NPPE flashcards
NPPE · Build recall with a focused review session.
32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Public interest primacy
- The principle that where professional duties to a client conflict with duties to protect public safety, health, or welfare, the public interest prevails and must be served first.
- Conflict of interest
- A situation in which a personal, financial, or other interest could improperly influence professional judgment. It must be disclosed and, where material, avoided or managed.
- Confidentiality exceptions
- Confidentiality may be breached where required by law or court order, where the client consents, or where disclosure is necessary to prevent imminent serious harm.
- Competence boundary
- The limit of a professional's demonstrated knowledge and skill. Work outside it must be declined or referred to a suitably qualified specialist rather than attempted without support.
- Whistleblowing threshold
- Disclosure of wrongdoing outside normal channels is justified where a serious public interest is at risk and internal reporting has failed or is unsafe.
- Integrity in error
- The ethical duty to disclose and correct one's own mistakes promptly to affected parties, rather than concealing them or shifting responsibility to others.
- Code of ethics vs conduct
- A code of ethics sets aspirational principles guiding judgment; a code of conduct sets enforceable minimum standards of behaviour with defined consequences for breach.
- Gift acceptance test
- Gifts or hospitality should be declined or disclosed where a reasonable observer could see them as intended to influence professional judgment or create obligation.
- Contract formation elements
- A binding contract requires an offer, acceptance, consideration, an intention to create legal relations, and capacity of the parties to contract.
- Negligence elements
- A negligence claim requires a duty of care owed, breach of the applicable standard, causation of loss by that breach, and loss that is not too remote.
- Professional standard of care
- The standard is that of a reasonably competent peer of ordinary skill in the same field, not the highest attainable standard or that of an exceptional expert.
- Limitation period
- A statutory time limit within which a claim must be brought, running from the act complained of or from the date the loss was discovered.
- Force majeure clause
- A contractual provision that excuses or suspends performance when specified events beyond a party's control occur, such as natural disaster or government action.
- Apparent authority
- Authority that a principal's words or conduct lead a reasonable third party to believe an agent possesses, binding the principal even without actual authority.
- Legal advice privilege
- Protection from disclosure of confidential communications between a client and lawyer made for the purpose of obtaining or giving legal advice.
- Counter-offer effect
- A counter-offer rejects the original offer and terminates it, so the original offer can no longer be accepted unless the offeror revives it.
- Natural justice
- The right to notice of the case against you, a fair opportunity to respond, and a decision made by an unbiased decision-maker.
- Ultra vires
- An act beyond the legal authority of a body. Decisions or actions taken beyond statutory or constitutional power are invalid and may be set aside.
- Delegation validity
- A statutory power may be delegated only where the enabling statute permits it; unauthorised sub-delegation is invalid and any decision made under it is void.
- Board duty of loyalty
- Directors must act in the organisation's best interests, declare conflicts of interest, and abstain from decisions in which they have a personal stake.
- Judicial review grounds
- Courts review regulatory decisions for error of law, procedural unfairness, and unreasonableness. They do not generally re-decide the merits of the evidence.
- Regulatory independence
- The regulator makes decisions free from direction by the regulated industry and, in individual cases, by the executive, so that decisions are impartial.
- Licensing requirements
- Typical entry-to-practice conditions include qualification checks, registration, continuing competence requirements, and a complaints and discipline process with appeal rights.
- Board vs management roles
- The board sets strategy, appoints executives, and monitors performance and risk; management executes operations and reports to the board.
- Risk treatment options
- Responses to an identified risk are to avoid it, reduce its likelihood or impact, transfer it (for example by insurance), or accept it with monitoring.
- Project constraints
- Scope, time, cost, and quality are interdependent. A change to one constraint requires compensating adjustment in at least one of the others.
- RACI matrix
- A responsibility chart assigning each task one Accountable party, plus Responsible doers, Consulted advisers, and Informed recipients. Multiple Accountable parties create ambiguity.
- Active listening
- A communication technique of attending fully, reflecting back what was heard, asking clarifying questions, and summarising to confirm shared understanding.
- Thomas-Kilmann modes
- Five conflict-handling modes: competing, collaborating, compromising, avoiding, and accommodating. Collaborating seeks a solution satisfying both parties' concerns.
- Constructive feedback
- Feedback that is specific, timely, and focused on observed behaviour and its impact, rather than on the person's character or unstated assumptions.
- Plan-do-check-act
- A continuous improvement cycle: plan the change, do it on a small scale, check results against expectations, and act to standardise or correct.
- Change management enablers
- Successful change requires a clear case for change, visible leadership sponsorship, stakeholder engagement, and reinforcement so new behaviour persists.