BSBMKG520 Marketing Legislative Framework Assignment Brief

Marketing Legislative Framework Assignment Brief

BSBMKG520 Marketing Legislative Framework Assignment Brief

 Application

This unit describes the skills and knowledge required to comply with the legislative structure of the marketing industry and use this for competitive advantage.
It applies to individuals who work across a variety of industries and who possess a sound theoretical knowledge base, and demonstrate a range of managerial skills to ensure business activities are conducted legally and effectively.
A sound working knowledge of the legal environment in which marketing decisions are made is essential to protect a business from litigation, and individuals in these roles must competently discuss legal issues with specialists, but do not make legal decisions independently.
An in-depth understanding of the legislative operating environment also informs the development of marketing strategy.
No licensing, legislative or certification requirements apply to this unit at the time of publication.

How to Conduct these Assessments

It is important that prior to conducting this assessment, the assessor undertakes the following:

Prior to conducting the assessment

  • Read the assessment task as detailed throughout this document
  • Contextualise the task (and checklist) to ensure it reflects the students working environment. (Be sure to check with the mapping document to ensure any contextualisation still covers the unit requirements)
  • Read the assessor instructions and checklist prior to commencing the assessment
  • Ensure the workplace (or simulated environment) is suitable for the parameters of the task, to ensure the students will have an appropriate opportunity to demonstrates their skills
  • Make suitable modifications to the workplace if required to allow all tasks to be observed

Conducting the assessment

  • Establish and oversee the evidence gathering process to ensure remains valid, reliable, fair and flexible
  • Advise the student when to commence the assessment
  • Observe the student undertake the tasks as outlined
  • Record your observations in the assessor checklist
  • Where a checklist point is not observed due to an inappropriate environment, or for a reason outside the students control, modify the scenario to allow the student an opportunity to perform the associated task
  • Where a checklist point is not appropriate, write "N/A" in the space provided
  • Gather supporting documentation where available and appropriate (as evidence)
  • Incorporate allowable adjustments to the assessment procedure without compromising the integrity of the assessment
  • Do not interfere with the assessment unless the students actions impose a risk to themselves or anyone else
  • If a student performs an action incorrectly, mark it as such. Record what you see, not what you want to see.
  • Once the assessment is complete, advise the student that the assessment has ceased, and record your comments in the sections provided

Making the decision

  • The student needs to be deemed satisfactory in the full unit to gain competency.
  • If you are in doubt, gather further evidence to help guide your decision.
  • Assess the students on what you see during the assessment period, not on actions before or after the assessment.
  • Use both the checklist and your professional competency to determine the final outcome for the student.
  • If you are marking the student NYC, ensure you outline why you have made this decision, and provide advice on how the student can improve their skills / knowledge prior to reassessment.

After the assessment

  • Provide constructive feedback to the student on their performance during the assessment period. Do not make any comments on actions undertaken prior or after the assessment period.
  • Provide the student with:
    • Clear and constructive feedback based on the assessment decision
    • Information on ways of overcoming any identified gaps in competency revealed by the assessment the opportunity to discuss the assessment process and outcome information on reassessment and the appeals processes.
    • An opportunity for reassessment if appropriate or requested by the candidate
    • Information on appeal process as applicable to your organisation
  • Where the students performance is deemed satisfactory, provide the student with a copy of the completed checklist, ensuring the comments section is completed.
  • Where the students performance is deemed not-satisfactory - provide a copy of the comments /feedback, but not the checklist. This is to ensure the assessment remains valid on re-assessment.
  • Record and report the assessment outcome as per WIT’s procedures

Assessment 1 – Student Information

This information is to be handed to each student to outline the assessment requirements.For this assessment, you are required to refer to an actual business, product or service. You may wish to refer to the marketing plan you developed in BSBMKG609 – Develop a marketing plan.
Using a business, product or service of your choice, you are to identify and interpret the legislative framework relating to the marketing of that business, product or service.

This should be written in report form and should include the following as a minimum:

  • Identify and locate current information about legislation as it relates to marketingdecision making in the industry context
  • Identify codes of practice as they relate to marketing, and analyse their implications for the industry context
  • Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process
  • Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context
  • Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program

In order to be deemed competent in this assessment, you must provide evidence of your ability to:

  • locate legislation and codes of practice relating to marketing
  • identify and apply legislation and codes of practice to marketing relevant to your chosen business, product or service
  • interpret how legislation around marketing could impact on the business
  • identify opportunities to use the legislative framework for competitive advantage

Assessment 1 – Assessor Instructions

These instructions must be followed when assessing the student in this unit. The checklist on the following page is to be completed for each student.  Please refer to separate mapping document for specific details relating to alignment of this task to the unit requirements.

Students have been provided with the following information:

For this assessment, you are required to refer to an actual business, product or service. You may wish to refer to the marketing planning you developed in BSBMKG609 – Develop a marketing plan.

Using a business, product or service of your choice, you are to identify and interpret the legislative framework relating to the marketing of that business, product or service.
This should be written in report form and should include the following as a minimum:

  • Identify and locate current information about legislation as it relates to marketing decision making in the industry context
  • Identify codes of practice as they relate to marketing, and analyse their implications for the industry context
  • Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process
  • Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context
  • Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program

In order to be deemed competent in this assessment, you must provide evidence of your ability to:

  • locate legislation and codes of practice relating to marketing
  • identify and apply legislation and codes of practice to marketing relevant to your chosen business, product or service
  • interpret how legislation around marketing could impact on the business
  • identify opportunities to use the legislative framework for competitive advantage

The report must be done on MS word. When you have completed the report it must be printed and submitted along with this assessment and other projects.

Notes to assessor: Each students report will vary depending on their choice of business, product or service on which they base it upon.

The report should cover:

  • relevant legislation
  • relevant codes of practice
  • an analysis on how legislation relating to marketing can protect and assist the trader, consumer and competitive process
  • sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context
  • the benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program

This project will be undertaken in the following format:

1.   Classroom / Simulated environment. These assessments must

  • As outlined in the TAE10 Training Package Glossary, “”Simulation is a form of evidence gathering that involves the candidate in completing or dealing with a task, activity or problem in an off-the-job situation that replicates the workplace context. Simulations vary from recreating realistic workplace situations such as in the use of flight simulators, through the creation of role plays based on workplace scenarios to the reconstruction of a business situation on a spreadsheet. In developing simulations, the emphasis is not so much on reproducing the external circumstance but on creating situations in which candidates are able to demonstrate:
    • technical skills
    • underpinning knowledge
    • generic skills such as decision making and problem solving iv.   workplace practices such as effective communication.”
  • If role plays are required, the assessor must ensure all ‘actors’ or ‘participants’ perform in a professional manner - reflecting an actual workplace. Participants are to be informed of their expected involvement.
  • If a simulated workplace is used, it must allow for distractions such as background noises, ringing telephones, interruptions - etc.
  • Each student must dress appropriately and professionally in line with workplace standards.
  • Relating their project to their current or preferred vocational direction.
  • Business models should be as realistic as possible, and documentation provided to the student should be as close as possible to what they would need to disseminate in a real work environment.
  • Use the RTO as a base business OR the business structure (opportunity) as outlined below

For each assessment, you are to act as a supervisor and not interfere with the assessment. In the event that the assessment is activities will impact on the safety of a student or bystander, the assessment must be stopped immediately

Assessment 2 – Student Information

This information is to be handed to each student to outline the assessment requirements.

Part A:

For this assessment, you are to work in groups of 3-4 students. Each student must have completed assessment 1 which will be used to conduct a marketing compliance audit within each group.
In your groups, you are to look at each student’s report which was developed in assessment 1 above and make recommendations on each report to address any identified gaps.
Students must also identify possible implications of non-compliance and use them to recommend changes to practice
The gaps identified and possible implications of non-compliance must be discussed within the group and recorded in minutes of the meeting.

Part B:
For this assessment, you are to remain in groups of 3-4 students.Each group must work together to design a training program to educate staff (the other groups in the class) on compliance relating to marketing. The issues identified in Part A can be used as your basis for the training.
In order to be deemed competent in this assessment, you must provide evidence of your ability to:

  • promote a culture of compliance within the legislative framework relating to marketing
  • locate legislation and codes of practice relating to marketing
  • participate in a compliance audit
  • design training programs that are suitable for a range of people with different learning styles
  • literacy skills to produce complex reports and recommendations around compliance
  • ?present a training program to educate staff on marketing compliance
  • train staff on compliance

Assessment 2 – Assessor Instructions

These instructions must be followed when assessing the student in this unit. The checklist on the following page is to be completed for each student.  Please refer to separate mapping document for specific details relating to alignment of this task to the unit requirements.
Students have been provided with the following information:

Part A:
For this assessment, you are to work in groups of 3-4 students. Each student must have completed assessment 1 which will be used to conduct a marketing compliance audit within each group.
In your groups, you are to look at each student’s report which was developed in assessment 1 above and make recommendations on each report to address any identified gaps.
Students must also identify possible implications of non-compliance and use them to recommend changes to practice
The gaps identified and possible implications of non-compliance must be discussed within the group and recorded in minutes of the meeting.

Part B:
For this assessment, you are to remain in your groups of 3-4 students. Each group must work together to design a training program to educate staff (the other groups in the class) on compliance relating to marketing. The issues identified in Part A can be used as your basis for the training.
In order to be deemed competent in this assessment, you must provide evidence of your ability to:

  • promote a culture of compliance within the legislative framework relating to marketing
  • locate legislation and codes of practice relating to marketing
  • participate in a compliance audit
  • design training programs that are suitable for a range of people with different learning styles
  • literacy skills to produce complex reports and recommendations around compliance
  • present a training program to educate staff on marketing compliance
  • train staff on compliance

Notes to the assessor:

  • Please ensure each student in each group attaches a copy of the minutes to their assessment
  • Please ensure each student in each group attaches a copy of the training program to their assessment
  • You must view each group delivering their training program to the class

Assessment 3 – Student Information

This information is to be handed to each student to outline the assessment requirements. Using the same business, product or service which you chose for assessment 1, you are required to develop a strategy to use the legislative framework relating to marketing for competitive advantage.
The strategy must include the following:

  • How you identified and analysed a range of methods to protect the organisation's products and services being marketed against intellectual property breaches
  • recommendations on strategies for protection of intellectual property rights
  • evidence of how this will be presented to key stakeholders
  • recommendations to implement systems to identify intellectual property infringement by third parties
  • remedies for own and other organisations' breaches of marketing legislation which could have an impact on the organisation
  • Access and effectively use others' intellectual property within legal guidelines for business advantage

In order to be deemed competent in this assessment, you must provide evidence of your ability to develop strategies which use the legislative framework for competitive advantage.

Assessment 3 – Assessor Instructions

These instructions must be followed when assessing the student in this unit. The checklist on the following page is to be completed for each student.  Please refer to separate mapping document for specific details relating to alignment of this task to the unit requirements.
Students have been provided with the following information: Using the same business, product or service which you chose for assessment 1, you are required to develop a strategy to use the legislative framework relating to marketing for competitive advantage.

The strategy must include the following:

  • How you identified and analysed a range of methods to protect the organisation's products and services being marketed against intellectual property breaches
  • recommendations on strategies for protection of intellectual property rights
  • evidence of how this will be presented to key stakeholders
  • recommendations to implement systems to identify intellectual property infringement by third parties
  • remedies for own and other organisations' breaches of marketing legislation which could have an impact on the organisation
  • Access and effectively use others' intellectual property within legal guidelines for business advantage

In order to be deemed competent in this assessment, you must provide evidence of your ability to develop strategies which use the legislative framework for competitive advantage.
Notes to assessor: Each student’s strategy will vary depending on their choice of business, product or service on which they base it upon.
The strategy should cover:

  • How they identified and analysed a range of methods to protect their organisation's products and services being marketed against intellectual property breaches
  • recommendations on strategies for protection of intellectual property rights
  • evidence of how this will be presented to key stakeholders e.g. sample of the presentation
  • recommendations to implement systems to identify intellectual property infringement by third parties
  • remedies for their own and other organisations' breaches of marketing legislation which could have an impact on the organisation
  • Evidence of accessing and effectively using others' intellectual property within legal guidelines for business advantage

Assessment 4 –Assessor Instructions

  • Set a date for this written assessment.
  • Advise students of the topic and how the assessment will be marked.
  • Set up room with a gap between each student (staggered formation recommended)
  • Set ground rules including no phones, talking, books, etc.
  • Pass a copy of the assessment to each student (Ensure the answers have been deleted from the students copy)
  • Allow time for reading and questions before commencing assessment.
  • Once assessment has commenced, no communication between students is allowed.
  • If students repeatedly talk, or are caught cheating, they are to be removed from the classroom, and reported to student administration. Mark the assessment tasks as “incomplete”
  • Remember – assessments are a participatory process, so you can help re-word questions, but be careful not to lead. We are assessing the students, not you!
  • Once completed, mark the assessment accordingly. Refer to the sample answers as direction on expected student responses
  • In the event that a question is not answered correctly, discuss the response with the candidate to determine if the student did not know the answer, or did not understand the question.
  • In order to achieve competency, all questions that are mapped in the associated mapping document MUST be answered correctly.