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: 

Avoid and prevent conduct that can result in delictual liability of the state in a correctional/detention environment 
SAQA US ID UNIT STANDARD TITLE
114026  Avoid and prevent conduct that can result in delictual liability of the state in a 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 5  Level TBA: Pre-2009 was L5  12 
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 in the Correctional environment and who aims to perform their duties without causing civil liability to the State

People credited with this unit standard are able to
Demonstrate an understanding of how delictual (civil) liability is
Distinguish between civil (delictual) and criminal
Avoid conduct that can cause unlawful damages to persons 

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:
  • Knowledge of their duties
  • Knowledge of their obligations in terms of policy
  • Understanding the objective of safe custody 
    		•

    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 how delictual (civil) liability is determined. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. Knowledge and understanding of the elements of delictual liability is demonstrated by verbal explanation to colleagues. 
    ASSESSMENT CRITERION RANGE 
    Culpability,act,unlawfulness,damages,causation.
     

    ASSESSMENT CRITERION 2 
    2. Observed conduct is evaluated in accordance with the elements of civil (delictual liability). 

    ASSESSMENT CRITERION 3 
    3. Intended or anticipated conduct is evaluated and compared with the criteria for constituting delictual (civil) liability. 

    SPECIFIC OUTCOME 2 
    Distinguish between civil (delictual) and criminal liability. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. Knowledge and understanding of the differences between delictual and criminal liability is demonstrated by verbal explanation. 
    ASSESSMENT CRITERION RANGE 
    (only if/where needed).
     

    ASSESSMENT CRITERION 2 
    2. Knowledge and understanding of the similarities between delictual and criminal liability is demonstrated by verbal explanation. 

    ASSESSMENT CRITERION 3 
    3. Understanding is demonstrated that certain conduct could constitute both delictual (civil) and criminal liability. 

    ASSESSMENT CRITERION 4 
    4. Understanding is demonstrated that delictual (civil) liability could result more likely than criminal liability. 

    ASSESSMENT CRITERION 5 
    5. Understanding is demonstrated of how the use of force resulting in assault could result in both delictual (civil) and criminal liability and that delictual liability can result even in the absence of a conviction on assault charges. 

    SPECIFIC OUTCOME 3 
    Avoid conduct that can cause unlawful damages to persons. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. Potential damages that could result from different actions are identified. 
    ASSESSMENT CRITERION RANGE 
    (only if/where needed).
     

    ASSESSMENT CRITERION 2 
    2. An understanding of what constitutes unlawful damages are demonstrated by verbal explanation. 

    ASSESSMENT CRITERION 3 
    3. Conduct that have the risk of unlawful damages as a consequence are avoided as far as alternative conduct or avoidance would not have worse consequences. 

    ASSESSMENT CRITERION 4 
    4. Potential damages that can not be avoided are minimised in terms of measures taken to minimise the damages caused. 

    SPECIFIC OUTCOME 4 
    Prevent conduct and situations that can cause liability for the State. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. Conduct of colleagues are observed and guidance are given to colleagues to avoid conduct identified as a risk. 
    ASSESSMENT CRITERION RANGE 
    (only if/where needed).
     

    ASSESSMENT CRITERION 2 
    2. Timely steps are taken to obtain legal advise in cases of uncertainty to ensure that intended actions are in order. 

    ASSESSMENT CRITERION 3 
    3. Conduct observed and identified as a risk pertaining to liability of the State are reported in terms of policy requirements. 

    ASSESSMENT CRITERION 4 
    4. Guidelines for conduct and preferred procedures are devised to provide for general prevention of liability. 

    ASSESSMENT CRITERION 5 
    5. Re-occurrence of cases that lead to State liability are avoided by taking preventative measures and providing training or guidance to staff. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Anyone assessing a candidate against this unit standard must be registered as an assessor with the relevant ETQA.
    2. Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.
    3. 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 elements of delictual (civil) liability
  • Legal theory regarding liability
  • The theory relating to vicarious liability of the State

    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: Problems relating to potential liability are identified and have to be solved by choosing conduct or action that would have least potential of liability. Decisions have to be made continuously as guided by critical thinking regarding the consequences of actions and avoidance of detrimental consequenses. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage themselves and their activities responsibly and effectively.

    Note: Responsibility are displayed in care applied to perform activities effectively but without causing liability to the State. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information.

    Note: Options are constantly evaluated in terms of the risk they pose. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively, using visual, mathematical and / or language skills in the modes of oral and / or written presentations.

    Note: Effective communication is often essential to prevent consequences that may lead to liability. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically showing responsibility towards the environment and health of others.

    Note: Technology are used with responsibility shown to avoid detrimental consequences harming the environment or injuring persons. 

    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: Demonstrated by constant recognition that the determination of liability is always dependant upon the particular circumstances. 

    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 
    Terminolgy

    Terms have been clarified as far as possible through the use of range statements. Further clarification of terms is provided as follows:

    Delictual liability relates to the liability for unlawful damages caused to another person and being liable implies compensation as a restorative aim (restoring the unlawful damages caused) to be paid.

    Vicarious liability relates to the liability caused for e.g. the State by the unlawful actions of its employees due to being responsible for the conduct of its employees under certain circumstances. 

    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 


    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.