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 Munshi Salahuddin
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.

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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 With a sole proprietorship, you When a business is registered,

do not need to fill out a it has some legal protections. A
tremendous amount of sole proprietorship provides no
paperwork, such as registering liability protection to the owner.
with your state. You may need This unlimited liability goes
to obtain a license or permit, beyond the business entity to
depending on your state and the owners themselves. It can
type of business. But less be difficult to get capital
paperwork allows you to get funding, specifically through
your business off the ground established channels.
faster. Standard funding avenues
include the ability to issue
company equity and obtain
bank loans or lines of credit.

b) Partnership Shared responsibilities, shared No separate legal entity,

capital, flexibility, and tax unlimited liability, and a limited
benefits, they also have life.
unlimited liability.

c) Company Tax rate capped at 25%, well Greater regulatory compliance,

defined governance requires a higher level of
agreements, limited liability business understanding and
and increased personal asset responsibility, limited tax
protection, unlimited lifespan. concessions.

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

Information source Reference (can be a website)

a) Local government Local government is a generic term for the lowest tiers of
governance or public administration within a particular
sovereign state. Local governments typically constitute a
subdivision of a higher-level political and/or administrative
unit, such as a nation or state.

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International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Information source Reference (can be a website)

b) State or territory For regulatory compliance information and advice relevant to

government Western Sydney, sources include government websites such
as the New South Wales Department of Customer Service,
local councils' regulatory pages, industry-specific
associations like the Australian Hotels Association NSW, and
legal firms specializing in business and regulatory law. These
sources offer guidance on various regulations, licensing
requirements, and compliance obligations pertinent to
businesses and industries operating in Western Sydney.

c) Commonwealth - Ofice of the Chief Scientist (Australia)

government departments
- Civil Aviation Safety Authority
- Clean Energy Regulator
- Climate Change Authority
- Comcare
- Commonwealth Grants Commission
- Commonwealth Reconstruction Training Scheme
- Creative Australia

d) Commonwealth The Australian Government Organisations Register (AGOR)

regulatory agencies provides information on the function, composition, origins
and other details of1,327Australian Government entities and
bodies.

e) Plain English documents Plan english presents information in a way that helps others
explaining operational to understand the message the first time they read or hear it.
requirements of Plain English can be used in a range of workplace
legislation documents including emails, reports, policies, workplace
procedures, file notes, and forms.

f) Discussions with Hospitality is a critical component of the service industry, and

experienced industry it's something that can make a big difference in the customer
personnel experience. Hospitality is about more than just providing a
bed or a meal; it's aboutcreating a welcoming and enjoyable
atmosphere that makes people feel comfortable and at
home.

g) Industry accreditation The GSTC criteria are theglobal standards for sustainable
operators travel and tourism, and Singapore was certified based on our
performance in four pillars: sustainable management,
socioeconomic sustainability, cultural sustainability and
environmental sustainability.

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International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 Information source Reference (can be a website)

h) Industry associations or Industry associations provide a collective voice for individual

organisations (at least businesses within an industry. Associations and their
two) members have obligations under the Competition and
Consumer Act 2010. Association members regularly: share
information.

i) Industry codes of conduct Codes of conduct provide a set of rules or minimum

(at least two) standards for an industry. They cover the relationship
between industry participants and with their customers.
Some codes of conduct are mandatory - that is, the industry
must follow them.

j) Industry codes of ethics Ethical coding about ensuring that these instructions do not
developers (at least two) lead to harm, injustice, or inequity. It entails following a set of
principles that guide responsible conduct in the creation and
use of software. These principles include respect for privacy,
honesty, fairness, and a commitment to doing no harm.

k) Industry journals (at least The Australian Journal of Management is an international

two) peer-reviewedjournalthat publishes research in accounting,
applied economics, finance, industrial.

l) Industry seminars The Industry Events Calendar includes activities and industry
events relevant to the Australian tourism industry. Events like
tourism awards, tradeshow and workshop.

m) Lawyers (at least two) A lawyer is a person who practices law. The role of a lawyer
varies greatly across different legal jurisdictions. A lawyer
can be classified as an advocate.

n) Libraries The National Library of Australia (NLA), formerly the

Commonwealth National Library and Commonwealth
Parliament Library, is the largest reference library in
Australia, responsible under the terms of the National Library
Act 1960 for maintaining and developing a national collection
of library material.

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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 Observation is learning through seeing and hearing others,

and experience while experience is learning by doing yourself.

p) Reference books - Author or Authors

- The surname is followed by first initials.
- Year of publication of the book (in round brackets).
- Book title (in italics).
- Edition (in round brackets), if other than first.
- Publisher

q) Training courses TAFE stands for "Technical and Further Education". TAFE
institutes are government funded Registered Training
Organisations that offer Vocational Education and Training
relating to a specific industry or occupation.

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

In Western Sydney, the regulatory authority overseeing tourism, hospitality, and

events industries is typically governed by local councils and state bodies like
Destination NSW. Their functions include licensing of hospitality venues, overseeing
event permits, promoting tourism initiatives, and ensuring compliance with safety,
health, and consumer protection regulations. They play a crucial role in fostering
tourism development, supporting local businesses, and maintaining standards to
enhance visitor experiences in the region.

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

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International College of Australia Pty Ltd T/A Western Sydney College
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 - Continuing Legal Education (CLE) Programs

• Mandatory CLE: Many jurisdictions require attorneys and other licensed

professionals to participate in regular CLE programs. These sessions cover recent
legal changes, trends, and best practices.

• Online Courses and Webinars: CLE can be accessed through various formats,
including online courses, webinars, and live workshops, making it convenient to stay
informed.

- Subscriptions to Legal Databases and Publications

• Legal Databases: Services like Westlaw, LexisNexis, and Bloomberg Law offer
comprehensive legal research tools, case law updates, and analysis of new legislation
and regulations.

• Industry Publications: Subscribing to journals, newsletters, and legal blogs provides

ongoing updates on changes in laws and licensing requirements, including expert
commentary and analysis.

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

Employees who are empowered to manage risks are more likely to act on observed
risks, report identified risks and feel confident owning risks. Learn new risk
management strategies that shift from prescriptive to empowered risk management.
There are three steps to identify legal risks:

- Step 1: Find sources of legal risk. The primary sources of legal risk are contracts,
regulations, litigation, and structural changes.

- Step 2: Recognize potential and actual risks.

- Step 3: Record risks in a risk register Legal risk management is "the process of
making and carrying out decisions that reduce the frequency and severity of legal

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International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M
 problems that prejudice the government's ability to meet its objectives successfully.

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 The legislation protects people from discrimination on the basis of
provisions for equal their individual attributes in certain areas of public life, and
employment opportunity provides redress for people who have been discriminated against.
(EEO) and harassment It also aims to eliminate, as far as possible, discrimination, sexual
harassment and victimisation.

b) Anti-trust laws (“restrictive The Act prohibits any agreement which causes, or is likely to
trade practices”), including the cause, appreciable adverse effect on competition in markets in
prohibitions on anti-cartel, India. Any such aggreement is void.
resale price maintenance and
third line forcing

c) Australian Consumer Law Objectives of Australian Consumer Law (ACL)

(ACL) especially provisions
The Australian Consumer Law (ACL) claims to:
for refunds, exchanges and
cancellations, terms and - Protect Consumers: Ensure fair trading practices and protect
conditions of quotations and consumers from misleading, deceptive, and unfair practices.
consumer contracts
- Promote Competition: Encourage fair competition by prohibiting
anti-competitive conduct and ensuring a level playing field.
- Regulate Business Conduct: Set clear rules for businesses
regarding transactions with consumers.

Primary Components
- Refunds, Exchanges, and Cancellations:
• Consumer Guarantees: Goods must be of acceptable quality, fit
for purpose, and match descriptions. Services must be provided
with due care and skill.
• Remedies: Consumers can seek refunds, repairs, or
replacements if goods or services fail to meet guarantees.
• Rights on Cancellations: Consumers can cancel contracts or
services that don't meet the guarantees or are provided under
misleading conditions.
- Terms and Conditions of Quotations and Consumer Contracts:
• Unfair Terms: Contract terms that cause a significant imbalance
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RTO: 45360 | CRICOS: 03690M
Area Objectives and primary components

in consumer rights and obligations are void.

• Transparency: Terms must be expressed in plain language, be
legible, and readily accessible.
• Quotations: Must be accurate, transparent, and inclusive of all
potential costs.
These provisions ensure consumer protection and fair business
practices in the Australian market.

d) Contract formation and Legal content isthe text of a contract that outlines all of its terms
content and conditions between participating parties. The details of a
contract's content varies greatly depending on the nature of the
agreement. Parties may heavily negotiate agreement content
before they settle on final terms.

e) Copyright law The copyright Act, 1957 protects original literary, dramatic, musical
and artistic works and cinematograph films and sound recordings
from unauthorized uses. Unlike the case with patents, copyright
protects the expressions and not the ideas.

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. It is the first element that must be established
to proceed with an action 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
Ecommerce and Social commerce .

h) Employer superannuation Employer's contribution to an approved Superannuation fund is

contributions allowed as a tax-deductible expense, subject to following:
Contribution amount up to Rs 1 lakh per annum per employee is
exempt from tax for employer. If the employer makes any
contribution beyond Rs 1 lakh such excess shall be taxable for the
employer.

i) Fair Work Act 2009, These standards set the minimum terms and conditions of
especially provisions for employment. They are in Part 2-2 of the Fair Work Act 2009. Even
National Employment if an employee is covered by an award, enterprise agreement or
Standards (NES) employment contract, those conditions cannot be any less than the
minimum in the NES.

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Area Objectives and primary components

j) Insurance, including public Public liability insurance can cover compensation claims if you're
liability and professional sued by a member of the public for injury or damage, while
indemnity insurance professional indemnity insurance can cover compensation claims if
you're sued by a client for a mistake that you make in your work.

k) Privacy law Objectives of Privacy Law in Western Sydney

- Protect Personal Information: Ensure individuals' personal data is
collected, used, and disclosed appropriately.
- Enhance Privacy Rights: Empower individuals to control their
personal information and access it when needed.

Primary Components
- Data Collection and Use:
• Consent: Personal information must be collected with consent
and for legitimate purposes.
• Transparency: Organizations must inform individuals about how
their data will be used.
- Data Security and Access:
• Protection: Implement measures to safeguard personal data.
• Rights: Individuals have the right to access and correct their
personal information.
These components ensure the respectful and secure handling of
personal data.

l) Trademark law In Western Sydney, trademark law aims to protect brand identity
and consumer trust by preventing unauthorized use of distinctive
signs. The primary components include trademark registration,
which grants exclusive rights, and enforcement measures against
infringement. It covers the use of logos, names, and slogans in
commerce, ensuring they are distinctive, non-deceptive, and not
confusingly similar to existing trademarks. The law encourages fair
competition and helps businesses build brand reputation while
providing legal recourse for trademark disputes.

m) Work health and safety Occupational health and safety encompasses the social, mental
and physical well-being of workers in all occupations. Poor working
conditions have the potential to affect a worker's health and safety.
Unhealthy or unsafe working conditions can be found anywhere,
whether the workplace is indoors or outdoors.

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Area Objectives and primary components

n) Workers’ compensation, Workers’ compensation in Western Sydney provides financial and

especially provisions for injury medical support for employees injured at work. Key objectives
reporting and occupational include ensuring timely injury reporting and facilitating occupational
rehabilitation rehabilitation to help employees return to work. Primary
components are mandatory injury reporting, prompt medical
treatment, wage replacement, and rehabilitation services.
Employers must notify insurers immediately after an injury and
support the worker's recovery through modified duties or return-to
work plans. The system aims to protect workers' rights while
minimizing disruption to employment.

o) Criminal Code Act 1995 as it Under the Criminal Code Act 1995 in Western Sydney, workers’
relates to child sex offences compensation for child sex offences outside Australia focuses on
outside Australia protecting minors and enforcing legal consequences. Key
objectives include prosecuting offenders and ensuring support for
victims. Primary components are extraterritorial jurisdiction, which
allows prosecution of Australian citizens or residents for such
offences abroad, and mandatory reporting requirements. Penalties
involve imprisonment, fines, and inclusion on sex offender
registers. The provisions aim to deter child exploitation and provide
justice regardless of where the crime occurs.

p) European Economic Directive In Western Sydney, workers’ compensation includes provisions

of Foreign Travel under the European Economic Directive of Foreign Travel for
employees injured while traveling abroad. Objectives are to
provide comprehensive coverage and ensure seamless claims for
injuries sustained overseas. Key components include mandatory
injury reporting, access to medical treatment, and compensation
for lost wages, similar to domestic provisions. Special attention is
given to coordinating with international health services and
adhering to foreign jurisdictional requirements. The aim is to offer
consistent support for workers and facilitate their recovery and
return to work, irrespective of the location of injury.

q) Food safety In Western Sydney, workers’ compensation provisions related to

food safety aim to protect employees from occupational illnesses
and injuries due to food handling. Key objectives are to ensure
workplace safety, reduce health risks, and provide support for
affected workers. Primary components include mandatory
reporting of foodborne illnesses, access to medical treatment,
compensation for lost wages, and implementation of safety
protocols. Employers must maintain proper hygiene practices,
provide safety training, and conduct regular inspections. These
measures help mitigate risks, ensure a safe working environment,
and support the recovery and return to work of affected

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International College of Australia Pty Ltd T/A Western Sydney College
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Area Objectives and primary components

employees.

r) Food Standards Australia In Western Sydney, workers' compensation provisions related to

New Zealand Act 1991 the Food Standards Australia New Zealand Act 1991 aim to protect
employees in food-related industries from work-related injuries and
illnesses. Key objectives include promoting workplace safety,
preventing occupational diseases, and providing support for
affected workers. Primary components are mandatory injury and
illness reporting, compensation for medical expenses and lost
wages, and enforcement of food safety standards. Employers must
comply with hygiene and safety regulations, provide appropriate
training, and ensure safe working conditions to prevent
contamination and exposure. These measures help maintain a
healthy work environment and support workers' recovery and
reintegration.

s) Liquor licensing, especially as Workers’ compensation aims to provide financial support and
it relates to the responsible medical benefits to employees injured at work, ensuring they can
service of alcohol recover without financial hardship. Provisions for liquor licensing,
particularly in Western Sydney, emphasize responsible service of
alcohol to minimize risks of overconsumption and related harms,
ensuring compliance with legal and safety standards.

t) Queensland Tourism Services Workers’ compensation underpins financial support and medical
Act 2003 care for employees injured at work, ensuring they recover without
financial strain. The Queensland Tourism Services Act 2003
governs tourism activities, including provisions for safety and
consumer protection, ensuring compliance with standards in
Western Sydney and beyond.

u) Residential Tenancy Act Workers’ compensation serves to support employees injured at

work with financial aid and medical benefits, ensuring their well-
being during recovery. The Residential Tenancy Act governs rental
agreements, ensuring fair treatment of tenants and landlords in
Western Sydney, including provisions for rights, responsibilities,
and dispute resolution related to residential tenancies.

v) Responsible conduct of Workers’ compensation aims to provide financial and medical

gaming regulation support to employees injured on the job, facilitating their recovery
and well-being. The Responsible Conduct of Gaming regulation in
Western Sydney ensures the fair and safe operation of gaming
venues, promoting responsible gambling practices and compliance
with legal standards to mitigate potential harms associated with
gambling activities.

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International College of Australia Pty Ltd T/A Western Sydney College
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 THE END.

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International College of Australia Pty Ltd T/A Western Sydney College
RTO: 45360 | CRICOS: 03690M