required. In the case of the simulated business, payment of franchise fees, advertising etc must be discussed. 1e Prepare a record keeping system to support your compliance with laws that apply to your business (e.g. taxation, employment, WorkCover/workers compensation). If you already have a business in operation, present some examples of documents. 1f 1g In addition to the answers provided in 1d, this should be extended to include filing and storage of both hardcopy and softcopy records. Ensure that the methods are reliable, secure and there is regular backup in place. Identify the contracts, rights and obligations that are involved in your chosen business. This will depend on the choice of premises and staffing by the Learner. Ensure that the information does effectively and practically support previous descriptions and choices and that all are dealt with. Where will you operate this business? What contractual arrangements have been or will be made to secure this? If there were any changes that you negotiated to the contract, describe how this was undertaken and the result. Again, this must be a reasonable choice. For example, operating a fitness centre in your garage is not a good idea while an electrician may be able to do so with administrative support. Check that the Learner has covered all items and requirements that were included in the training. Task 2 Evidence Record If the Learner has used their own small business that is or is intended to be established, this Evidence Record is to be verified by an individual who MUST be the professional business advisors (Solicitors, Accountants) or Financial planners as satisfactory in all performance criteria. 142

18 Example Only Complete this section in the Learner Assessment Pack for each Learner. Tasks Sign-Off Sheet Learner Name Assessor Name Learner Signature Assessor Signature Date Date 143

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20 Recording 145

21 Example Only Complete this section in the Learner Assessment Pack for each Learner. Record of Assessment Learner Details Assessor Details Name Name Course Code Site and Date Unit Code BSBSMB401 Unit Name Establish Legal and Risk Management Requirements of Small Business Performance Criteria Mapping Assessment Activity PC Mapping Satisfactory Needs More Evidence Task 1 Project: Establish Legal and Risk Management Requirements of Small Business Task 2 Evidence Record 1.1, 1.2, , 2.2, 2.3, 2.4, , 3.2, 3.3, 3.4, , 1.2, , 2.2, 2.3, 2.4, , 3.2, 3.3, 3.4, 3.5 Performance Evidence Mapping Satisfactory Needs More Evidence PE1 Demonstrate a systematic approach to identifying, managing and meeting legal and regulatory requirements, specifically in regard to WHS, business registration and environmental requirements Ensure compliance, by: Following taxation and industrial relations principles PE2 Updating and maintaining legal documents Investigating areas of non-compliance Monitoring provision of products and services Taking corrective action where necessary 146

22 Performance Evidence Mapping Negotiate and arrange contracts, including: Satisfactory Needs More Evidence PE3 Seeking legal advice Investigating procurement rights Identifying options of leasing or ownership of business premises. Identify, assess and treat risks specific to the business including: PE4 Prioritising risks with highest probability of occurrence and greatest negative impact on the business Identifying insurance requirements Knowledge Evidence Mapping Satisfactory Needs More Evidence KE1 KE2 KE3 KE4 KE5 KE6 KE7 KE8 KE9 Outline business registration and licensing requirements Identify all government legislative requirements relating to the specific business operation Explain creation and termination of relevant legal contracts Summarise relevant cultural differences and legal implications Describe legal rights and obligations of alternative ownership structures Outline necessary record keeping to meet minimum legal and taxation requirements Summarise relevant consumer legislation and industry codes of practice Outline the key steps in the risk management process Explain relevant insurance requirements and products. Context Mapping PC Mapping Satisfactory Needs More Evidence 147

23 Foundation Skills Mapping Skill Description ACSF Level Mapping Satisfactory Needs More Evidence Reading Identifies, analyses and evaluates a range of complex text to determine legislative, regulatory and related business requirements 4 Tasks 1 and 2 Writing Prepares written reports and workplace documentation that communicate complex information clearly and effectively 4 Tasks 1 and 2 Oral Communication Uses specific and relevant language to clearly articulate legal issues, and uses questioning and listening techniques to clarify solutions Participates in verbal negotiations using tone and language suitable to audience 4 4 Tasks 1 and 2 Tasks 1 and 2 Numeracy Reviews, analyses, compares and contrasts numerical data which may be embedded in documents 4 Tasks 1 and 2 Calculates business insurance costs and compares costing options 4 Tasks 1 and 2 Navigate the world of work Monitors adherence to organisational policies and legislative responsibilities and considers own role in terms of its contribution to broader goals of work environment 4 Tasks 1 and 2 Interact with others Plays a lead role in situations requiring effective collaboration, demonstrating high-level influencing skills, focusing and shaping awareness, and engaging and motivating others 4 Tasks 1 and 2 Takes responsibility for planning and organising own workload, identifying ways of sequencing and combining elements for greater efficiency 4 Tasks 1 and 2 Implements actions as per plan, making adjustments if necessary and addressing unexpected issues 4 Tasks 1 and 2 Get the work done Understands importance of secure information and privacy in relation to own work and takes personal responsibility for identifying and managing risk factors 4 Tasks 1 and 2 Makes a range of critical and non-critical decisions in complex situations, taking a range of constraints into account 4 Tasks 1 and 2 148

24 (please tick appropriate box) Yes No Comments and future action noted in Learner Assessment Pack Results discussed and agreed to You have the right to appeal the outcome of your assessment. The Learner is Competent Not Yet Competent Learner Comments Assessor Comments Details of further evidence required After reassessment the Learner is Competent Not Yet Competent Assessor Signature Date The signature confirms that I have submitted all my own work and agree with the assessment decision and feedback. Learner Signature Date 149

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26 Unit of Competency and Assessment Requirements BSBSMB401 Establish Legal and Risk Management Requirements of Small Business 151

27 Unit of Competency Unit of Competency Modification History Release 2 This version released with BSB Business Services Training Package Version 2.0. Version created to clarify intent of unit This unit describes the skills and knowledge required to identify and comply with all regulations affecting the business. Application It applies to individuals operating a small business who use analytical skills to interpret legislation and regulations and develop procedures to manage compliance. No licensing, legislative or certification requirements apply to this unit at the time of publication. Unit Sector Management and Leadership Small and Micro Business ELEMENTS AND PERFORMANCE CRITERIA Element Elements describe the essential outcomes. Performance Criteria Performance criteria describe the performance needed to demonstrate achievement of the element Identify and research possible options for the business legal structure using appropriate sources 1. Identify and implement business legal requirements 1.2 Determine legislation and regulatory requirements affecting operations of the business under its chosen structure 1.3 Develop and implement procedures to ensure full compliance with relevant legislation and regulatory requirements 2.1 Establish systems to ensure legal rights and responsibilities of the business are identified and the business is adequately protected, specifically in relation to work health and safety (WHS), business registration and environmental requirements 2. Comply with legislation, codes and regulatory requirements 2.2 Identify taxation principles and requirements relevant to the business, and follow procedures to ensure compliance 2.3 Identify and carefully maintain legal documents and maintain and update relevant records to ensure their ongoing security and accessibility 2.4 Monitor provision of products and services of the business to protect legal rights and to comply with legal responsibilities 2.5 Conduct investigations to identify areas of non compliance with legal and regulatory requirements, and take corrective action where necessary 152

28 Unit of Competency ELEMENTS AND PERFORMANCE CRITERIA Element Elements describe the essential outcomes. Performance Criteria Performance criteria describe the performance needed to demonstrate achievement of the element. 3.1 Seek legal advice on contractual rights and obligations, if required, to clarify business liabilities 3. Negotiate and arrange contracts 3.2 Investigate and assess potential products and services to determine procurement rights and ensure protection of business interests where applicable 3.3 Negotiate and secure contractual procurement rights for goods and services including contracts with relevant people, as required, in accordance with the business plan 3.4 Identify options for leasing or ownership of business premises and complete contractual arrangements in accordance with the business plan. 4.1 identify potential internal and external risks to the business 4. Identify and treat business risks 4.2 assess the probability and impact of identified risks 4.3 prioritise risks for treatment 4.4 develop actions to mitigate risks including identifying insurance requirements and adequate cover FOUNDATION SKILLS This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance. Skill Performance Criteria Description Reading , , Writing 1.3, 2.1, 2.3, 2.5, 3.1, 3.3, 3.5 Identifies, analyses and evaluates a range of complex text to determine legislative, regulatory and related business requirements Prepares written reports and workplace documentation that communicate complex information clearly and effectively Oral Communication 2.5, 3.1, 3.3 Uses specific and relevant language to clearly articulate legal issues, and uses questioning and listening techniques to clarify solutions Participates in verbal negotiations using tone and language suitable to audience Numeracy 2.2, 2.5, 3.3, 3.4 Reviews, analyses, compares and contrasts numerical data which may be embedded in documents Calculates business insurance costs and compares costing options 153

29 Unit of Competency FOUNDATION SKILLS This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance. Skill Performance Criteria Description Navigate the world of work Interact with others Get the work done 1.2, 1.3, 2.1 Monitors adherence to organisational policies and legislative responsibilities and considers own role in terms of its contribution to broader goals of work environment 3.1, 3.3 Plays a lead role in situations requiring effective collaboration, demonstrating high-level influencing skills, focusing and shaping awareness, and engaging and motivating others , 2.1 Takes responsibility for planning and organising own workload, identifying ways of sequencing and combining elements for greater efficiency Implements actions as per plan, making adjustments if necessary and addressing unexpected issues Understands importance of secure information and privacy in relation to own work and takes personal responsibility for identifying and managing risk factors Makes a range of critical and non-critical decisions in complex situations, taking a range of constraints into account UNIT MAPPING INFORMATION Code and title current version Code and title previous version Comments Equivalence status BSBSMB401 BSBSMB401 Minor edits to clarify Equivalent unit Establish legal and Establish legal and intent of unit risk management risk management requirements of requirements of small business small business Release 2 Release 1 LINKS Companion volumes available from the IBSA website: au/pages/trainingpackage.aspx?pid=13 154

30 Assessment Requirements Assessment Requirements Modification History Release 2 This version released with BSB Business Services Training Package Version 2.0. Version created to clarify intent of unit PERFORMANCE EVIDENCE Evidence of the ability to: Demonstrate a systematic approach to identifying, managing and meeting legal and regulatory requirements, specifically in regard to WHS, business registration and environmental requirements Ensure compliance, by: Following taxation and industrial relations principles Updating and maintaining legal documents Investigating areas of non-compliance Monitoring provision of products and services Taking corrective action where necessary Negotiate and arrange contracts, including: Seeking legal advice Investigating procurement rights Identifying options of leasing or ownership of business premises. Identify, assess and treat risks specific to the business including Prioritising risks with highest probability of occurrence and greatest negative impact on the business Identifying insurance requirements Note: If a specific volume or frequency is not stated, then evidence must be provided at least once. KNOWLEDGE EVIDENCE To complete the unit requirements safely and effectively, the individual must: Outline business registration and licensing requirements Identify all government legislative requirements relating to the specific business operation Explain creation and termination of relevant legal contracts Summarise relevant cultural differences and legal implications Describe legal rights and obligations of alternative ownership structures Outline necessary record keeping to meet minimum legal and taxation requirements Summarise relevant consumer legislation and industry codes of practice Outline the key steps in the risk management process Explain relevant insurance requirements and products. 155

31 Assessor Assessment ASSESSMENT CONDITIONS Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the Management and Leadership Small and Micro Business field of work and include access to: Office equipment and resources Business technology including internet access Specialist software for analysis of data Relevant legislation, regulations, standards and codes Relevant workplace documentation and resources Case studies, or where possible, real situations Interaction with others. Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards. LINKS Companion volumes available from the IBSA website: au/pages/trainingpackage.aspx?pid=13 156

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