Tourism and Hospitality Law Requirements

This assignment delves into the legal framework governing Australian tourism and hospitality businesses. It outlines the National Employment Standards (NES) impacting staff recruitment and working conditions, emphasizing equal opportunity and anti-discrimination principles. The document further examines Work Place Health and Safety (WHS) standards, highlighting risk management practices crucial for the industry. Food safety regulations are also addressed, including the role of FSANZ in assessing and managing risks associated with food production and consumption.

Running head: Hospitality Management
Hospitality Management

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Table of Contents
1. Expected areas where customer service is above average....................................................................2
2. Our Weakness......................................................................................................................................2
3. Strategies to turn best customer services into competitive advantage and minimizing the limitations.2
4. Personal characteristics the organization will seek in staff to deliver customer services at the desired
level2
5. Elements the organization will hire such as versus elements as extras and add ons.............................3
6. Attributes which helps the sustainable tourism organization to hire the right person for establishment
3
7. Initiatives which are important for an employee to join the sustainable tourism organization.............3
8. Customer service provisions in travel and tourism organizations to meet the individual needs of
different types of customers........................................................................................................................3
Scenario.......................................................................................................................................................4
1. List of Requirements, Licenses, Support Info, Timeframes (Validity or due dates) and Penalties.....4
Penalties..................................................................................................................................................4
2. Licensing, Legal Requirements and Permits identified for the Food Business...................................4
3. Requirements to comply with the Food Act and the Australia New Zealand Food Standards Code........5
4. Food Act at state and local levels........................................................................................................5
5. Procedures and Requirements to extend a Liquor License...................................................................5
6. Legislative Requirements for Liquor License......................................................................................5
7. All types of Insurance which the organization will require..................................................................6
8. Legal Tax Obligations and Penalties which apply for failing to comply with these.............................6
9. Requirements to comply with the National Employment Standards and EEO aspects considered
while recruiting staff....................................................................................................................................6
Equal Employment Opportunity and Anti-Discrimination......................................................................6
10. WHS requirements for establishment..............................................................................................7
11. Areas requiring the provisions for risk management and identifying the areas which require
specialist legal advice..................................................................................................................................7
References...................................................................................................................................................8
Case Study

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1. Expected areas where customer service is above average
The organization achieves customer satisfaction by examining that its services are satisfying
their requirements and anticipations and the possibilities to acclaim the organization to others.
So, customer satisfaction has become a benchmark to measure the health of the industry.
2. Our Weakness
As China is the most valued customer of Australia in terms of tourism and hospitality, the
Australian hotels need to upgrade themselves to meet the requirements of the Chinese customers.
(Featherstone, 2015).There has been shortage of staff in the organization due to high penalty
rates on weekends.
3. Strategies to turn best customer services into competitive advantage and minimizing
the limitations
According to Dupeyras & MacCallum (2013), the main source of revenue is generated by the
tourists who stay in our hotel. So, the main focus should be to attract more visitors by providing
facilities which match the international bench marks.
Another policy to overcome the weakness is to develop resources which represent our culture in
a creative form. This will enable the tourists to enjoy their stay in our hotel. Moreover, they
would recommend others thereby improving our accreditations.
4. Personal characteristics the organization will seek in staff to deliver customer
services at the desired level
One of the important aspects of providing good customer service is to maintain an amicable and
cooperative atmosphere with the visitors .The staff should have good communication skills. It
should ensure that the visitors should not face any inconvenience.

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5. Elements the organization will hire such as versus elements as extras and add ons
The management aspiring to appoint the personnel for the organization should seek for
additional qualifications such knowing various languages and having wide experience in
handling international customers. Also, he must have technical knowledge and should be
innovative in handling the problems faced by the management in its daily routine.
6. Attributes which helps the sustainable tourism organization to hire the right person
for establishment
The organization seeks certain characteristics while hiring the employees such as good
interpersonal and technical skills .They should be aware of the rules related to safety and hygiene
as they serve food and services to people where they spend time.
7. Initiatives which are important for an employee to join the sustainable tourism
organization
There are certain qualities which are mandatory to get hired in our organization such as the
employees should be dedicated towards serving the customers. They should develop good
communication skills. It will help in enhancing the relations with the clients.
8. Customer service provisions in travel and tourism organizations to meet the
individual needs of different types of customers
The company should maintain the provisions to cater to the needs of the specific consumers.
Some of them aspire for high standards of service while others want to enjoy the nature and
culture of the country. (ACS Distance Education, 2018).

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Scenario
1. List of Requirements, Licenses, Support Info, Timeframes (Validity or due dates)
and Penalties
Options Requirements & Contact
Food Business Notification Form to the Council
Establishing a new business Development Council
Release sewage Application for approval to release sewage
Customers dinning outside Council
Sole Trader Australian Business Number
For employing workforce Australian Taxation Office, Return to Work SA & Revenue SA.
Music Music license for APRA/ AMCOS/PPCA
Liquor Application for Liquor license to Consumer and Business
Services (Department of State Development, 2016).
Penalties
According to Ali & Solaiman (2013), the penalty for breach of the legislations is $ 151.67 per
unit. It is indexed yearly, so that it is raised with inflation.
2. Licensing, Legal Requirements and Permits identified for the Food Business
There are several legislations applicable to the food business. Some of them are:
(a) The regulations related to food industry in Australia are The Food Act 2001, Food
Regulations 2002, Food Safety Standards. The laws which govern the food standards relate to the
explanation and implementation of the food standards, the hygiene practices and the common
requirements and those related to machinery and property.

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(b) All the new establishments have to inform the Council’s Environmental Health Officers
about their commercial and communication particulars and register it with Return to Work SA
within 14 days .Once it is executed , a confirmation letter and Certificate of Registration ,which
prescribes the class and code, the taxes applicable and the premium rate ,will be received .
(c) The Australian Taxation Office (ATO), levies penal punishments if proper accounts are not
maintained.
(d) Several licenses regarding playing of music, liquor and food license are required.
3. Requirements to comply with the Food Act and the Australia New Zealand Food
Standards Code
According to Food Standards (2015), they set the requirements to put the label on the food which
is sold either to a caterer or for retail sales. Furthermore, the name of the food and its ingredients
are also required to be stated on its label. The suggestions, food manufacturing date, instructions
for use and preservation, its components, the permitted level of contaminants used in the food,
the edibles requiring pre market clearance and the permitted microbiological limits in the food
are the main contents of the regulations.
4. Food Act at state and local levels
As per Australian Institute of Food Safety (2016), the establishments should adhere to the state
legislations to comply with the requirements of the Food Safety Act. It mentions certain food
safety programs, application to the local council and comprehends the food safety laws to ensure
the safety and health of the consumers.
5. Procedures and Requirements to extend a Liquor License
The licenses are renewed by 31 December of every year regardless of when they are permitted. It
can be renewed till 30 June. The owners of the licensed establishment, the mortgagee of the
licensed premises and any person who is influenced by the inability of the licensee to pay the
renewal fee are some exceptions to this rule. It is applicable only from 1 July to 30 September.
After 1 October, the owners have to apply for a new license for supplying liquor.

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6. Legislative Requirements for Liquor License
For obtaining liquor license, the prior approval by the Consumer and Business Services has to be
obtained through an Application for Liquor License (on the establishment).
7. All types of Insurance which the organization will require
There are different types of insurances such as Asset and Revenue insurance which covers:
1. Vehicle Insurance
2. Third party Insurance
3. Building Insurance
4. Theft Insurance
5. Stock Insurance
6. Farm Insurance
8. Legal Tax Obligations and Penalties which apply for failing to comply with these
Conditions Tax Obligations
Wages below $ 50,000
per month
The super guarantee paid is 9.5 % of the Ordinary Time Earnings to
Australian Taxation Office (ATO).
The worker’s compensation should be % of the salary/ wages. It
should be paid to Return to Work SA.
Wages above $ 50,000
per month
The Payroll Tax registration and worker’s compensation should be
the % of salary/wages. The Payroll Tax registration is computed
above the limit. It is paid to Revenue SA.
Superannuation guarantee should be 9.5 % of their ordinary time
earnings and it is paid to the ATO.
9. Requirements to comply with the National Employment Standards and EEO
aspects considered while recruiting staff
The NES has prescribed certain rules for the organization such as Maximum weekly hours,
Annual leave, Maternity leave, Compassionate leave, Long service leave, Public holidays,
termination procedures and Fair work Information Statement.

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Equal Employment Opportunity and Anti-Discrimination
The Australian Human Rights Commission and the Fair Work Ombudsman has provided certain
guidelines for the employers and employees on averting discrimination on the work place. So,
there are prescribed guidelines such as employing staff fairly, prohibition on discrimination and
equal employment opportunities etc. (Fair Work Ombudsman, 2018).
10. WHS requirements for establishment
Work Place Health and Safety Standards are guidelines regarding the health, safety and
compensation services.
11. Areas requiring the provisions for risk management and identifying the areas
which require specialist legal advice.
According to Food Standards (2013), Food Standards Australia New Zealand Risk Analysis in
Food Regulation (FSANZ) prescribes the Codex risk analysis framework in the context of
nutrition which evaluates, manages and exchanges data about the risk to the various
stakeholders.
The areas requiring legal advice are investigation of the food related public health and safety
hazards and continuous vigilance of the food production processes and analyzing the level of
hazardous contents such as lead, mercury in it.

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References
ACS Distance Education (2018). Special Interest Tourism. Retrieved from
https://www.acsedu.co.uk/Info/Hospitality-and-Tourism/Tourism/Special-Interest-
Tourism.aspx
Ali, A., N., M., A. & Solaiman, S. M. (2013). Food Safety Offenses in New South Wales,
Australia: A Critical Appreciation of Their Complexities. Comprehensive Reviews in
Food Science and Food Safety.13.
Australian Institute of Food Safety (2016). Laws & Requirements. Retrieved from
https://www.foodsafety.com.au/
Australian Trade and Investment Commission (2016). Literature review –tourism and hospitality
careers international benchmarking. Retrieved from
https://www.austrade.gov.au/Australian/Tourism/Policy-and-Strategy/labour-and-skills
Department of State Development (2016). A guide to starting a restaurant, café or take-away.
Retrieved from https://statedevelopment.sa.gov.au/upload/small-business/restaurant-
catering-guide.pdf.
Dupeyras, A. & MacCallum , N. (2013). Indicators for measuring competitiveness in tourism: A
guidance document. OECD Tourism Papers, 2013/02. OECD Publishing.
Fair Work Ombudsman (2018). National Employment Standards. Retrieved from
https://www.fairwork.gov.au/employee-entitlements/national-employment-standards
Featherstone, T. (2015). Is Australian tourism in danger of missing a boom. The Sydney Morning
Herald. Retrieved from http://www.smh.com.au/small-business/the-venture/is-
australian-tourism-in-danger-of-missing-a-boom-20151208-glimeu.html
Food Standards (2013). Risk Analysis in Food Regulation. Retrieved from
http://www.foodstandards.gov.au/publications/riskanalysisfoodregulation/Documents/
risk-analysis-food-regulation-full-pdf.pdf

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Food Standards (2015). Food Standards Code. Retrieved from
http://www.foodstandards.gov.au/code/Pages/default.aspx