SAQA

All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.

SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE:

Identify laws and rules applicable to different issues or circumstances within the correctional/detention environment

SAQA US ID	UNIT STANDARD TITLE
114016	Identify laws and rules applicable to different issues or circumstances within the correctional/detention environment
ORIGINATOR
SGB Corrections
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-
FIELD			SUBFIELD
Field 08 - Law, Military Science and Security			Safety in Society
ABET BAND	UNIT STANDARD TYPE	PRE-2009 NQF LEVEL	NQF LEVEL	CREDITS
Undefined	Regular	Level 4	NQF Level 04	6
REGISTRATION STATUS		REGISTRATION START DATE	REGISTRATION END DATE	SAQA DECISION NUMBER
Passed the End Date - Status was "Reregistered"		2007-08-07	2010-08-07	SAQA 0160/05
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2011-08-07		2014-08-07

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.

This unit standard does not replace any other unit standard and is not replaced by any other unit standard.

PURPOSE OF THE UNIT STANDARD

This unit standard will be useful to people working within the legal framework within which corrections have to operate.

People credited with this unit standard are able to:

Demonstrate an understanding of the bigger picture regarding the legal framework within which corrections have to operate.

Identify laws applicable to corrections in general.

Identify laws and sections of legislation applicable in particular cases or different situations.

Consider all sections of legislation applicable in dealing with different particular issues.

Take account of amendments to legislation.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

The credit calculation is based on the assumption that learners are already competent in terms of the following outcomes or areas of learning when starting to learn towards this unit standard:

Reading and comprehension skills

UNIT STANDARD RANGE

Specific range statements are provided in the body of the unit standard where they apply to particular specific outcomes or assessment criteria.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Demonstrate an understanding of the bigger picture regarding the legal framework.

OUTCOME NOTES

Demonstrate an understanding of the bigger picture regarding the legal framework within which corrections have to operate.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Understanding of the legal framework is demonstrated by.

ASSESSMENT CRITERION 2

2. Misperceptions that legislation comprises the sum total of laws or complete legal framework are alleviated and understanding demonstrated of the other sources of law.

ASSESSMENT CRITERION 3

3. Understanding is demonstrated that Corrections has a legal foundation.

ASSESSMENT CRITERION 4

4. Understanding of the impact of case law (court decisions) on the operations of Corrections and on policy amendments is demonstrated by explanation.

ASSESSMENT CRITERION 5

5. Understanding of the different sources of law as means through which laws comes into being is demonstrated by explanation.

SPECIFIC OUTCOME 2

Identify laws applicable to corrections in general.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. All legislative documents, Acts, statutes, or regulations applicable to the operation of Corrections in general terms are identified for own understanding and listed as part of information to stakeholders requiring such information.

ASSESSMENT CRITERION RANGE

Constitution of South Africa, Correctional Services Act, Criminal Procedure Act, Correctional Services Regulations, Child Welfare Act, Child Justice Act etc.

ASSESSMENT CRITERION 2

2. The link between different legislative documents are explained to stakeholders.

ASSESSMENT CRITERION 3

3. Understanding is demonstrated of the hierarchical status and role of the different legislative documents.

ASSESSMENT CRITERION RANGE

Constitution of South Africa, Correctional Services Act, Correctional Services Regulations, Departmental Orders.

ASSESSMENT CRITERION 4

4. Particular situations or issues are dealt with, with simultaneous consideration of all applicable provisions demonstrating an understanding of the inter dependence of provisions.

ASSESSMENT CRITERION 5

5. Understanding is demonstrated that a provision in legislation can not be considered in isolation.

SPECIFIC OUTCOME 3

Identify laws and sections of legislation applicable in particular cases or different situations.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Understanding is demonstrated that different parts or sections of legislation are applicable to different issues or cases.

ASSESSMENT CRITERION RANGE

(only if/where needed)

ASSESSMENT CRITERION 2

2. Sections are read with reference to the applicable particular case at hand.

ASSESSMENT CRITERION 3

3. Sections of legislation applicable to a particular case or issue being dealt with or being under consideration are identified and its applicability substantiated.

ASSESSMENT CRITERION 4

4. Understanding is demonstrated that in determining applicability, a great deal depend on the wording of potential sections.

SPECIFIC OUTCOME 4

Consider all sections of legislation applicable in dealing with different particular issues.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Particular situations or issues are dealt with, with simultaneous consideration of all applicable provisions demonstrating an understanding of the inter dependence of provisions.

ASSESSMENT CRITERION 2

2. Understanding is demonstrated that a provision in legislation can not be considered in isolation.

ASSESSMENT CRITERION 3

3. Demonstrate a basic understanding of the answers to legal questions always being dependant on the circumstances.

SPECIFIC OUTCOME 5

Take account of amendments to legislation.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Amendments to sections applicable to a particular issue or case being considered are identified.

ASSESSMENT CRITERION RANGE

(only if/where needed)

ASSESSMENT CRITERION 2

2. The status of amendments with regard to date of enforcement is determined in accordance to the procedures applicable to the creation of legislation.

ASSESSMENT CRITERION 3

3. An updated version of the applicable legislation is maintained and updated as amendments occur.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

Anyone assessing a candidate against this unit standard must be registered as an assessor with the relevant ETQA.

Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.

Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines and the agreed ETQA procedures.

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE

The following essential embedded knowledge will be assessed through assessment of the specific outcomes in terms of the stipulated assessment criteria:

The sources of laws and rules

List of applicable legislation

Effect of amendments

Candidates are unlikely to achieve all the specific outcomes, to the standards described in the assessment criteria, without knowledge of the listed embedded knowledge. This means that for the most part, the possession or lack of the knowledge can be directly inferred from the quality of the candidate`s performance. Where direct assessment of knowledge is required, assessment criteria have been included in the body of the unit standard.

UNIT STANDARD DEVELOPMENTAL OUTCOME

N/A

UNIT STANDARD LINKAGES

N/A

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO IDENTIFYING

Identify and solve problems and make decisions using critical and creative thinking.

Note: Problem solving is often required in circumstances where one is faced with alternatives and decisions requiring critical thinking to make a choice between alternative potential action as would be guided by the applicable rule or provision identified. Identification of the applicable rule or provision should be proceeded by identifying the exact problem and followed by problem solving in accordance with the identified provisions applicable.

UNIT STANDARD CCFO WORKING

Work effectively with others as members of a team, group, organisation or community.

Note: Identifying applicable rules, provisions or sections of provisions often require teamwork or at least reference to others who can support one in this exercise. Often advise may be needed reflecting the importance to be able to work in relation to a group or an organisation as a whole and not in isolation as an individual.

UNIT STANDARD CCFO ORGANISING

Organise and manage themselves and their activities responsibly and effectively.

Note: The organising and managing of themselves and their activities are applicable in terms of it being subject to the laws and rules applicable. Organising and managing activities without due cognisance of the legal framework within which they should operate will create a risk. Knowledge of applicable rules and laws is a condition for effective organising and management of oneself and your activities. Organising and managing in a certain manner could in itself be in conflict with applicable rules or laws, which should be guarded against.

UNIT STANDARD CCFO COLLECTING

Collect, analyse, organise and critically evaluate information.

Note: The collecting of information in terms of applicable rules and provisions or laws. Analysing which particular rules, provisions or laws are applicable in particular cases. Organising of information applies to having an easy reference available in a well organised source of reference and particularly in terms of keeping updated with developments or amendments.

UNIT STANDARD CCFO SCIENCE

Use technology effectively and critically showing responsibility towards the environment and health of others.

Note: The effective use of technology is applicable in as far as it can assist in identifying applicable laws, rules and provisions. (E.g. electronic library/intranet)

UNIT STANDARD CCFO DEMONSTRATING

Demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation.

Note: Reflected by the understanding that making choices between particular alternatives cannot be done without ensuring that all related guiding references are taken into account. A piece of legislation cannot be viewed in isolation but has to be considered in relation to other legislation that may be applicable. Further reflected by the understanding that problems can not be solved in isolation but in context of all applicable rules , provisions and or laws.

UNIT STANDARD ASSESSOR CRITERIA

Assessors should keep the following principles in mind when designing and conducting assessments against this unit standard:

Focus the assessment activities in terms of the title.

Assessment activities should be as close to the real performance as possible and when simulations are used, there should be supporting evidence to show that the person is able to perform in the real situation

Assessment activities should focus on outcomes and should be sufficient to enable evidence to be gathered around all the assessment criteria.

The assessment criteria provide the specifications against which assessment judgements should be made. In most cases, knowledge can be inferred from the quality of the performances, but in other cases, knowledge and understanding will have to be tested through questioning techniques. Where this is required, there will be assessment criteria to specify the standard required

All assessment should be conducted in line with the following well documented principles of assessment: appropriateness, fairness, manageability, integration into work or learning, validity, direct, authentic, sufficient, systematic, open and consistent.

UNIT STANDARD NOTES

Terminology

Terms have been clarified as far as possible through the use of range statements.

QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	PRIMARY OR DELEGATED QA FUNCTIONARY
Core	48553	National Diploma: Corrections Science	Level 5	NQF Level 05	Passed the End Date - Status was "Reregistered"	2020-07-30	SAS SETA

PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD:

This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.

NONE