Research and comply with regulatory requirements

This document provides information on various regulatory requirements including liquor legislation, non-smoking laws, gaming legislation, privacy legislation, business structures, and insurance types. It includes a comparison of liquor legislation in two Australian states, the history of smoking indoors in clubs, the main concept behind gaming legislation, implications of privacy legislation for hotels and resorts, types of business structures in the hospitality industry, types of insurance and their implications, and ways for hospitality managers to stay up-to-date with legislative changes. It also provides information on opening a food stand at a local park.

SITXGLC001 Research and comply with regulatory requirements V1.0
S ITXGLC001
Course: Research and comply with regulatory requirements
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VERSION DATE AUTHOR COMMENTS
1.0 25th November 2016 Reece Thomas  Original
ASSESSMENT INSTRUCTIONS
Assessment Overview Format: Short Answer Responses
Total Marks Students undertaking this assessment must demonstrate
competency as per the Training Package or accredited course
requirements, guidelines and rules.
Academies Australasia Polytechnic’s VET Programs observes
the following grading scheme for the below assessment:
Competency based assessment is a process where an assessor
works with you to collect evidence of competence, using the
benchmarks provided by the unit standards that comprise the
national qualifications.
Time Allocated Trainer Discretion
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REGULATORY REQUIREMENTS
ASSESSMENT ACTIVITY: SHORT ANSWER RESPONSES
1. ‘Liquor legislation’: Investigate liquor legislation in two (2) Australian States and
compare their common themes.
One of the common themes related with liquor legislation in two states of Australia can be
described as follows. Therefore it is provided by Liquor Act 2007 (NSW) regarding the
standard trading hours that the standard trading period for most of the licenses is going to be
between 5 AM and 12 midnight. These timings are applicable for Mondays to Saturdays and on
Sundays the timings will be 10 AM to 10 PM. On the other hand, the Liquor Act 2007 (Qld)
provides that in case of most of the licenses, the ordinary trading hours will be between 10 AM
and 12 midnight. The ordinary trading hours, that will be applicable for the sale of take away
liquor rarely between 10 AM and 10 PM. In an industry a common theme can be found in these
two provisions of the liquor legislation of the two states of Australia.
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2. Non-smoking
The ACT government made restaurants smokeless from 1995 and in November 1999,
then NSW Premier Bob Carr announced that all restaurants (including the humblest
kebab shop) would be smoke-free. The ‘dominoes’ then tumbled in every State and
Territory with no reports of the world having ended
Investigate the history of smoking indoors in clubs in your State or Territory and
summarise your findings.
The legislation introduced by the government of Victoria to ban smoking in indoor public can
be considered as a landmark decision related with the ongoing public health debate that has
been going on regarding smoking. Therefore since 1 July 2007, the patrons of pubs were
allowed to smoke only in designated areas. These areas were away from the bar and other
public areas that were considered to be non-smoking areas. Historically, smoking segregation
had been introduced on different forms of public transport. There have been concerns regarding
the health dangers of smoking, which resulted in anti-tobacco campaigns.
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3. ‘Gaming legislation’: What is the main concept behind gaming legislation?
Traditionally it was considered that the gaming policy was the responsibility of the states
instead of the Commonwealth Government. Therefore, gambling services were regulated by the
state and territory governments and the heavily relied on them for ensuring revenue. However
as a result of the recent developments, it has been seen that the Commonwealth Government is
taking a much more active role in the gaming policy. This has been prompted by the public
concern regarding the impact of gambling on the society in Australia. As a result, the
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Commonwealth was prompted to set up an inquiry to be conducted by the Productivity
Commission. The conclusions of this inquiry have resulted in further debate on the issue of
gaming. The rapid development of new technology by the gaming industry has also attracted
the attention of the Commonwealth. The reason is that this year falls under the Constitution
responsibilities of the Commonwealth.
4. ‘Privacy legislation’: Privacy legislation protects individuals from collection and
distribution of their personal information without their approval.
The Privacy Act, 1988 regulates the way how private information needs to be handled. The Act
has described personal information as any information or opinion, regardless of the fact if it is
true or not, concerning an identifiable person or a person who can be reasonably identified. The
13 Australian privacy principles are mentioned in the Privacy Act. They are also applicable to
certain private-sector organizations and most of the government agencies. Therefore, they're
collectively known as the APP entities. It also needs to be noted that privacy is not an absolute
right under the Australian law.
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5. What are the implications of ‘Privacy Legislation’ for hotels and resorts?
According to the provisions of the Privacy Act, business and organizations, which include hotel
and resort, which gather information of personal nature are required by the law to create and
maintain their own privacy policy. This policy should fulfill the requirements prescribed by the
Act, as well as the National Privacy Principles (NPPs). Therefore, hotels and resorts are
required to make sure that they develop their own privacy policy. The Privacy Act requires that
the hotels and resorts should:
Gather the necessary information only;
The personal information should be used or disclosed only for the purpose of collection, unless
there is an exception applicable;
They should provide information regarding why such information is being gathered and how it
is going to be handled;
They should store the information in a secure way. If the person wants, they should provide
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access to the person to such information;
The information should be retained only as long as it is required, and it should be consistent
with the purpose of gathering the information.
6. What are three (3) types of business structure found in the hospitality industry?
The business structures that are commonly used in the hospitality industry can be described as
follows.
Sole proprietorship: It is the simplest business structure of all. Under the structure, the business
is owned by a single individual. This individual has the responsibility for all the debts of the
business. In the past, most of the businesses were sole proprietorships. In case of sole
proprietorship, the personal assets belonging to the owner of the business can be used for
repaying any debts or to pay taxes, damages or any other losses.
Partnership: the next business structure in hospitality industry is that of general partnership. In
this case, there are two or more owners. They have agreed to share the responsibility regarding
the operations, financial performance of the business and its liabilities. A partnership can also
be formed orally or through a written agreement. Generally such agreement provides for the
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contribution and the responsibilities that have been imposed on each partner.
Corporation: a corporation is created when a group of individuals decide to come together for
achieving a common purpose. A corporation enjoys separate legal identity. Therefore it is
completely distinct from its owners. A corporation also has the legal rights that are generally
available to the individuals. These include the right to own property and to sue and be sued.
7. Explain the following types of insurance and indicate which of these is compulsory:
‘Public risk’
Public risk insurance: in liability insurance provides protection against financial loss if the
actions of the individual, the negligence or the condition of the property of the person can be
considered as the reason for another person to be injured or killed or resulting in damage to the
property of other person or if the other person has suffered a loss due to the reason that he or
she had relied on the services or the advice provided by the first person. Public risk insurance is
generally taken by the businesses to cover the risks that are present in their day-to-day
operation.
However, it is not compulsory.
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‘Worker's compensation’
Workers' compensation is a compulsory form of insurance introduced by statute for the
employers in Australia. It provides protection to the workers in case any work-related injury or
disease is suffered by them. A business which employs or hires any full-time or part-time
employee or on contractual basis is required to have the workers compensation insurance. This
insurance should cover all the workers of the employer.
‘Superannuation’
The most common, out of all personal superannuation insurance is a life insurance inside super.
Generally it is bundled along with total and permanent disability cover (TDP). And sometimes
it is also bundled with income protection insurance. Generally, life insurance is referred to as
the death covered by super funds.
‘Fire insurance’
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It is true that in certain states of Australia, there are more chances of experiencing bushfires as
compared to the other areas. However, regardless of the State or Territory, it is alway better to
be safe. It is also worth mentioning in this regard than most of the fires claims started in the
kitchen. On the other hand, if the right kind of file insurance is not present or if the hotel or the
restaurant is undervalued in case of fire, the business may be put in a financially vulnerable
position.
8. List five (5) ways for hospitality managers to stay up-to-date and current with
legislative changes.
There are certain ways in which the hospitality managers can stay up to date regarding the
current legislative changes. Five of these ways have been mentioned below.
Enlisting a mentor or a buddy in the industry;
Creating the required skills at the help of study;
Subscribing to online newsletters;
Creating your own network within the industry; and
Following prominent persons of the particular field on social media.
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9. You want to open a food stand at a local park. Find out if it is possible to do this by
visiting your local Council website. Summarize your findings
The website of the City of Melbourne provides that there is a statewide registration and
notification scheme that is applicable in case of temporary and mobile food premises. This
scheme is applicable under the Food Act, 1984. For the purpose of legally operating a food
stand at the local park. It is necessary that the person should be:
Registered or notifies the Council regarding the temporary and mobile food premises. After that
the person can take anywhere within the state of Victoria.
The person is also required to launch a statement of trade so that all the relevant councils are
aware of the fact been and where the person is going to trade within the district.
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END OF PAPER
Trainer Resource: SITXGLC001 Version 1.0 © Reece Thomas, 2016