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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE:

Avoid negligent conduct in corrections

SAQA US ID	UNIT STANDARD TITLE
114040	Avoid negligent conduct in corrections
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 performing functions which has the potential of negligence as a risk.

People credited with this unit standard are able to:

Demonstrate an understanding of negligence and how it will be determined

Determine/ estimate what a reasonable person in the same circumstances would have done and act accordingly

Demonstrate an understanding of the consequences resulting from being found negligent

Compare alternative potential actions and consequences in different circumstances in performing different duties.

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:

Understanding the importance of performing duties in compliance with policy

Displaying an attitude of carefulness and a general sensitivity not to cause harm.

UNIT STANDARD RANGE

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

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Demonstrate an understanding of negligence and how it will be determined.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Knowledge and understanding of the criteria to determine negligence is demonstrated by explanation.

ASSESSMENT CRITERION 2

2. Knowledge and understanding of the characteristics of the reasonable person as an average fictitious yardstick is demonstrated by explanation.

ASSESSMENT CRITERION 3

3. Understanding is demonstrated that complying with the standard of the reasonable person is adequate to avoid or prevent the resulting of negligence.

ASSESSMENT CRITERION 4

4. Negligence is distinguished from intentional conduct in accordance with the theoretical differences existing.

ASSESSMENT CRITERION 5

5. Understanding is demonstrated that the omission to comply with legal duties makes it likely to be determined negligent.

SPECIFIC OUTCOME 2

Determine/ estimate what a reasonable person in the same circumstances would have done.

OUTCOME NOTES

Determine/ estimate what a reasonable person in the same circumstances would have done and act accordingly.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. An estimation is made whether the reasonable person in the same circumstances would have foreseen damage or harm.

ASSESSMENT CRITERION 2

2. An estimation is made whether the reasonable person in the same circumstances would have taken steps to avoid damage or harm foreseen.

ASSESSMENT CRITERION 3

3. Potential steps to prevent or avoid damage or harm are identified with reference to the steps that a reasonable person would have taken.

ASSESSMENT CRITERION 4

4. At least the same or equally effective steps than the reasonable person would have taken, is taken.

ASSESSMENT CRITERION 5

5. Omissions to execute legal duties are avoided.

ASSESSMENT CRITERION RANGE

Correctional Services Act, regulations, duty to ensure safe custody.

SPECIFIC OUTCOME 3

Demonstrate an understanding of the consequences resulting from being found negligent.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Understanding is demonstrated that being found negligent could result in both criminal and delictual liability.

ASSESSMENT CRITERION RANGE

Only if/where needed.

ASSESSMENT CRITERION 2

2. Understanding is demonstrated that being found negligent could result in the liability of the employer.

SPECIFIC OUTCOME 4

Compare alternative potential actions and consequences in different circumstances.

OUTCOME NOTES

Compare alternative potential actions and consequences in different circumstances in performing different duties.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Alternative potential actions are compared in terms of the consequences of the alternatives.

ASSESSMENT CRITERION 2

2. Choices between available alternative actions are made with reference to the reasonable person.

ASSESSMENT CRITERION 3

3. Undue fear for a potential result of negligence is avoided in situations where alternatives could have more serious consequences.

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:

Culpability as an element of criminal and delictual liability

Theory regarding the criteria of the reasonable person

The legal concept of negligence

The difference between negligence and intention

Objective nature of the test for negligence

Relevance of the test for negligence (afterwards) for consideration before acting

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.

Problem solving is often required in circumstances where one is faced with alternatives and decisions (often very quick decisions) requiring critical and creative thinking to make a choice between alternative potential action which choice could be regarded as the best in the light of avoiding negligence.

UNIT STANDARD CCFO WORKING

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

Circumstances that pose a risk of negligent conduct often require teamwork and often teamwork or utilising the available support of others are important in efforts to avoid negligent conduct.

UNIT STANDARD CCFO ORGANISING

Organise and manage themselves and their activities responsibly and effectively.

The organising and managing of themselves and their activities are applicable in terms of anticipating the effect of certain conduct as well as potential reactions and events and making provision for what is foreseen or anticipated. Organising and managing as actions could in itself lead to a harmful result for someone and this has to be considered in the process in plann9ing activities.

UNIT STANDARD CCFO COLLECTING

Collect, analyse, organise and critically evaluate information.

Analysis and evaluation of information is important in choosing between alternatives and in the attempts to avoid negligent results. Collection and organising of information can furthermore enable others to avoid negligence. Information in general can assist one in anticipating consequences.

UNIT STANDARD CCFO COMMUNICATING

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

Effective communication can have an impact on preventing harmful action that may otherwise be unavoidable. Ineffective communication on the other hand may in itself lead to negligent conduct resulting in harm.

UNIT STANDARD CCFO SCIENCE

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

The use of technology pose a risk of harm if not used with care. Technology should be used with due cognisance of the consequences it may have and accompanied with the required degree of care to avoid liability based on negligence.

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.

Reflected by the understanding that the consequences of choosing particular alternatives have an impact on problem solving in making choices. Further reflected by the understanding that problems can not be solved in isolation and that all circumstances of a particular case have to be taken into account.

UNIT STANDARD ASSESSOR CRITERIA

N/A

UNIT STANDARD NOTES

Terminology

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

Notes to assessors

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,

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.

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