This factor measures the extent to which the law, legislative and regulatory requirements need to be interpreted and applied by the position.
It relates to whether the position has the requirement and latitude to make judgments about whether or not to apply a piece of legislation, regulation 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 events, records must be kept for seven years, safety measures must be put in place before an electrical shutdown, authorising documentation must be completed before a medical procedure may commence.
Level
Description
1
NIL Application of the law or legislative procedures is not a requirement of the position.
OR
Applies standardised procedures in a specific field relevant to the position’s work unit where there is little uncertainty surrounding its application, and procedures are specified in a practice or procedures manual.
2
PROCEDURAL References legislation to guide work practice. Interpretation of the legislation is readily available through precedent or provided by others.
3
SPECIFIC 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 relevant elements of law or legal procedures would be required at this level.
4
INTERPRET Interprets existing legislation for application in a range of fields. Examples of positions at this level would include Company Secretary, Administration Director. Training in relevant aspects is required, but not necessarily to the level of a Law Degree.
5
JUDGEMENT Interprets and makes judgements based on existing legislation for application in a specialised field. Level 5 jobs and above require formal legal training. Examples include Tax Lawyer, Legal Manager, Assistant General Counsel
6
BROAD JUDGEMENT Interprets and makes judgements or offers high level advice based on existing legislation for application in a range of diverse fields, eg Judge, Chief Counsel of an organisation .
7
FORMULATE Formulates or analyses the law, eg academic lawyer, some specialist Public Service positions.
8
BROAD REVIEW Establishes the meaning of law, or reviews it at the highest possible level eg High Court Judge.
