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1.3.6 Application of Law and Legislative Procedure

This factor measures the extent to which the law and legislative procedures need to be interpreted for application by the position. It is applied where the position has latitude to make judgments about whether or not to apply a piece of legislation or legislative procedure; or needs to make an interpretation of a piece of legislation before deciding whether or not it must be applied; or where a situation needs to be analysed to see which if any legislation applies.

This factor does not apply where regulations or legislative procedures are applied as a matter of routine in clearly and specifically defined circumstances, eg a tax return must be submitted by a certain date, a financial statement must include certain elements, the stock exchange must be advised of certain events, certain records must be kept for seven years, certain safety measures must be put in place before an electrical shutdown, certain authorising documentation must be completed before a medical procedure may commence.

Table 1.3.6 Application of Law and Legislative Procedure

LevelDescription
1

Application of the law or legislative procedures is not a requirement of the position.
OR
Applies standardised legislative procedures in a specific field relevant to the position's work unit where there is little uncertainty surrounding its application, and is usually as specified in a practice or procedures manual.

2 References procedural legislation to guide work practice. Interpretation of the legislation is readily available through precedent or provided by others.
3 Interprets existing legislation for application in a specific field relevant to the position's work unit. There is a degree of uncertainty in the application and a judgment based on the circumstances needs to be made by the position holder. Include CEO's and private enterprise Company Directors. Some training in the law or legal procedures would be required at this level.
4

Interprets existing legislation for application in a range of fields. Examples of positions at this level would include Company Secretary, Administration Director.

5

Interprets and makes judgements based on existing legislation for application in a specialised field. Level 5 jobs and above would require formal legal training. Examples include tax lawyer.

6

Interprets and makes judgements based on existing legislation for application in a range of fields, eg Judge, Chief Counsel.

7 Formulates the law, eg academic lawyer.
8 Establishes the law, eg High Court Judge.

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