Assessment Task 1: Knowledge Questions

Course SIT50422 Diploma of Hospitality Management

Unit Code & Name SITXGLC002 Identify and Manage Legal Risks and Comply with
law.
Assessor Name Ms. Shirina Sultana
Student Name YOHANES
Student Signature

Assessment Task 1: Instructions

Knowledge questions are designed to help you demonstrate the knowledge which you have
acquired during the learning phase of this unit. Ensure that you:

 review the advice to students regarding answering knowledge questions in the

Hospitality Works Student User Guide

 comply with the due date for assessment which your assessor will provide

 adhere with your RTO’s submission guidelines

 answer all questions completely and correctly

 submit work which is original and, where necessary, properly referenced

 submit a completed cover sheet with your work

 avoid sharing your answers with other students.

i Assessment information

Information about how you should complete this assessment can be found in Appendix A of
the Hospitality Works Student User Guide. Refer to the appendix for information on:

 where this task should be completed

 the maximum time allowed for completing this assessment task

 whether or not this task is open-book.

 Note: You must complete and submit an assessment cover sheet with your work. A
template is provided in Appendix B of the Student User Guide. However, if your RTO has
provided you with an assessment cover sheet, please ensure that you use that.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 1
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
Assessment Task 1: Knowledge Questions
Provide answers to all of the questions below.

1. Briefly describe one legal advantage or benefit and one disadvantage or risk of each of
the following business structures.

Business Legal advantages/benefits Legal disadvantages/risks

structure

a) Sole trader Gives you full control of your - You have unlimited liability for
assets and business decisions. debts as there's no legal
requires fewer reporting distinction between private and
requirements and is generally a business assets.
low-cost structure. allows you to
- Your capacity to raise capital is
use your individual tax file
limited.
number (TFN) to lodge tax
returns. - All the responsibility for making
day-to-day business decisions is
yours.
- Retaining high-calibre
employees can be difficult.

b) Partnership Easy to set up business and The individuals in the

maintain business legal partnership are personally
requirements. Less legal and responsible for all legal
tax requirements and minimal requirements. Those in
reporting requirements. Not partnership need to have an
financial liable for debts. agreement on roles and
responsibilities that takes time
and can be expensive.

c) Company Personal liability protection, - The company can be

business security and continuity, expensivee to establish,
and easier access to capital. maintain and wind up.
- The reporting requirements
can be complex.
- Your financial affairs are
public.
- If directors fail to meet their
legal obligations, they may be
held personally liable for the
company's debts.

2. Reference sources of regulatory compliance information and advice, relevant for the area
where your RTO campus is, for each of the following:

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 2
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Information source Reference (can be a website)

a) Local government Washington, A.C. And in 2001, Dollery, B.E. Assessing

performance for the domestic waste management role of
local government. Journal of Policy Research, 29(2), pp.232-
249.

b) State or territory - Burrets, R. And then Monroe, G., 2011. Local government.
government
- Environmental management accounting. Journal on
Accounting,
- Auditing & Transparency.

c) Commonwealth - Dollery, B., 2004. Measuring performance in Australian

government departments local.
- Government: The case of municipal water systems in New
South Wales. Policy Research Review, 21(5), pp.615- 636

d) Commonwealth Australian Institute of Health and Welfare (2006), Cutting the

regulatory agencies Red Tape: Preliminary Paper detailing the problem of
multiple entry and reporting by service providers, November.

e) Plain English documents Mark, S., 2009. Legislating the ethical leadership of law
explaining operational firms: an objective review of an advancement in the
requirements of governance of the legal industry in New South Wales. Law
legislation and Society Journal, 37(3), pp.466-500.

f) Discussions with Handmer, J., from 1992. Financial policy design: policies that
experienced industry are constructive or dissuasive. Public Administration
personnel Periodical of Australia, 51(1), pp.43-53.

g) Industry accreditation Guillaume, P., 2002. Green Globe: Tourism Sustainability

operators Accreditation. A Global Perspective; Harris, R., Griffin, T.,
Williams, P., Eds, pp. 58-88

h) Industry associations or - Seamer, M. Seamer, 2002. Environmental monitoring and

organisations (at least business practices are adopted: an overview of public sector
two) agencies in New South Wales. Financial Accountability &
Management, 18(2), pp. 103- 127
- Baron, D. P. (2006). Business and Its Environment, 5th

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 3
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Information source Reference (can be a website)

edition. New Jersey: Prentice Hall.

i) Industry codes of conduct - Krenzler and T. And Saarland, R., 1999. A study of the
(at least two) Australian protection laws and compliance strategies.
Journal on Security, 12(3), pp.7-17.
- Preuss, L. (2010). Codes of conduct in organisational
context: From cascade to lattice-work of codes. Journal of
Business Ethics, 94(4), 471–487.

j) Industry codes of ethics - G. Wood, G. Svensson. And Callaghan, M. A phylogenetic

developers (at least two) analysis of the nature of the Australian, Canadian and
Swedish business ethics code. World Business Journal:
40(1), pp.91-109.
- Petersen, L. E., & Krings, F. (2009). Are ethical codes of
conduct toothless tigers for dealing with employment
discrimination? Journal of Business Ethics, 85(4), 501–514.

k) Industry journals (at least - Adams,— S. And Simnett, R., as of 2011. Incorporated
two) Publicizing: A chance for a non- profit industry in Australia.
Australian Analysis of Accounts, 21(3), pp.292-301
- Krueger, A. (1974). The Political Economy of the Rent-
Seeking Society. American Economic Review, 64(3), 291-
303.

l) Industry seminars - Frost, R.G. Seamer, and M., 2002. Approval in remote
sensing and best practises: An overview by public sector
entities in New South Wales. Financial Administration &
Organisation, 18(2), pp. 103- 127.

m) Lawyers (at least two) - Parker, C., year 2000. Regulatory System Ethics:
Independence or Cooperation? Business ethics survey,
28(4), pp.339-351.
- Marquis, C., Glynn, M. A., & Davis, G. F. (2007).
Community isomorphism and corporate social action.
Academy of Management Review, 32(3), 925-945.

n) Libraries - Chen, N.K. And Lin, P.C., July 2011 ... Knowledge
recognition in the training of students of university libraries.
In proceedings on Aslib. Emerald Publishing Company
Limited

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 4
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Information source Reference (can be a website)

o) Personal observations - Jamieson, R., 2010-2010. Control Circuits: A Analysis in

and experience Mandatory Conformity to a "De Jure" Level of Computer
Technology Protection in a Government Organization. MIS
per cent, pp.463-486.

p) Reference books - Rogers,— K. Ralph, T.J. Eds., 2010. Know more ...
Floodplain wetland biota: precipitation and ecosystem criteria
in the Murray-Darling System. PUBLISHING With CSIRO

q) Training courses In 2006, Bloustein, G.F. Community pharmacists in Australia:

- Challenges to providing additional and alternate drugs with
knowledge. Environment and Research in Pharmacy, 28(6),
pp.366-373.

3. Describe the regulatory authority and its function relevant for tourism, hospitality and
events industries in the area where your RTO’s campus is.

Regulatory authority in accordance with Tourism is a corporate entity that is endowed

with the responsibility of developing regulations standards and directives that are
essential in ensuring an all-round quality service delivery in the tourism industry.
• Functions of the regulatory authority
- Formulating guidelines and outlining measures for a sustainable tourism all over the
state.
- Control tourism events and services throughout the nation in respect to the national
tourism strategies.
- Formulate and implement a code of ethics for the tourism industry
- To register, issue licenses and grade all sustainable tourism and other activities related
to tourism and services like private residences dealing with guest house services and
cottages.
- Safeguard the development and administering of a high quality tourism industry.
- Set up and regulate, in conjunction with the Ministry in being accountable for the issues
relating to tourism, education and hospitality curriculum examination and certification.

• The general operating procedures for tourism, hospitality and events industries:
- To facilitate appropriate entertainment performance and standard guidelines in
performance, there must be set procedures which include:
➢There shall be a legal and binding agreement between the entertainment host and
provider for the entertainment service.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 5
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 ➢There should exist a truthful and ethical conduct comprising of ethical engagement in
the event of conflict of interest between individual and professional relationships.
➢The production team shall offer Technical Rider and an Even Production checklist.
➢The entertainment provider shall ascertain that all props, apparatus, and costumes are
well labelled and technical components are organized accurately as per the ground
plans, notes and setting lists.
➢The entertainment firm shall make sure that there is a complete security and
management of the whole entertainment venue.
➢The entertainment firm shall offer appropriate sound absorbing insulation to reduce
noise pollution affecting neighbouring properties or public rights in relation with NEMA
directives.

4. Outline at least two methods of updating your information and knowledge on relevant
laws and licensing requirements.

If you struggle to meet with the regulatory requirements, risks above pure penalties can
be opened up. Of example, there are security laws to guard against violation of records,
monetary rules protect towards theft and safety rules to safeguard employees. Below are
a few ways to keep the business consistent with the changing circumstances:

➢ Monitor sites regularly for updated guidelines: It is a practice to visit sites regularly
which publish updated quality standards. Medicaid and Medicaid Services (CMS), the
Labour Department and OSHA pages offer a good lot of resources and regular updates
on the principles of behaviour.

➢ Identify an auditor: Allow appointing a specific officer to deal with enforcement issues
for your company. as well at least appoint an official with whom the applicable rules are
constantly modified.

➢ Informative for clear guidelines: Notify customers of the new legal provisions and
clarify that complying with the law is not voluntary and that cooperation with legislation is
in the mutual interest.

5. Describe the strategies for managing legal risks and ensuring that a company complies
with their legal responsibilities.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 6
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Policies and procedures form an important element of any company. We offer guidelines
for policy making and optimise business processes, maintaining enforcement with laws.
Policies and procedures for day-to-day activities that provide a clear roadmap. They
maintain consistency with laws and rules, include management advice, and reduce
internal processes. Even so, if your workers do not obey them, policies and practices
won't do the company harm.

The idea of following the rules does not always please employees. Yet enforcing
strategies does not just mean pressuring workers to do something they don't want to do
randomly. Your organisation can allow more effective use of time and resources as your
workers obey policies and procedures. As an entity, you can develop and change your
lifestyle.

Decency in behaviour also extends uniquely to workers. You know what your superiors
and colleagues are accountable for, what they anticipate and what they can do. This
gives them confidence and success in their work.

It is beneficial for staff and the entire organisation to follow policy and procedures.

➢ Better quality service: Employees are doing their job correctly by offering reliable
customer services because they follow procedures. This increases the value of the
goods and services of your organisation. In turn, it enhances the reputation of your
company. Workers should recognise that they fulfil their duties and are passionate about
their work.

➢ A healthier workforce: It is less likely that injuries and events may occur in your office
as you obey policies and procedures. It decreases the institution's risk costs and
prevents business outages. Your staff will feel safe and comfortable at job, because
they're mindful of the long term interest of their bosses and colleagues. You can be
certain when anything occurs, you will be taken care of.

6. Describe the objectives and primary components of laws, relevant for the area where
your RTO campus is, for each of the following:

Area Objectives and primary components

a) Anti-discrimination, especially Its main objective is to stop the discrimination on the basis of
provisions for equal colour, nationality, and the disability on the workplace. It also
employment opportunity entitles the employee to seek the equal wages. It empowers the
(EEO) and harassment female employees to seek the equal compensation as their male
counterparts. It also includes the aboriginal and torres strait
islanders to have an equal job opportunity. It also focusses on that
any employers must hire a disabled person to give them equal
opportunity.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 7
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
Area Objectives and primary components

b) Anti-trust laws (“restrictive Anti-trust laws are part of the Competition and Consumer Act
trade practices”), including the 2010. This law ensures that business compete fairly. It covers
prohibitions on anti-cartel, areas such as:
resale price maintenance and
- Anti-competitive conduct (behaviours that decreases competition
third line forcing
in the market)
- Cartels (agreements with competitor to price fix, rig bids, inflating
prices, reduce choice and steal from customers)
- Collective bargaining and collective boycotts
- Exclusive dealing
- Minimum resale prices (reducing the selling price further that the
recommended supplier price)
- Misuse of market power
- Refusal to supply products or services.

c) Australian Consumer Law - It protects the customers interest and provide them with a right to
(ACL) especially provisions sue. If our restaurant does not provide the promised product or
for refunds, exchanges and overcharge the
cancellations, terms and
- Customer they can apply for compensation in the court.
conditions of quotations and
consumer contracts

d) Contract formation and Contract is a legal binding document signed between 2 parties. It
content could be among employees or with the third party. Every business
should honour the contract by delivering the promised goods
otherwise it could lead to criminal offence.

e) Copyright law Contract is a legal binding document signed between 2 parties. It

could be among employees or with the third party. Every business
should honour the contract by delivering the promised goods
otherwise it could lead to criminal offence.

f) Duty of care and negligence In tort law, a duty of care is a legal obligation that is imposed on an
individual, requiring adherence to a standard of reasonable care to
avoid careless acts that could foreseeably harm others, and lead to
claim in negligence.

g) E-commerce and social media Social commerce is a subset of electronic commerce that involves
social media and online media that supports social interaction
whereas, ecommerce means buying and selling goods, products,
or services over the internet. This is the difference between

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 8
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
Area Objectives and primary components

Ecommerce and Social commerce.

h) Employer superannuation - Every employer have to pay a certain amount of money to its
contributions employee the super account

i) Fair Work Act 2009, - Equal work opportunity with fair minimum wage. Fair wok
especially provisions for ombudsman states the salary according to the age group and
National Employment every business must follow the rule.
Standards (NES)

j) Insurance, including public Objective:

liability and professional
➢ Include broad protection for work-related accidents
indemnity insurance
➢ To provide substantial income loss insurance
Primary components
➢ Health
➢ Insurance

k) Privacy law Objective:

➢ Encourage and maintain public privacy
➢ Governing Australian government agencies and organisations
Primary components:
➢ Personal data
➢ Stocking

l) Trademark law Objective:

➢ Infrastructure development
➢ stability of costs
Primary components:
➢ Taxes on education
➢ Taxes on municipalities

m) Work health and safety Objective:

➢ Protecting workers
➢ health and safety

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 9
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
Area Objectives and primary components

Primary components:
➢ Secure machinery
➢ Secure works programme

n) Workers’ compensation, Objective:

especially provisions for injury
➢ Insurance that can offer you an important safety net if you
reporting and occupational become injured or ill because of work.
rehabilitation
Primary components:
➢ Cover some of your wages while you recover away from work.
➢Cover medical and hospital costs, as well as other rehabilitation
treatments.

o) Criminal Code Act 1995 as it Objective:

relates to child sex offences
➢ The prosecution does not have to prove that the underlying
outside Australia
offence you are alleged to have engaged in was the same on each
occasion nor is it required to prove the precise dates or
circumstances of the occasions on which the conduct is alleged to
have occurred.
Primary compponents:
➢ Specify with reasonable particularity the period during which the
conduct is alleged to have occurred,
➢ Describe the nature of each separate underlying offence, and
➢ Satisfy all members of the jury that the conduct occurred on at
least two of the same occasions.

p) European Economic Directive ➢ Protects European travellers' rights when booking package
of Foreign Travel vacations, such as cancellation, liability, repatriation, and refunds It
applies to both European and foreign traders who sell travel
packages to European tourists, whether directly or through a
retailer.

q) Food safety Specifies the maximum allowable level of a microbiological hazard

in a food commodity at the time of consumption and is based on a
management decision about the hazard's acceptable risk.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 10
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
Area Objectives and primary components

r) Food Standards Australia Safeguard public health and safety provide enough food
New Zealand Act 1991 information to help consumers make informed decisions and to
prevent fraud and deception Avoid misleading and deceptive
behaviour.

s) Liquor licensing, especially as To reduce the harm associated with the sale and consumption of
it relates to the responsible alcohol by licencing and regulating how the premises operate.
service of alcohol

t) Queensland Tourism Services - Guidance services.

Act 2003
- Food (other than that included in their accommodation).
- Tourism-related activities.
- Interpretation and translation.

u) Residential Tenancy Act Establish a standard residential tenancy agreement that gives
landlords and tenants rights and obligations The Act empowers the
NSW Civil and Administrative Tribunal (NCAT) to hear and resolve
residential tenancy disputes, including bond disputes.

v) Responsible conduct of Helps to promote safety (harm minimisation) in gaming

gaming regulation establishments, including how to recognise gambling problems and
addiction Problem gambling is one of the topics covered in the
RCG course.

THE END.

WSC-DHMASS-SITXGLC002-V3-10.10.23 Page | 11
International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M