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Assessment Tasks and Instructions

What will be assessed

The purpose of this assessment is to assess your underpinning knowledge to complete the tasks outlined in the elements and performance criteria for this unit of competency and relate to the following aspects:

• legal responsibilities and liabilities of managers and directors in varying business structures

• sources of information and advice on regulatory compliance:

o local, state, territory, or commonwealth government departments or regulatory agencies

o industry associations

o plain English documentation that explains the operational requirements of legislation

o computer data

o the internet

o discussions with experienced industry personnel

o industry:

•  accreditation operators
•  associations and organizations
•  developers of codes of conduct or ethics
•  journals
•  seminars

o lawyers

o networking with:

•  colleagues
•  suppliers

o libraries

o media

o personal observations and experience

o reference books

o training courses o unions

• functions and general operating procedures of regulatory authorities of particular relevance to the tourism, hospitality, and events industries

• methods of receiving updated information on laws and licensing requirements

• use of policies and procedures in managing regulatory compliance

• formats for and inclusions in policies and procedures

• objectives and primary components of local, state, territory, and commonwealth government laws to which all types of businesses must comply and that cover:

• o anti-discrimination, especially provisions for an equal employment opportunity (EEO) and harassment
• o Australian Consumer Law (ACL) especially provisions for refunds, exchanges and cancellations, terms and conditions of quotations, and consumer contracts
• o contracts
• o employer superannuation contributions
• o environmental protection especially provisions for environmental hazard identification, use of minimal impact practices, and reporting of incidents
• o Fair Work Act 2009, especially provisions for National Employment Standards (NES)
• o local community protection, especially provisions for land management and access and protecting the lifestyle of neighboring residents

• taxation

  o workplace relations

  o public liability and duty of care

  o work health and safety

  o workers’ compensation, especially provisions for injury reporting and occupational rehabilitation

  • objectives and primary components of laws, codes, standards, and licensing requirements that impact on specific operators in the tourism, hospitality, and event industries; chosen to be applicable to the individual’s context:

  o Copyright Act 1968

  o Criminal Code Act 1995 as it relates to child sex offenses outside Australia

  o European Economic Directive of Foreign Travel

  o food safety

  o Food Standards Australia New Zealand Act 1991

  o liquor licensing, especially as it relates to the responsible service of alcohol

  o Privacy Act 1988

  o Queensland Tourism Services Act 2003

  o Residential Tenancy Act

  o responsible conduct of gaming regulation

  • for each relevant law, code, standard and licensing requirement, the depth of knowledge must cover:

  o key practices that are prohibited by the law

  o auditing and inspection regimes

  o main consequences of non-compliance

  o need to apply for and maintain business or occupational licensing and associated mandatory training and certification requirements

  o requirements for record-keeping and acceptable record-keeping mechanisms

  o statutory reporting requirements for businesses

  o key business insurances required

  o adherence to mandatory codes of conduct enshrined in legislation

  o requirements to develop and implement plans, policies, codes of conduct or incorporate certain business practices

  o rights and responsibilities of employees and employers

  o other specific action that must be taken for legal compliance

  • opportunities to maintain knowledge of regulatory requirements:

  o discussions with experienced industry personnel

  o networking with colleagues and/or suppliers

  o participating in industry accreditation schemes

  o participating in industry seminars

  o membership of professional industry associations

  o participating in training courses

  o subscribing to regulatory newsletters.