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SITXGLC001

Research and
comply with
regulatory
requirements

Student Name:
Student Id:
Unit Details: SITXGLC001 Research and comply with
regulatory requirements
Assessment 1: Research Information required for legal compliance

Assessment 2: Develop and Communicate policies and procedures for legal compliance

Assessment 3: Ensure complaint legal requirements and maintain personal knowledge

of regulatory requirements

Assessment 4: Knowledge questions

1
Assessment 1

Research
Information
required for
legal compliance

2
Contents
Introduction of business........................................................................................................................5
Location of the business........................................................................................................................5
Business structure.................................................................................................................................6
Introduce and explained the following areas of compliance:................................................................6
Business name...................................................................................................................................6
ABN number......................................................................................................................................6
GST........................................................................................................................................................6
Good and Services Tax (GST)..............................................................................................................6
BAS........................................................................................................................................................6
Business Activity Statement (BAS) and other taxation requirements................................................6
Superannuation.....................................................................................................................................7
Provide an overview of employer superannuation contributions......................................................7
Food permit (registered local council)...............................................................................................7
Food safety programme (health.vic.gov)...........................................................................................7
Provide an outline of Food Standards Australia New Zealand Act 1991................................................8
Planning Permit.................................................................................................................................8
Planning license.....................................................................................................................................8
3 planning associated planning permits............................................................................................8
Building permit......................................................................................................................................9
Three (3) building regulations that are associated with a new build.................................................9
Liquor license.........................................................................................................................................9
Liquor licensing regulations and requirements..................................................................................9
Provide an overview of the Liquor licensing, especially as it relates to the responsible service of
alcohol...............................................................................................................................................9
Music license...................................................................................................................................10
Insurance.............................................................................................................................................10
Third-party insurance (liability, building, business insurance).........................................................10
Public liability......................................................................................................................................10
Describe four (4) aspects of Public liability......................................................................................10
Describe Duty of care..........................................................................................................................11
Work cover..........................................................................................................................................11
Explain work health and safety practices and legislative requirements...............................................11
List five (5) Health and safety regulations and requirements..............................................................11
Over view of Fair Work Act 2009.........................................................................................................12

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National Employment Standards (NES)............................................................................................12
Workplace Relations........................................................................................................................12
Provide an overview of the Australian Consumer Law (ACL)...............................................................12
List three (3) associated aspects of the Privacy Act 1988....................................................................12
Access and interpret three (3) sources of specialist legal advice
(E.g. Accountant etc.)...........................................................................................................................13
List three (3) sources of specialist advice/ specialists required............................................................13
Explain four (4) Legal and ethical business requirements....................................................................13
Explain how you would evaluate all areas of the hospitality business
operation and identify two (2) risks.....................................................................................................13
List the risks, penalties and consequences of business non- compliance (refer to your assessment and
areas covered).....................................................................................................................................13
Assessment 2:......................................................................................................................................15
Develop and Communicate.................................................................................................................15
policies and procedures.......................................................................................................................15
for legal compliance.............................................................................................................................15
1. Name of policy / procedure:........................................................................................................16
2. Name of policy / procedure:........................................................................................................17
3. Name of policy / procedure:........................................................................................................18
4. Name of policy / procedure:........................................................................................................19
5. Name of policy / procedure:........................................................................................................20
6. Name of policy / procedure:........................................................................................................21
Job Description 1:................................................................................................................................22
Job Description 2:................................................................................................................................23
ASSESSMENT 3.....................................................................................................................................24
Ensure compliant.................................................................................................................................24
legal requirements...............................................................................................................................24
and.......................................................................................................................................................24
maintain personal................................................................................................................................24
knowledge...........................................................................................................................................24
of regulatory........................................................................................................................................24
requirements.......................................................................................................................................24
ASSESSMENT 3 Written report.............................................................................................................25
Ensure compliant legal requirements and maintain personal knowledge of regulatory
requirements...............................................................................................................................25
When would you need to communicate with regulatory authorities?............................................25

4
Who might be three (3) regulatory authorities you might seek support from before, during and
after you have established your food and beverage business?........................................................25
Describe the steps you would take to access legal advice from professional support.....................25
When you would liaise (communicate) with other colleagues regarding the implications of
legislative change?...........................................................................................................................25
Why would you liaise (communicate) with other colleagues on operational aspects of the
Hospitality business?.......................................................................................................................25
When would you check contractor compliance and why?...............................................................25
When would you use a range of workplace activities (describe the activities) to maintain
knowledge of new legislative requirements?..................................................................................25
Explain how you will implement new procedures required to maintain business compliance........26
What types of training will provide staff to allow for the adaption of the new requirements?.......26
Explain how you will monitor and review these requirements........................................................26
Explain how you will evaluate the policies and procedures for effectiveness and compliance with
the Hospitality business...................................................................................................................26
PowerPoint presentation.....................................................................................................................26
ASSESSMENT 4.................................................................................................................................27
WRITTEN ASSESSMENT....................................................................................................................27

5
Introduction of business

Small café with 50 seats located on Smith street Collingwood. We serve coffee with breakfast and
brunch menus in the morning, and start serving alcohol in evening with dinner menus.

Operational time
Monday Closed
Tuesday – Friday 7am – 10 pm
Saturday – Sunday 9 am – 11 pm

Location of the business


Smith street Collingwood.

Business structure
This café will sign for Sole trader business structure
A sole trader is a simple business structure and gives the owner all the decision-making power. They
can also hire people if they want to.
Key factors to consider
 Business name
 Tax registrations
 Australia Business Number
 Goods and services Tax
 Superannuation
 Employing people
 Insurance

List the step to register this area of compliance


To register as a sole trader:
1. decide whether you want to register a business name - this is only needed if you are using a
name other than your personal name
2. check your proposed business name does not infringe on existing trademarks
3. register your business name
4. apply for the relevant licences and registrations for your business type, such as a TFN or ABN
5. find the right insurance for your business.

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The Australian Business Licence and Information Service (ABLIS) can help you find the government
licences, permits, approvals, registrations, codes of practice, standards and guidelines you need for
your business. https://ablis.business.gov.au/

Application forms

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Introduce and explained the following areas of
compliance:
Business name
List the steps you took to get find out about this area of compliance
Go to: : https://www.business.vic.gov.au/setting-up-a-business/how-to-start-a-business/register-a-
business-name

List the step to register this area of compliance


To register for a business name:

1. Decide on a name that's right for your business.


2. See if the business name you want is available through the check name availability search on
the ASIC website. You should also check it’s not already a registered trademark to avoid
infringing on someone else’s legal right through Australian Trade Mark.
3. Apply for a business name and other key business registrations through the Business
Registration Service.

Note: the business should have ABN before registering a business name.

Cost
The cost of registering your business name with the Australian Securities & Investments Commission
(ASIC) is $36 for 1 year or $85 for 3 years.

Application forms

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Outline the consequences of this if not compliant
It is an offence under section 18 of the Business Names Registration Act (Cth) to carry on a business
under an unregistered business name. Failure to adhere to this provision will result in a penalty of 30
penalty units ($3300).

ABN number
List the steps you took to get find out about this area of compliance
You may require an Australian Business Number (ABN) if you are operating a business, organisation
or enterprise in Australia. An ABN is a single identifier for all business dealings with the Australian
Taxation Office and other government departments and agencies.

Applying for an ABN is not compulsory. However, once you have registered your entity for an ABN
you will be able to:
 register for GST and a business name
 get an AUSkey to transact online with government agencies
 be endorsed as a deductible gift recipient or an income tax exempt charity.

List the step to register this area of compliance


To apply for an ABN, you must:

 have a business structure in place


 be continuing or starting an enterprise in Australia.
Sole traders, companies, partnerships, trusts and superannuation funds are eligible to apply for an
ABN. When you lodge your application, you must provide proof of identity when you register. You
can prove your identity by quoting your personal tax file number (in the case of sole traders) or your
business or organisation's tax file number.
Register for an ABN
You can apply for an ABN and other key business registrations through the Business Registration
Service. Before you register, make sure you have:
1. identified your business structure
2. proof of identity
3. details of your business activities and associates ready
Visit to https://abr.gov.au/ABRWeb/AbnApply.abr?pid=71 for online application

Cost
No fees are required.

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Application forms

Outline the consequences of this if not compliant

Start-ups could face fines in excess of $10.000 if they make false or misleading statements when
applying for an ABN number. Even though applying for an ABN number is not compulsory but if
you want to apply for GST you will need to apply for an ABN as well. If you are not able to quote n
ABN others will withhold tax at the top marginal rate when they pay you.

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GST
Good and Services Tax (GST)
List the steps you took to get find out about this area of compliance

List the step to register this area of compliance


To register for GST, you will require an Australian Business Number (ABN).
You can register for GST, or cancel your GST registration if your business changes or ceases:
 online through Business Portal
 by phone – if you're an authorised contact for the business, phone us on the business
enquiries line
 through your registered tax agent or BAS agent.
You can also lodge a form with us:
 to register, complete the Add a new business account (NAT 2954) form
 to cancel, complete the Application to cancel registration (NAT 2955) form
You can order these forms using our online publication ordering service for business

Cost
Goods and services tax (GST) are a tax of 10% on most goods, services and other items sold or
consumed in Australia. If the business is registered for GST, you have to collect this extra money (one-
eleventh of the sale price) from your customers.

Application forms

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Outline the consequences of this if not compliant

An offender not paying tax or making short payments has to pay a penalty of 10% of the tax
amount due, subject to a minimum of Rs. 10,000. Therefore, the penalty will be high at 100% of
the tax amount when the offender has evaded i.e., where there is a deliberate fraud

BAS
Business Activity Statement (BAS) and other taxation requirements
List the steps you took to get find out about this area of compliance
Go to: : https://www.ato.gov.au/Business/Business-activity-statements-(BAS)/
A Business Activity Statement (BAS) is a tax reporting requirement by the Australian Taxation Office.
It is issued by the ATO on a monthly or quarterly basis. It reports a business' goods and services tax
(GST), pay as you go (PAYG) instalments, PAYG withholding tax and other tax obligations.

List the step to register this area of compliance


If you are a business registered for GST, you need to lodge a business activity statement (BAS).
Your BAS will help you report and pay your:
 goods and services tax (GST)
 pay as you go (PAYG) instalments
 PAYG withholding tax
 other taxes.
When you register for an Australian business number (ABN) and GST we will automatically send you
a BAS when it is time to lodge. Your BAS is broken up into sections, called 'labels', and you need to fill
out different labels

Cost
There is no applicable cost on that as it comes automatically when you apply for an ABN number and
GST.

Application forms

Outline the consequences of this if not compliant

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Failure to lodge (FTL) on time penalty may be applied if business’s required to lodge a return,
report or statement (or both) with ATO.

Superannuation
Provide an overview of employer superannuation contributions
List the steps you took to get find out about this area of compliance
Support info: https://www.ato.gov.au/Business/Super-for-employers/
If you are an employer you have an obligation to pay superannuation contributions on behalf of all
your eligible employees, in addition to their wages and salaries. This compulsory superannuation
guarantee requires you to:
 pay superannuation for all your employees
 contribute to their preferred super funds if available
 pay the contributions by the quarterly cut off dates: 28 October, 28 January, 28 April and 28
July

Generally, you have to pay superannuation for your employees if they:


 are aged between 18 and 75
 are paid $450 (before tax) or more in a calendar month
 work full-time, part-time or on a casual basis (including family members and company
directors).

List the step to register this area of compliance


To complete this form
Employees can access and complete pre-filled forms through either:

 ATO online services via myGov


 access the forms through the Employment menu
 the employer's Australian business number (ABN) and their default fund's unique
superannuation identifier (USI) will be needed to complete this form

Their employer's employee commencement-enabled payroll software, if available.


Next steps:
 Download the Standard choice form (NAT 13080, PDF 328KB)This link will download a file
 Enter data electronically and then print the form out – you cannot save an electronic copy
after you have typed data into this form.
If you can't download the form you can:
 order a copy online – search for NAT 13080
 order a paper copy by phoning our publications ordering service on 1300 720 092.

Cost
There is no applicable cost on this application

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Application forms

Outline the consequences of this if not compliant

Penalties for not paying super


Failure to pay can mean a fine of up to $10,500- or 12-months imprisonment. The charge is not tax
deductible; another reason why most employers do the right thing and make their super
guarantee contributions on time.

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Food permit (registered local council)
List the steps you took to get find out about this area of compliance
A food business is any organisation that sells food or drink.
In Victoria, all food businesses must be registered through their local council and follow regulations
to ensure that the food they sell is safe to eat.
A small number of businesses do not need to register with their council, but the council still must be
informed of their activities.

List the step to register this area of compliance


To register a food business, business owner must contact local council. They will classify your food
business, explain what your requirement are under that classification and inform you of anything
else you need to do.
Council can also give the advice on starting the business and setting up or buying your new food
premises and help you through the building or purchasing process.
The class of your food premises determines what requirements you will need to meet before
registration will be granted by council. A food business is an enterprise or activity involving the sale
of food.

All food businesses must contact their local council before starting up. Your council will let you know:
 your registration requirements and any associated fees
 your food business class (1, 2, 3 or 4)
 if you are required to have a food safety program and a food safety supervisor.
Under the Food Act, most businesses operating in Victoria cannot sell food to the public unless they
register or notify as a food business with their local council.
A small number of businesses do not need to register with their council. However, they are still
required to notify council of their intended food business activities.

Cost
For each Additional employee over ten:
 $30.00 per employee for class 1 and 2
 $15.00 per employee for NFP class 1 and 2
 $15.00 per employee for class 3
 $8.00 per employee for NFP class 3.
New registration of premise fees:
 class 1 or 2 - $296.00
 class 3 - $ 148.00
 NFP class 1 or 2 - $148.00
 NFP class 3 - $74.00.
Fee for renewals:
 class 1 and 2 - $592.00
 NFP class 1 and 2 - $296.00

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 class 3 - $296.00
 NFP class 3 - $148.00.

Fees for transfer of registration:


 class 1 or 2 - $296.00
 class 3 and NFP class 2 or 3 - $148.00
 NFP class 3 - $74.00.

Application forms

Outline the consequences of this if not compliant

The penalty for handling food in a way that makes the food unsafe or unsuitable, and/or selling it,
is $40,000 for an individual or $200,000 for a corporation.

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Food safety programme (health.vic.gov)
List the steps you took to get find out about this area of compliance
Go to: https://www2.health.vic.gov.au/
In Victoria, all class 1 and 2 food premises need a food safety program.
A food safety program is a written plan that shows what a business does to ensure that the food it
sells is safe for people to eat. It is an important tool to help businesses handle, process or sell
potentially hazardous foods. This is necessary to maintain safe food handling practices and protect
public health.
Some food businesses may use a registered template, and some may use an independent, audited
program. Most businesses choose to use the department-developed food safety program template
for class 2 retail and food service businesses.

List the step to register this area of compliance


Businesses may choose to use a food safety program template developed by the department that is
registered under the Act as suitable for creating a standard food safety program for a class 2 food
premises operated by a food business that:
 retails food to the public
 is a food service business at which food handling activities include the serving of food that is
ready for immediate consumption (such as hotels, cafes and restaurants)?
Some food premises use other food safety program templates. Any template registered with the
department can be used if:
 it is suitable for the practices undertaken in the food business; and
 approval is granted by the template owner.
If a business uses an independent (nonstandard) food safety program, the proprietor can choose to
have audits conducted by any auditor approved by the department. That audit can be conducted by
an independent private auditor or – if the local council offers audit services – by a council auditor.

Cost
Food safety program template for class 2 retail and food service businesses no. 1 version 2 can still be
used if you are already using it. Version 3 can be downloaded from the department's website at no
cost

Application forms

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Outline the consequences of this if not compliant

 Infringement notices
 Enforcement options such as (issuing a warning, issuing an infringement notice, taking
other statutory action, commencing a prosecution)
 On the spot fines
 Penalties

Provide an outline of Food Standards Australia New


Zealand Act 1991
Outline the consequences of this if not compliant

Food Standards Australia New Zealand Act 1991 Australian Government


You may be required to comply with this Code if you intend to deal with food or beverage
products. This Code applies if you intend to:
 import food or beverage products into Australia
 export food or beverage products out of Australia
 manufacture food or beverage products in Australia.

The standards apply to areas such as:


 labelling and other information
 substances added to food
 contaminants and residues
 maximum permissible limits of chemicals
 foods requiring pre-market clearance
 microbiological and processing
 food safety

Outline the consequences of this if not compliant


Offences

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Councils can issue infringement notices for certain food safety or hygiene offences. This includes a
range of offences regarding:
 failure to store, process, display and transport food
 lack of cleanliness and adequacy of food premises
 failure to clean and sanitise food equipment
 operating food premises without registration or notification
 failure to keep the required records on site.
Enforcement options
 providing advice or guidance to educate a proprietor of a food premises about how to
comply
 issuing a warning
 issuing an infringement notice
 taking other statutory action
 commencing a prosecution.

On the spot’ fines


If an infringement notice is issued ‘on the spot’, the person who receives the notice has the right
to request that the council review it, where that person has special or exceptional circumstances
or considers the notice contrary to law.
The fine does not have to be paid ‘on the spot’.
Penalties
The penalties for infringements are expressed in terms of penalty units, which are used to
describe a fine. Penalty units are set and calculated according to the Monetary Units Act 2004.

Planning license
3 planning associated planning permits
List the steps you took to get find out about this area of compliance
Contact your local council's building or planning department to check what types of permits and
approvals you'll need when you want to set up or make fit-out changes to your retail shop, office,
commercial or business premises.
Common planning and building permit applications

1. setting up your store, food premises or other business


2. changing the existing shop front
3. putting outdoor seating or heaters on a footpath.

List the step to register this area of compliance


The permit processes:

1. find out about the planning scheme


2. talk to the council planner
3. talk to the neighbours
4. consider getting professional advice

Cost
1. Footpath trading which can charge $147.
2. Liquor license which can charge $400-$500

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3. Planning permit to set up and run a business, etc. Which could be According to business but
minimum $200-$300.
4. Entertainment license which could be according to gathering of people and event from
$1000-$2000.

Application forms

Outline the consequences of this if not compliant

Building without having a planning license could face fines of up to $60,500 for individuals and up
to $302,500 for corporations per infringement and/or up to 5 years imprisonment. The police can
also issue an on-the-spot fine of $1320 and seize copyright infringing music and devices, including
computers and servers used in the commission of the crime

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Building permit
List the steps you took to get find out about this area of compliance
You will require this permit if you intend to undertake building or development work. This includes
any construction, alteration, removal or demolition of any new or old building or structure.
As part of the permit approval, you may be required to submit management plans that describe how
you intend to deal with things like waste, flooding, termite risk, or trees and vegetation.
A building permit has commencement (6 - 12 months) and completion (6 - 36 months) time limits
that will apply depending on the nature of the building works.

List the step to register this area of compliance


To be eligible for this permit, your application must contain sufficient information to show that the
building work will comply with the legislation. This includes compliance with all Building Standards
and Codes, the Five Star Energy Rating Standard, building in designated Bushfire Prone Areas,
builder's registration and insurance or owner-builder certificate of consent.

For construction of a new building, you must typically include:


 descriptions of the intended use of all buildings on allotment plans
 three copies of drawings, specifications and allotment plans in the prescribed form and
copies of any computations or reports necessary to demonstrate building compliance
 a soil reports
 a copy of Certificate of Title.
To alter an existing building, you must include copies of drawings and allotment plans that clearly
differentiate between the existing building and the proposed building work.
To demolish or remove buildings you must typically include:
 three copies of an outline and description of the building or part thereof to be demolished or
removed
 an allotment plan showing the location of boundaries and adjoining buildings, other
buildings on the allotment, and streets, footpaths or crossings adjoining the allotment
 specified computations or information relating to compliance of remaining buildings.
A heritage certificate may be required from the Heritage Council of Victoria to ensure compliance
with the heritage status of the building and site. Please consult with Heritage Victoria in the first
instance before commencing any works.

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Consult the Council or a private Building Surveyor for further information on specific requirements
and conditions for this permit.

Cost
Consult the responsible council for specific information on fees to be submitted with your
application.

Application forms

Outline the consequences of this if not compliant

The Local Authority has to see that building work complies with the Regulations. If the work does
not comply, you may be asked to alter or remove it. If you fail to do this, the Local Authority may
serve a notice requiring you do so within 28 days, and you will be liable for the costs.

Three (3) building regulations that are associated with a new build

Ref: https://www.vba.vic.gov.au/building/regulatory-framework

The Building Regulations 2018


The Regulations came into effect on 2 June 2018. The Regulations are a subordinate legislation of

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the Building Act 1993 and contain, among other things, requirements relating to:
 building permits
 building inspections
 occupancy permits
 enforcement
 maintenance of buildings.

The Building Act 1993


The Building Act 1993 sets the legal framework for the regulation of building construction, building
standards, maintenance of specific safety features and for registration of building and plumbing
practitioners in Victoria.

National Construction Code


The National Construction Code (NCC) combines building and plumbing construction requirements
into a single code. The NCC includes the Building Code of Australia (Volumes One and Two) and
the Plumbing Code of Australia (Volume Three).
 Volume One: relates primarily to Class 2 to 9 buildings.
 Volume Two: relates primarily to Class 1 and 10 buildings.
 Volume Three: relates primarily to plumbing and drainage associated with all classes of
buildings.

Liquor license
Liquor licensing regulations and requirements
List the steps you took to get find out about this area of compliance
Go to the website: https://www.vic.gov.au/property- planning/building-construction/building-
regulations-codes.html
The licence if you operate a business and you intend to provide alcohol to your customers. This
applies to pubs, hotels and holiday resorts, as well as other businesses that supply alcohol to
customers.
A general licence authorises you to:
 supply liquor to customers on your premises during ordinary trading hours for consumption
on and off the premises
 supply liquor at any time to a resident, or guest of a resident, of the licensed premises
 supply liquor to guests.
To be eligible for this licence you must:
 be at least 18 years old, If you are applying as an individual
 not be disqualified from holding a licence or BYO permit under the Act
 consent to a national police check
 complete the relevant forms
 provide any additional information required by the agency.

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List the step to register this area of compliance
Go to https://www.vcglr.vic.gov.au/ then, download and complete the “General licence application
kit. Detail on how to lodge the completed application are included in the kit.
The applicants are advised to lodge liquor licence applications at least weeks in advance. The time
taken to process an application will vary depending on a range of factors including the complexity of
the application and any objections which may be raised.

Cost
$480.40 Fees for New Licences including:
 Late night (general)
 Late night (on-premises)
 Late night (packaged liquor)
 General
 On-premises
 Restaurant and cafe
 Packaged liquor
 Full club
 Restricted club
 Pre-retail

Application forms

Outline the consequences of this if not compliant


Offences and penalties
The Liquor Control Reform Act 1998 allows the issue of infringement notices for specified
breaches. They are issued to licensees, underage persons and any person breaching specified
sections of the liquor law.

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For a list of the 2019-20 liquor-related breaches and associated penalties which are provided for
under the Act, download Breaches under the Liquor Control Reform Act 1998 fact sheet 2019-20.

Provide an overview of the Liquor licensing, especially as it relates to


the responsible service of alcohol

Responsible service of alcohol (RSA)


Licensees and staff involved in the supply of alcohol need to complete an RSA training course
approved by the Victorian Commission for Gambling and Liquor Regulation
 You must not allow a drunken or disorderly person to be on your premises.
 You must not supply alcohol to a person who is intoxicate
 You must not allow people under 18 years into the licensed area, unless you have an
underage approval from the Victorian Commission for Gambling and Liquor Regulation, or
the younger person is:
o with a responsible adult
o having a meal
o a resident of the premises
o employed by you but not involved in the supply of alcohol
o taking part in a training program in hospitality
Penalties
Penalties for failing to comply with licence conditions or other issues of non-compliance. These
include fines, licence suspension and licence cancellation. Examples of behaviour prohibited under
the Act include:
 unlicensed selling of liquor
 consuming or possessing liquor on an unlicensed premise
 underage drinking
It could be $400-$500 according to business and license type.

Music license

General Business Music Licence - Australian Government


Support info: https://onemusic.com.au/faqs/

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You will require this licence if you intend to play copyright music in your business.
A licence legally authorises the public performance of copyrighted music from within the
Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society
(APRA AMCOS) and Phonographic Performance Company of Australia (PPCA) global inventory of
registered songs (called works), sound recordings and music videos.

Licence
A licence defines the need to obtain recognition / certification and registration to undertake a
certain business activity.

Eligibility requirement, to be eligible for this licence you must:


 apply using the relevant form

 pay the appropriate licence fee

 Please consult the Contact Officer for more information regarding eligibility requirements.

Requirements to apply for this licence:


 submit your ABN / ACN (if you have one)

 submit the required forms

 pay the prescribed fees.

Insurance
Third-party insurance (liability, building, business insurance)

Catastrophic Loss
Business insurance protects a business from closing due to a catastrophic loss. Fires, floods,
hurricanes and tornadoes have been the end of many businesses in Texas, as elsewhere. When a
company carries insurance against these types of losses, closure and loss are only temporary
instead of permanent. Companies’ should always consider business interruption insurance, a rider
on their business insurance policy, to ensure continued cash flow for the duration of a closure due
to a natural disaster.

Liability
If a customer slips and falls while on your business premises or your product has a defect that
injures a customer and you do not have insurance, this could spell the end of your business. If a
company car is involved in an accident and someone is injured, that could be disastrous as well.
Business liability insurance covers accidents that occur on the business premises, product defects
and mishaps that occur during normal business operations on and off premises.

Thef
A new business is a big target for thieves. New computers, furniture and other office equipment is
worth more at a pawn or chop shop than older equipment. Even older businesses that have just
undergone renovations and upgrades are a target. Replacement insurance protects a business in
the event equipment is stolen, replacing the missing items and paying for repairs from damage
caused by the invasion.

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Public liability
Describe four (4) aspects of Public liability

1. Products Liability
If you manufacture products, this is an essential part of the coverage you need. If someone gets
hurt due to one of your products, this coverage can pay out damages.

2. Third Party First Aid Expenses


If someone gets hurt while on your business property, they may bring a suit against you for
medical expenses that aren't covered by the country's universal health care system. This also helps
with any pain and suffering claims.

3. Third Party Property


If someone's property is damaged due to situations related to your business, this type of coverage
can be essential. For example, if you have a fleet of commercial vehicles and one of your driver's
hits a third party's house, this type of policy helps in those situations.

To reduce losses in this category, make sure all of your vehicle operators are well trained. Also,
offer safes for hotel guests to use or consider setting up a coat check for restaurants. Any steps you
can take to make your customer's possessions safer can help.

4. Legal Expenses
In addition to the payouts detailed above, you may get stuck with legal costs if someone brings a
lawsuit against your business. So that you don't have to cover those expenses out of pocket, make
sure that your public liability policy also includes legal expenses.

Describe Duty of care


List the steps you took to get find out about this area of compliance
Outline the consequences of this if not compliant

A duty of care is a legal obligation to avoid acts or omissions that could foreseeably lead to harm
to another person. A breach of a duty of care that leads to harm to someone amounts to the tort
of negligence. In Victoria, the law of negligence is governed by the Wrongs Act 1958, and by the
common law.

Breach of duty of care


When a standard of care is not met, duty of care has been breached. The defendant will be guilty
of negligence if the harm suffered was foreseeable, the risk was not far-fetched, and a reasonable
person would have taken steps to ensure the harm did not occur.

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Remedies for breach of duty
When a person (the plaintiff) sues a person (the defendant) for breaching a duty of care, the most
common outcome is an award of monetary compensation. The amount of monetary
compensation the plaintiff is entitled to will be assessed based on the following considerations:
 The effect of the detriment suffered on the plaintiff’s ability to earn money;
 The extent of any personal injury;
 The extent of any financial loss suffered;
 The extent of any damage to personal property;
 Whether the plaintiff contributed to their own harm (contributory negligence);

Work cover
List the steps you took to get find out about this area of compliance
WorkCover insurance covers employers for the cost of benefits if employees are injured or become ill
because of their work.
It is compulsory for Victorian employers and is funded by their contributions.
WorkCover insurance may cover
replacement of lost income
 medical and rehabilitation treatment costs
 legal costs
 lump sum compensation in the event of a serious injury.

List the step to register this area of compliance


The registration processes
1. Check that you are required to register: While most business will need WorkCover
insurance, some are exempt.
2. Complete your registration online or by post:
 If you decide to register online, you will have to login into the WorkSafe Victoria
insurance online portal called 'Online Employer Services' and start a new
registration.
 If you choose to register by post, you have to complete a form and then submit it to
a WorkSafe agent of your choice.
3. You’ll receive a username and password

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4. The cost of your premium will be calculated: The cost of your premium will be calculated
after the registration process is complete. If you disagree with the calculation, you have the
right to request a review.

Cost
Please consult the responsible agency for information on fees to be submitted with your application.

Application forms

Outline the consequences of this if not compliant

WorkSafe's penalty provisions are designed to encourage employers to comply with their
WorkCover insurance obligations and to promote equity through the potential implications of
premium avoidance.

Employers are required to exercise reasonable care and make full and true disclosures to their
WorkCover Agent and WorkSafe regarding their insurance.

There are severe penalties that may apply if WorkSafe believes that incorrect information has
been supplied with the deliberate intent of reducing the amount of premium payable.

Explain work health and safety practices and legislative


requirements
List the steps you took to get find out about this area of compliance
Outline the consequences of this if not compliant

Occupational Health and Safety Act 2004


The Occupational Health and Safety Act 2004 (OHS Act) is the main workplace health and safety
law in Victoria. It sets out key principles, duties and rights about OHS.

Who the OHS Act protects:

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The OHS Act seeks to protect the health, safety and welfare of employees and other people at
work. It also aims to ensure that the health and safety of the public is not put at risk by work
activities.

WorkSafe’s role
WorkSafe has many functions under the OHS Act. For example, we:
 monitor and enforce compliance with the OHS Act and regulations
 make recommendations to the Minister about the OHS Act, regulations and compliance
codes
 promote public awareness and discussion about occupational health, safety and welfare
issues
 publish OHS statistics

Penalties
The OHS Act provides for the following maximum penalties:
 for corporations is $3,171,400, and
 for individuals is $285,426.

The current value (for the financial year 2017-18) of a penalty unit is $158.57. Changes to the rate
occur with effect from 1 July each year.

List five (5) Health and safety regulations and


requirements

1. Occupational noise management


Noise is probably the most widespread and underestimated of workplace hazards. All workers
exposed to high noise levels are at risk of suffering permanent noise induced hearing loss.
Regulations in Victoria limit exposure to 85 decibels (A) averaged over 8 hours. Exposure to noise
levels over this will lead to permanent damage.

2. Standards for occupational safety signage


 Find the hazards in your workplace.
 Assess the risks associated with those hazards. You don’t have to do a formal risk
assessment if there is already information about the risk and how to control it.
 Control the risks.
 Monitor and review your risk controls. Revise the controls if they are not working.

3. National standard for manual handling


Hazardous manual handling can cause injuries known as musculoskeletal disorders (MSDs). These
include:
 sprains and strains
 back injuries

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 soft-tissue injuries to wrists, arms, shoulders, neck or legs
 hernias
 chronic pain

4. Hazardous substances
Substances (chemicals and chemical products) are covered by the general duties under the
OHS Act. In addition, Victoria has specific legislation covering both hazardous substances and
dangerous goods in the workplace. Hazardous substances are covered by the OHS Regulations,
and Dangerous Goods are covered by the Dangerous Goods Act and Regulations.

5. Guarding metal cutting guillotines


How to use guards and safe work systems to reduce or eliminate workplace health and safety
risks when using metal cutting guillotines.
Unguarded metal cutting guillotines or those with ineffective guards present serious
workplace health and safety risks. This document advises how workplaces can reduce injury
risks, and explains:
 the different types of guards that reduce or eliminate these risks
 other machine features that reduce or eliminate these risks
 how inspections and maintenance must be conducted
 your record-keeping responsibilities

Overview of Fair Work Act 2009


List the steps you took to get find out about this area of compliance
Go to: https://www.fairwork.gov.au/about-us/legislation

The Fair Work Regulations 2009 are the main legislation we deal with. They govern the employee /
employer relationship in Australia. They provide a safety net of minimum entitlements, enable
flexible working arrangements and fairness at work and prevent discrimination against employees.

The Fair Work (State Referral and Consequential and Other Amendments) Act 2009 and the Fair
Work Amendment (State Referrals and Other Measures) Act 2009 changes the FW Act to allow states
to refer matters to the Australian federal government to form a national workplace relations system.
Before this, workplace laws were set and administered by most individual states. States kept their
workplace relations powers over state and local government employees.

Cost
No fees are required.

Application forms

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Outline the consequences of this if not compliant

From 31 July 2015, the maximum penalty for each breach of the Fair Work Act 2009 (Cth) (FW Act)
has increased to $54,000. The change is a result of a recent amendment to the Crimes Act 1914
(Cth) (Crimes Act), which has increased the value of a penalty unit from $170 to $180.

National Employment Standards (NES)

You will be required to comply with these National Employment Standards (NES) if you are an
employer. The NES are ten minimum standards of employment entitlements for employees
covered by the national workplace relations system.
The ten standards in summary are:
1. maximum weekly hours of work
2. requests for flexible working arrangements
3. parental leave and related entitlements
4. annual leave
5. personal / carers leave and compassionate leave
6. community service leave
7. long service leave
8. public holidays
9. notice of termination and redundancy pay
10. provision of a Fair Work Information Statement.
Please consult the Contact Officer for more information and to ascertain the level of compliance
that may be required.

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Penalties
Failure to abide by a direction to pay superannuation can result in a fine of up to $10,500- or 12-
months imprisonment.

Workplace Relations

As set out in the Fair Work Act 2009 and other workplace legislation, the key elements of our
workplace relations framework are:
 A safety net of minimum terms and conditions of employment.
 A system of enterprise-level collective bargaining underpinned by bargaining obligations
and rules governing industrial action.
 Provision for individual flexibility arrangements as a way to allow an individual worker and
an employer to make flexible work arrangements that meet their genuine needs, provided
that the employee is better off overall.
 Protections against unfair or unlawful termination of employment.
 Protection of the freedom of both employers and employees to choose whether or not to
be represented by a third party in workplace matters and the provision of rules governing
the rights and responsibilities of employer and employee representatives.
Australia’s workplace relations laws are enacted by the Commonwealth Parliament. The practical
application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the
Fair Work Ombudsman.

Provide an overview of the Australian Consumer Law


(ACL)

The Australian Consumer Law (ACL) is a national law that sets out consumer rights (consumer
guarantees). These consumer guarantees apply to all products and services. Examples of
consumer guarantees include:
 services must be provided with acceptable care and skill
 goods must match the descriptions on the packaging and labels, and in promotions and
advertising
 the goods must be of acceptable quality and fit for the purpose for which they are
intended to be used.
The ACL replaced pre-existing State and Territory consumer protection laws. This means that the
ACL will apply regardless of where in Australia your businesses customers or clients are located.
The ACL also includes:
 a national product safety law and enforcement system
 a national unfair contract terms law covering standard form contracts
 a national law for unsolicited consumer agreements replacing pre-existing State and

33
Territory laws about door-to-door sales and other direct marketing
 simple national rules for lay-by agreements
 penalties, enforcement powers and consumer redress options.
It is important that you are aware of your rights and obligations under the ACL.

List three (3) associated aspects of the Privacy Act


1988
List the steps you took to get find out about this area of compliance
Outline the consequences of this if not compliant

The Privacy Act 1988 (Privacy Act) was introduced to promote and protect the privacy of
individuals and to regulate how Australian Government agencies and organisations with an annual
turnover of more than $3 million, and some other organisations, handle personal information.

3 aspects of privacy act 1988 would be:


1. Credit Reporting
Part IIIA of the Privacy Act 1988 (Privacy Act) regulates consumer credit reporting in Australia.
2. Tax file numbers
Under the Privacy Act 1988, the Australian Information Commissioner has a number of
monitoring, advice and assessment related functions regarding the handling of tax file numbers
(TFNs).
3. Health information and medical research
Health information is regarded as one of the most sensitive types of personal information. For this
reason, the Privacy Act 1988 (Privacy Act) provides extra protections around its handling. For
example, an organisation generally needs an individual's consent before they can collect their
health information. In addition, all organisations that provide a health service and hold health
information (other than in an employee record) are covered by the Privacy Act, whether or not
they are a small business.

A breach of an Australian Privacy Principle is an ‘interference with the privacy of an individual’ and
can lead to regulatory action and penalties.

Access and interpret three (3) sources of specialist legal


advice (E.g.
Accountant etc.)
List the steps you took to get find out about this area of compliance
Outline the consequences of this if not compliant

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Local Government support
Local councils in Victoria usually have a business development unit that can provide a wealth of
information and services for businesses within their municipality. To find your local council and the
information they offer visit the http://knowyourcouncil.vic.gov.au/

Industry associations
Visit our guide to Victorian industries to find out which industry associations and professional
bodies represent your industry. Many industry groups run seminars and networking events that
can help business migrants build a business in Victoria.

Business accountants
To verify the data, analyse it, and use it to generate reports, perform audits, and prepare financial
reporting records, like tax returns, income statements, and balance sheets. An accountant's
analysis can provide information for forecasts, business trends and opportunities for growth.

List three (3) sources of specialist advice/ specialists


required.

1. Food businesses - https://www2.health.vic.gov.au/

2. Small Business – Expertise & advice | https://www.business.gov.au/Expertise-and-Advice

3. Work Health Safety Victoria- https://www.worksafe.vic.gov.au/

Explain four (4) Legal and ethical business


requirements
1. Consumer rights and product requirements
You need to know about your customers’ rights and your legal obligations. The Competition and
Consumer Act 2010 covers anti-competitive conduct, price fixing, unconscionable conduct and
other issues, such as advertising. The Act also sets out consumers’ rights and responsibilities
including returns, refunds, warranties, contracts, marketing and advertising.

2. Anti-discrimination:
It is important to ensure that access to training and promotion for our staff is fair and equitable.
This is addressed to the anti-discrimination act 1977

3. Environment
Environmental laws that affect your business will depend on your business type. Federal, state and
local governments jointly administer the environmental protection laws in Australia. As a business
owner, you need to understand which laws apply to you.

4. Privacy
The Privacy Act 1988 (Privacy Act) regulates how personal information is collected, stored, used

35
and shared. You may also need to check the Do Not Call Register before undertaking particular
marketing activities.

Explain how you would evaluate all areas of the


hospitality business
operation and identify two (2) risks.
To evaluate risk, compare the level of risk for various events against your risk criteria. You should
also check if your existing risk management methods are enough to accept the risk.

Begin by finding out about risk management practices and how you can use them. You should also
talk to others involved in your business (including your employees and customers) to decide on
the best way to manage risk in your business.
Before you decide what to do, you’ll need to work out what your risks are, and which ones are
most urgent:
1. Identify – work out what risks your business could face.
2. Analyse – find the level of the risks and which ones are most urgent.
3. Evaluate – compare the risk against set risk criteria to decide what to do.

The common business risks can be:


1. uncertainty-based – risk from uncertain or unknown events (such as natural disasters or
loss of suppliers)
2. hazard-based – risk from dangerous materials or actions (such as using hazardous
chemicals or working at heights)

List the risks, penalties and consequences of business


non- compliance (refer to your assessment and areas
covered)

The main risk of non-compliance


1. Penalties and Fines
the first and most obvious consequence is the possibility of the organisation being fined for non-
compliance. Fines for the most serious safety breaches are now routinely in the hundreds of
thousands of pounds. Coupled with the need to pay not only your own legal costs but also those
of the prosecution, non-compliance with legislation is a costly exercise.

2. Imprisonment
Individuals can be imprisoned for breaches of health and safety law, with sentences of up to six
months in the Magistrates’ Courts and up to two years in the Crown Courts.

3. Loss of Reputation

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Any organisation which fails to comply with legislation runs the risk of a loss of reputation and
with it the loss of customers. The damage caused to an organisation’s reputation by a criminal
conviction could last longer than the initial financial outlay.

4. Loss of Current Or Potential Staff


If you were applying for a job with a company whom you found had been prosecuted under
Health & safety legislation, or who been found to have broken employment or human rights law.
You probably would not want to work for an organisation which had a poor record in these areas
and so your expertise and knowledge would be lost to the company.

5. Down Time and Loss of Productivity


Breaches of certain laws often result in an organisation having to cease production until the errors
have been rectified. This loss of production will inevitably result in a loss of income which, in a
worst-case scenario, could result in the company going out of business.

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Reference
https://www2.health.vic.gov.au/public-health/food-safety/food-businesses/food-safety-program

https://www.business.gov.au/SearchResult?query=register+business&page=2

https://asic.gov.au/for-business/registering-a-business-name/before-you-register-a-business-name/

https://ablis.business.gov.au/service/vic/food-business-compliance-in-victoria/31183?modal=true

file:///C:/Users/Student/Downloads/Food%20safety%20program%20template%20for%20Class
%202%20version%203%20(1).pdf

https://www.yarracity.vic.gov.au/services/building-in-yarra/building-permit-process-explained

http://sbo-edv.com/2017/10/26/four-areas-your-public-liability-insurance-needs-to-cover/

https://www.gotocourt.com.au/civil-law/vic/duty-of-care/#:~:text=A%20duty%20of%20care
%20is,and%20by%20the%20common%20law.

https://www.legislation.gov.au/Details/C2018C00512

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Assessment 2:

Develop and Communicate

policies and procedures

for legal compliance

39
1. Workplace Health and Safety Policy
Purpose of the policy

 To remove or reduce the risks to the health, safety and welfare of all workers, contractors
and visitors, and anyone else who may be affected by our business operations
 To ensure all work activities are done safely.

Overview of policy
To providing and maintaining a safe and healthy workplace for all workers (including contractors
and volunteers) as well as clients, visitors and members of the public. Hazards and risks to health
and safety will be eliminated or minimised, as far as is reasonably practicable.

Explain the area of business covered


Employers, all employees, everyone in workplace

Details procedure including steps


 Ensure the business complies with all legislation relating to health and safety
 Eliminate or minimise all workplace hazards and risks as far as is reasonably practicable
 Provide information, instruction, and training to enable all workers to work safely
 Supervise workers to ensure work activities are performed safely
 Consult with and involve workers on matters relating to health, safety and wellbeing
 Provide appropriate safety equipment and personal protective equipment
 Provide a suitable injury management and return to work program

Utilises illustrations, analogies, models, (where appropriate) etc

40
Identifies any prerequisite knowledge and skills (if any)
 Know how to take reasonable care for their own health and safety
 Follow safe work procedures, instructions, and rules
 Participate in safety training
 Report health and safety hazards
 Report all injuries and incidents
 Use safety equipment and personal protective equipment as instructed

Lists all documents to be used within the procedure


Details where records will be stored (and for how long)
Related Documentation
 OHS Consultation and Communication Procedure
 OHS Responsibilities Procedure
 OHS Legislation Register
 OHS Management System Audit Procedure
All records relating to health and safety in the workplace includes:
 Health and safety policies and procedures
 Standard operating procedures
 Register of injuries
 Workplace health and safety committee meeting minutes
 Equipment records including inspecting, maintenance, and repair

Details any exclusions (where appropriate)

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

41
2. Food Safety policy
Purpose of the policy

To identify and manage hazard to food safety that may occur in all food handling operations
carried out in restaurant

Overview of policy
Food safety policy is an important and compulsory tool for any premises that handle process or
sell potentially hazardous foods, and it helps to maintain safe food handling practices and protect
consumer health.

Explain the area of business covered


For any workplace areas involved in the supply, preparation or serving of food, the food safety
covers all stages of the production.

Details procedure including steps


1. Conduct a hazard analysis where we analyse processes and identify where the risks are
2. Determine the critical control points (CCPs) at each stage where a hazard could occur
3. Determine the critical limits that must be met to ensure food safety, such as cooking
temperature and time, cooling time, storage temperature and time
4. Establish monitoring procedures, such as visual observations and measuring of
temperatures
5. Decide the action we need to take when some things go wrong
6. Establish verification procedures to make sure corrective actions are working through
checking reports.
7. Set up record-keeping and documentation procedures to have proof for food hygiene
inspectors that we are taking appropriate safety measures

Utilises illustrations, analogies, models, (where appropriate) etc


4 steps of Food Safety

Identifies any prerequisite knowledge and skills (if any)


 Knowledge of food safety procedures/systems
 Knowledge of food safety standards
 Knowledge of ways that ensure that your business produces safe food
 The skill needed to check the chicken to make sure it is thoroughly cooked
 Knowing the correct storage temperatures for both raw and cooked chickens
 The skills needed to make sure that equipment is set at the right temperature

42
Lists all documents to be used within the procedure
Details where records will be stored (and for how long)
Documents to be used within the procedure:
 List of hazards and details of the hazard analysis
 CCP determination
 Critical limit determination
 Training needs analysis

All data will be recorded in computer system and it will last for up to 1 years.

Details any exclusions (where appropriate)

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

43
3. Incident and accident reporting:
Purpose of the policy

To make sure that incidents are investigated according to the injury, or injury potential of an event,
in accordance with company policy and OH&S legislation.

Overview of policy
It is designed to outline the purpose and procedure for reporting any on-the-job accidents. The
company is committed to enforce all health and safety guidelines to avoid such occurrences and
expects employees to comply.

Explain the area of business covered


This accident report policy affects all employees and independent contractors.

Details procedure including steps


The accident and any sustained injuries must be recorded to an accident database or file.
The officials responsible must initiate an investigation or request an investigation from authorities
if appropriate.
The employee who reported the accident has to cooperate if called in for questioning to provide
details needed. As a general rule, the employee must provide information in the incident report as
accurately as possible on the following:
 The place of the accident
 The date and time of the accident
 The people involved or injured
 Their position or involvement in the accident
 Their actions immediately after the accident

Utilises illustrations, analogies, models, (where appropriate) etc


Provide a mechanism for reporting accidents, incidents, work-related illness and dangerous
occurrences

Investigate accidents to determine the root cause with the objective of preventing a recurrence

Obtain statistical information about the accident or incidents

Meet legislative requirements for reporting accidents and incidents

44
Identifies any prerequisite knowledge and skills (if any)
 Knowledge of how to reduce hazards
 Knowledge of reporting accident to right person

Lists all documents to be used within the procedure


Details where records will be stored (and for how long)
Documents required
 Hazard report
 Employee incident report
 Risk assessment plan
 Hazards management plan

All the reports will be stored in files and relevant information will be recorded in computer system.
All the information will be stored as long as business operation.

Details any exclusions (where appropriate)

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

45
4. Consumption of alcohol:
Purpose of the policy

Provide knowledge and awareness to responsibly serve alcohol in licensed premises.

Overview of policy
The guidelines for serving alcohol are to ensure the safety and well-being of every person that
attends the restaurant premises. Alcohol will be served in accordance with the restaurant’s values
and requirements of the restaurant’s liquor licence

Explain the area of business covered


Where it should outline the basics of the liquor standard pours, inventory, and understanding the
different types of alcohol, beer, and wine that will be served. The bartender, waiters and relevant
staffs should also touch on opening and closing duties, how to safely serve alcohol to patrons, and
how to guard against serving minors

Details procedure including steps


1. Employer provides training to staffs regarding to the knowledge of alcohol consumption.
2. Make sure employees understand which areas of your establishment and products are age
restricted.
3. Review establishment policies pertaining to alcohol access and service and stress the
expectation that they be followed.
4. Provide this information verbally and in writing; require them to sign an
acknowledgement form.
5. Make sure the person understands the potential consequences for not complying with
laws or policies.
6. Emphasize that employees are encouraged to refuse any order if they believe it may
violate a law or business policy.
7. Make sure employees are aware of how and when they should communicate situations or
issues to management.
8. Consider having employee’s role play scenarios related to the service of alcohol

Utilises illustrations, analogies, models, (where appropriate) etc

Identifies any prerequisite knowledge and skills (if any)


 Skills to reject underage or suspicious customers
 Knowledge about qualifications of alcohol consumption
 Skills to identify suspicious situation

46
Lists all documents to be used within the procedure
Details where records will be stored (and for how long)
Documents to be used within the procedure:
 Alcohol consumption policy
 Stock report

All the reports will be stored in files and relevant information will be recorded in computer system.
All the information will be stored as long as possible until the business ends

Details any exclusions (where appropriate)

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

47
5. Payroll:
Purpose of the policy

The aim of this procedure is to enable staff to promptly find answers to payroll issues regarding
pay, leave, employment entitlements and conditions of the workplace

Overview of policy
A payroll policy describes the payroll process as it relates to administration of salaries,
timekeeping, payroll schedules and payment methods.

Explain the area of business covered


Employer, all employees

Details procedure including steps


 Pay Periods are every two weeks. All pay checks for two-week pay periods will be
distributed within five working days after the last working day of the pay period. Pay
checks are directly deposited into individual employee checking or savings accounts.
 Payroll checks will be direct deposited to employees. Check stubs will be available within
7 (seven) working days. Employee’s checks will not be given to anyone except the
employee, unless a written consent has been sent to the Executive Director in advance of
the payroll. Note: (The Executive Director cannot accept verbal permission to distribute
an employee’s Paycheck to another party).

Procedures:
1. Each employee will complete and submit a signed individual time sheet showing hours
worked, sick time, vacation time and holiday time taken.
2. Each supervisor will review for accuracy and sign time sheets. All time sheets are to be
sent to the Executive Director for approval and signature.
3. If an employee has not yet enrolled for direct deposit, the payroll check will be distributed
to the employee normally, no earlier than 4 P.M. the fifth (5TH) workday following the
close of the pay period.
4. Payroll deductions will be made for F.I.C.A., Federal and State Income Taxes, applicable
health benefits and any other amounts required by State or Federal law. These
accumulated deductions will be submitted to the proper entity on or before their due
date.
5. An accounting of deductions will be given to the employee as part of the payroll
documentation. Staff are instructed to verify that the deductions are correct and maintain
their pay stubs.

48
Utilises illustrations, analogies, models, (where appropriate) etc

Identifies any prerequisite knowledge and skills (if any)


 All employees are required to submit a time sheet, which must be received by managers
or supervisors

Lists all documents to be used within the procedure


Details where records will be stored (and for how long)
Record
 Regular monthly bills, i.e. Telephone bill, Electric bill, etc.
 All expenses incurred by staff, that the Executive Director has approved

Details any exclusions (where appropriate)

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

49
6. Name of policy / procedure:
Purpose of the policy

To prevent discrimination and ensure that all staffs feel safe, respected and fully valued at
workplace.

Overview of policy
To prevent discrimination and protect our employees, customers, and stakeholders from offensive
and harmful behaviours. This policy supports our overall commitment to create a safe and happy
workplace for everyone.

Explain the area of business covered


This policy applies to all employees, contractors, visitors, customers and stakeholders.

Details procedure including steps


To ensure that the conduct and processes are fair and lawful by:
 Using inclusive language in job ads and include EEO statements.
 Setting formal job-related criteria to hire, promote and reward team members.
 Offering compensation and benefits according to position, seniority, qualifications, and
performance, not protected characteristics.]
 Accommodating people with disabilities.
 Requiring managers to keep detailed records of their decisions concerning their team
members and job candidates.

Utilises illustrations, analogies, models, (where appropriate) etc

Identifies any prerequisite knowledge and skills (if any)

All employees should have knowledge and the right to be treated fairly at work.

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Lists all documents to be used within the procedure
Details where records will be stored (and for how long)
Documents relate to the following Federal Laws:
 Sex Discrimination Act 1984
 Racial Discrimination Act 1975
 Disability Discrimination Act 1992
 Age Discrimination Act 2004
 Australian Human Rights Commission Act 1986

Details any exclusions (where appropriate)


Punishment for discriminatory behaviour depends on the severity of the offence.

Tips:
Lists (or depicts) sequentially exactly what must be done (whilst
noting exceptions)
Ensures each step is neither too large or too small
Includes hints and helps (where appropriate)
Allocates responsibility for implementation

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Job Description 1:
JOB DESCRIPTION
JOB TITLE: <Role name>

Barista

JOB TYPE: <Type of employment>

Full-time worker

LOCATION: <The physical address that the employee will work at. If the job requires travel, state
the primary location>

Collingwood, Melbourne

SUPERVISOR/MANAGER: <Who the employee will report to

Jirapat

MAIN DUTIES/RESPONSIBILITIES:
<Outline the duties and responsibilities of the position>

 Promotes coffee consumption by educating customers; selling coffee and coffee


grinding and brewing equipment, accessories, and supplies; preparing and serving a
variety of coffee drinks, along with pastries and cookies.
 Welcomes customers by determining their coffee interests and needs.
 Sells coffees and coffee grinding and brewing equipment by explaining differences in
coffee beans and coffee preparation machines; demonstrating how brewing equipment
operates.
 Prepares and sells coffee drinks by following prescribed recipes and preparation
techniques for coffee drinks, such as, espresso, espresso lungo, caffe latte, and
cappuccino.
 Maintains inventories by replenishing coffee bean supply; stocking coffee brewing
equipment; maintaining supplies, pastries, and cookies for coffee bar.
 Keeps equipment operating by following operating instructions; troubleshooting
breakdowns; maintaining supplies; performing preventive maintenance; calling for
repairs.

SKILLS & EXPERIENCE

 Coffee Bean Grinding.


 Espresso Machine & Tamping.
 Knowledge of Coffee Brews & Roasts.
 Brewing Coffee Manually & Automatically.
 Speed and Efficiency.

Qualifications: <What qualifications, licences or education level does the employee need?>

• Right work in Australia


• RSA
• TFN

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Experience: <What type and how much experience is needed?>

• +2 years with customer service


• +1 barista experience

PERFORMANCE GOALS:
<The level of performance you expect from the employee >

 Reliable

 A clear communicator

 Punctual

 A 'can do', team player attitude and positive approach to customers

Job Description 2:
JOB DESCRIPTION
JOB TITLE: <Role name>

Waiter/ waitress staff

JOB TYPE: <Type of employment>

Part-time worker

LOCATION: <The physical address that the employee will work at. If the job requires travel, state
the primary location>

Collingwood, Melbourne

SUPERVISOR/MANAGER: <Who the employee will report to

Jirapat

MAIN DUTIES/RESPONSIBILITIES:
<Outline the duties and responsibilities of the position>

 Provide excellent customer services


 Always strive towards best customer satisfaction
 Greet customers and present menus
 Make suggestions based on their preferences
 Take accurate food and drinks orders, using a POS ordering software, order, slips or
by memorization Arrange table settings
 Keep tables clean and tidy at all times

SKILLS & EXPERIENCE

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 Have proven experience in café experience
 Be a team player
 Be in the habit of using your initiative
 Display confidence with a fun and friendly personality
 Demonstrate that the customer is your number one priority regardless of your role
 Have a can-do attitude
 Be able to work a rotating roster, or commit to a regular structure that works for all

Qualifications: <What qualifications, licences or education level does the employee need?>

 High school diploma


 RSA certificate
 Right work in Australia

Experience: <What type and how much experience is needed?>

 +1 years with customer service

Skills: <List skills needed for the job, including any technical or interpersonal skills>

 Hands-on experience with cash register and ordering information system (e.g. Revel
POS or Toast POS)
 Good communication
 Customer service

PERFORMANCE GOALS:
<The level of performance you expect from the employee >

 Critical thinker and problem-solving skills


 Team player
 Good time-management skills
 Great interpersonal and communication skills

Reference:
https://www.worksafe.vic.gov.au/resources/controlling-ohs-hazards-and-risks-handbook-
workplaces
https://www.industrysuper.com/understand-super/super-guarantee-calculator/super-
guarantee-changes/
https://foodservices.insureon.com/resources/cost/restaurants
https://www.aihw.gov.au/reports-data/behaviours-risk-factors/alcohol/overview
https://bizfluent.com/about-7396105-payroll-policy-procedures.html

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ASSESSMENT 3
Ensure compliant
legal requirements
and
maintain personal
knowledge
of regulatory
requirements

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ASSESSMENT 3 Written report
Ensure compliant legal requirements and maintain personal knowledge of
regulatory requirements
In this assessment you will need to provide a report of no less than 600 words that highlights;

When would you need to communicate with regulatory authorities?

In most cases, the Regulatory Authority is needed to contact for:


 submitting application and notification forms
 temporary and service waivers
 provider, service and certified supervisor approvals
 assessment and rating
 regulatory requirements that apply in your state or territory.

Or when business:
 opening
 apply for license or permission
 updating the law and regulation changes

Who might be three (3) regulatory authorities you might seek


support from before, during and after you have established your
food and beverage business?
Before opening food business, we need contact with Local council (City of Melbourne), to get
advice on starting business and setting up or buying new food premises. All food business must be
registered through local council to ensure that they comply with the Food Act 1984 requirements.

During and after food business operating: we should keep contact with
 Food Safety Authority Australia and New Zealand (FSANZ) , to comply with all food safety
regulation requirements. This document needs to be updated regularly and must be kept
on the premises of food business and it could be audited at any time.
 Australian compensation and consumer commission (ACCC) is an independent authority of
the Australian Government. To ensure that individuals and businesses comply with
Australian competition, fair trading, and consumer protection laws administered under the
Competition and Consumer Act 2010

Describe the steps you would take to access legal advice from
professional support.

 Schedule a free legal consultation with a local attorney.


 Look into federally funded legal aid programs.
 Take advantage of the free legal services offered by your local county or state courts.
 Contact free legal advice from Victoria Legal Aid by
o Get help over the phone
o Get help online with Legal Help Chat
o See a lawyer
o Get help at court

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When you would liaise (communicate) with other colleagues
regarding the implications of legislative change?
When there are any legislative changes on operational aspects, all staffs should be informed. It
needs to communicate with staffs early and engaging with them before that legislations are
effective.
Why would you liaise (communicate) with other colleagues on
operational aspects of the Hospitality business?

To ensure that all staffs are following all business aspects and it allows the business to be
productive and operate effectively.

When would you check contractor compliance and why?

Keeping contractors informed by monthly or yearly, regarding their evolving duties and updating
documents throughout the length of the job is important. It’s the best way to ensure that legal
requirements are being met and the OHS knowledge which employees require is always
appropriate for their tasks.

When would you use a range of workplace activities (describe the


activities) to maintain knowledge of new legislative requirements?
When there are any risk and hazards activities that cause of injury or accident in workplace. The
range of activities including lifting, pushing, pulling, holding, restraining, throwing and carrying. It
includes repetitive tasks such as parking, typing, assembling, cleaning and sorting, using hand-
tools, operating machinery and equipment.

Explain how you will implement new procedures required to


maintain business compliance.

Step1: identify and use a range of opportunities to maintain knowledge of current regulatory
requirement
By using organisational communication method to share updated regulatory knowledge
 Provide clear and accurate information to personnel about roles and responsibilities in
regulation
 Consult with regulatory authorities to determine the scope of compliance requirements

Step2: develop a training program


Based on the requirements identified in the training needs analyses one or more training and
development programs may be developed. Training and development programs may be at the
accountability area level (e.g. for the Department of Health), the functional area level (e.g. a work
unit) or specific to an individual or a role

Step3: Continuously review and distribute plans, policies, and procedure for compliance with
current laws and regulation requirements.

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What types of training will provide staff to allow for the adaption of
the new requirements?

Providing seminars to train staffs about the new requirement, on the job training, to exercise on the
new requirement.

Explain how you will monitor and review these requirements

 Provide staff meeting to ensure that they keep up on date


 Regularly check on review policies regularly to ensure they are current and in line with any
changes within the organization.
 Require feedback after training to check the result

Explain how you will evaluate the policies and procedures for
effectiveness and compliance with the Hospitality business.

 The workers should be supervised to ensure application of learnings and safe work
procedures.
 Refresher training or re-certification requirements should be monitored, and workers
provided notification as applicable.
 Provide staff meeting to ensure that they keep up on date
 Regularly check on review policies regularly to ensure they are current and in line with any
changes within the organization.

PowerPoint presentation

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ASSESSMENT 4
WRITTEN ASSESSMENT

You are required


to re-write each question,
providing a question
number and your response.

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Assessment 4- written assessment
1. What is consideration in relation to a Hospitality business contract?

Consideration is an important part of the contract. Consideration is a benefit which must be


bargained for between the parties and is the essential reason for a party entering into a contract.
Common types of consideration include real or personal property, a return promise, some act, or a
forbearance. Consideration or valid substitute is required to have a contract.

2. Describe 6 essential elements of a Hospitality business contract

1) Offer: An offer can be communicated in any form, generally an offer is a promise to do


something, if the person the offer is directed towards does something in return.
2) Acceptance: An acceptance is a legally binding statement by the offeree, agreeing to the offer
from the offeror.
3) Consideration: Consideration refers to the price that the offeree asks for in exchange for their
promise. Can also be seen as the price of the promise.
4) Capacity: For a contract to be valid both parties must have the capacity to enter into a legally
binding contract. As there are certain persons or classes of persons that lack the capacity to
enter into a contract.
5) Legality: For a contract to be legally binding the contract must first be legal. All parts of the
contract must follow Australian Law for it to be a valid contract.
6) Intent: For a contract to be legally binding both parties must have the intention to enter into a
legal relation. If it is proven that intent is not present in either of the parties, the contract
becomes invalid and will not be valid in a court of law.

3. List 6 things to be aware of when entering or negotiating a Hospitality business contract

1) verbal or writing representation of the contract


2) reduce the contract to writing
3) observe the formality
4) tendering process
5) capacity contract
6) restraint from accepting

4. What are the obligations of a Hospitality workplace in relation to EEO and harassment?

The obligations of a hospitality workplace in relation to EEO and harassment is that the employers
are required not to discriminate against employee and job applicants based upon certain
characteristics, such as age, race, colour, creed, sex, religion, and disability.

5. Under Australian Consumer Laws, what are a Hospitality organizations responsibility in relation
to:

Refunds: under the Australian Consumer Law, the hospitality business organization is required to
give a refund or replacement for an item/product if there is a major problem with a product covered
by consumer guarantees.

Exchanges: If a product that a consumer buy fails to meet a consumer guarantee, the business
organization is obliged to provide an exchange of for the product under the Australian Consumer
Law.

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Cancellations: under the Australian Consumer Law, if the business cannot fix a required service,
major/minor problem within a reasonable time, the consumer has the right to cancel the contract.

6. What is the main objective of the Food Safety Act? What does it cover?

It is the statutory obligation to treat food intended for human consumption in a controlled and
managed way. The key requirements of the Act are that food must comply with food safety
requirements, must be "of the nature, substance and quality demanded", and must be correctly
described (labelled).

Legislation covers all parts of the food production and distribution chain, including:

 production.
 processing.
 packaging and labelling.
 importing.
 distribution.
 retailing and.
 catering.

7. How do the Food Safety Standards affect the Hospitality Trade?

 Loss of reputation of the business.


 Business may be fined.
 Business may be collapsed.

8. As a food handler, what are your personal hygiene requirements as set out in Food Safety
Standards 3.2.2, division 4.15?

• take all practicable measures to ensure his or her body, anything from his or her body, and
anything he or she is wearing does not contaminate food or surfaces likely to come into
contact with food;

• take all practicable measures to prevent unnecessary contact with ready to-eat food;

• ensure outer clothing is of a level of cleanliness that is appropriate for the handling of food
that is being conducted;

• only use on exposed parts of his or her body bandages and dressings that are completely
covered with a waterproofed covering;

• not eat over unprotected food or surfaces likely to come into contact with food;

• not sneeze, blow or cough over unprotected food or surfaces likely to come into contact
with food;

• not spit, smoke or use tobacco or similar preparations in areas in which food is handled; and

• not urinate or defecate except in a toilet

9. What are your legal requirements in regard to the reporting of health and illness whilst working
with food and beverages?

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If a food handler has a foodborne illness or has vomiting, diarrhea, a fever, or a sore throat with a
fever they must inform their supervisor. The food handler must not handle any food where there is a
chance, they might make the food unsafe or unsuitable.

10. How does a general liquor license differ from a package liquor license?

Package liquor license is a business license for liquor that enables them to sell alcohol to the public,
to be consumed away from their premises such as bottle shops/ supermarkets while the General
liquor license authorizes a business to supply liquor to customers on their premises during ordinary
trading hours for consumption on and off the premises, supply liquor at any time to a resident, or
guest of a resident, of the licensed premises, supply liquor to guests.

11. List 2 conditions of an on-premises liquor license?

 supply liquor on the premises during ordinary trading hours


 supply liquor between 11PM and 1AM on the following day if approved by the agency

12. What are the penalties for supplying liquor to an intoxicated person, or allowing drunk or
disorderly persons on your Hospitality premises? What defence may you put forward?

 Supplying liquor to an intoxicated person or allowing drunk or disorderly person on your


premises might cause the licensees to be issued with a fine on the spot through an
infringement notice and incur demerit points. It is also an offence for other persons to obtain
alcohol or aid and abet an intoxicated person, with a maximum fine exceeding $2,000.

 The defence that you might put forward is to reason out that you are not aware that the
person was intoxicated or drunk before you serve him/her a liquor.

13. What is the current Taxation Ruling relating to the retention of Hospitality business records?

The current taxation ruling relating to the retention of the business records, business must keep their
business record for at least five years.

14. Provide an explanation and an example of each the following terms:

GST free purchase – GST free purchases are those goods and/or services purchase that is registered
as a GST free, such as, most basic foods, some medical, health and care services, some religious
services and charitable activities, etc.

Capital purchase – capital purchases are capital items that the business purchase including, business
assets such as machinery, computers and cars and land and building.

Input taxed supplies – input taxed is a supply that the seller cannot charge GST on and also cannot
claim any GST incurred in relation to that supply. Such as interest income, dividend income or
residential income.

Non-GST – it is the supply of goods and services that does not come under the purview of GST while
other taxes maybe applicable. Example of non-GST are petrol, alcohol, etc

15. Provide an explanation of the following terms:

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• Taxable sales – taxable sales are the total value of a company’s sales that are subject to
the sales tax.

• GST input tax credits – GST input tax credit is a credit for the tax included in the price of
your business inputs.

• Net GST payable – Net GST payable is the amount paid or payable

16. Some items included in the G1 label at the GST section of a BAS statement are gross sales,
interest earned and gross fees for services. List 4 items that should not be included.

• Wages

• Superannuation

• Tax payment

• Fines

17. What does the Superannuation Guarantee (Administration) Act 1992 regulate?

The Superannuation Guarantee (Administration) Act 1992 is the primary legislation affecting
employers and details the administrative arrangements for the operation of the Superannuation
Guarantee (SG) scheme, including assessment of the employer's liability, calculation of the SG
charge, payment of the charge and distribution of payments received. The Superannuation
Guarantee Charge Act 1992 imposes a charge on employers who do not provide the required level of
superannuation payments for employees

18. Under the Superannuation Guarantee (Administration) Act 1992, what are Hospitality
employers required to do in terms of superannuation?

Requires all employers to provide a set, minimum level of superannuation each year for each
employee. Where an employer fails to provide the minimum level of support, the employer is liable
to pay the SGC (like a tax).

19. Describe the following business structures in terms of tax and ownership:

Sole trader - Sole trader structure allows businesspeople to use their individual Tax File Number to
lodge tax returns and gives them a full control of their assets and business decision.

Partnership - Partnership requires a separate Tax File Number and must apply for ABN for all
business dealings. Unlike sole trader, partnership business owners have shared control and
management of the business with their partners

Company - Company must be registered for goods and services tax (GST) if the annual GST turnover
is $75,000 or more. It also requires business owners to understand and comply with all obligations
under the Corporation Act 2001. In this business structure, means business operation are controlled
by directors and stakeholders.

20. Describe how the PAYG system works in the Hospitality industry.

Pay as you go (PAYG) is a system for making regular payments towards your expected end of year
income tax liability. You report and pay your PAYG instalments on your business activity statement
(BAS).

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21. What is the main objective of the Fair Work System?

The purpose of this system is to provide a balanced framework for productive workplace relations
which promotes national economic prosperity and social inclusion for all Australians.

22. Describe the 5 minimum employment conditions as set out by the Australian Fair Pay and
National Employment Standards?

1. Maximum weekly hours

2. Requests for flexible working arrangements

3. Parental leave and related entitlements

4. Annual leave

5. Personal carers leave and compassionate leave

23. What is the name of the Act that employees and employers must adhere to regarding
workplace safety in each state of Australia? (Victoria)

 Occupational Health and Safety Act 2004 (Vic) Occupational Health and Safety Act 1984 (WA)
 Work Health and Safety Act 2011 (ACT) Australian Capital Territory, Work Health and Safety
Act 2011 (NSW) New South Wales
 Work Health and Safety Act 2011 (NT) Northern Territory Work Health and Safety Act 2011
(Qld) Queensland
 Work Health and Safety Act 2012 (SA) South Australia Work Health and Safety Act 2012 (Tas)
Tasmania

24. What is the purpose of OHS/WHS legislation?

The purpose of the Work Health and Safety laws (WHS laws) is to protect the health, safety and
welfare of employees, volunteers and other persons who are at, or come in to contact with a
workplace. Different laws exist in each state and territory.

25. Describe the employer’s responsibility in relation to workplace health and safety.

 Provide a workplace free from serious recognized hazards and comply with standards, rules
and regulations issued under the OSH Act.
 Examine workplace conditions to make sure they conform to applicable OSHA standards.
 Make sure employees have and use safe tools and equipment and properly maintain this
equipment.
 Keep records of work-related injuries and illnesses. (Note: Employers with 10 or fewer
employees and employers in certain low-hazard industries are exempt from this
requirement.

26. What is ‘duty of care’, and how does it apply to managers within the hospitality industry?

A duty of care is a legal obligation which is imposed on an individual requiring adherence to a


standard of reasonable care while performing any acts that could foreseeably harm others.

27. What a hospitality business to reduce your risk of public liability?

 taking adequate safety measure,

64
 having an appropriate insurance coverage,
 seeking the right professional advice, and
 by learning from the mistake of others

28. What are your obligations as an employer in relation to workers compensation?

Employers obligation in relation to workers compensation is to participate and cooperate in the


development of the worker’s return to work plan and to provide suitable duties that a worker can
perform safely as the employee recover from injury.

29. Describe the steps an employee should take if they are injured at work (in terms of workers
compensation)

1. Obtain first aid or other necessary medical treatment as soon as possible.


2. Notify your immediate supervisor/manager about the injury and the way in which it is
occurred, as soon as possible.
3. Complete a necessary paperwork relating to your incident.
4. Follow doctor's instructions to speed full recovery.
5. Attend an Independent Medical Examination if you are required to do so.
6. Go back to work as soon as you are able.

30. Describe Australia’s workplace relation system.

The national workplace relations system is a collection of legislation that applies to most employees
and employers in Australia. It includes the Fair Work Act 2009, the National Employment Standards,
registered agreements and awards.

31. List 7 different ways you can maintain your knowledge of regulatory requirements within the
hospitality sector

1. Subscribe to newsletter related to hospitality business


2. Keep updated from your local council
3. Participate to hospitality activity
4. Talk to other business owner
5. Be a part of a hospitality association
6. Attend a networking hospitality event
7. Talk to your lawyer regarding updates on hospitality business.

32. Identify and describe the basic requirements for two licenses and what might cause these
licenses to be deemed non-compliant and therefore cancelled as a result?

Liquor licence

The penalties of non-complaint: Maximum penalty of $5,338 for individuals (if the premises is not in
a restricted area)

Licence to Play Music in the Workplace

The penalties of non-complaint: Penalties for copyright infringement range from injunctions,
damages and costs through to fines of up to $60,500 for individuals and up to $302,500 for
corporations for each infringement and/or up to 5 years imprisonment per offence. Police can also
issue on-the-spot fines of $1320 per offence and seize any pirate product.

65
33. Briefly explain the basic requirements of the Federal Government’s Superannuation Guarantee
Levy.

Employer need to pay superannuation contributions at least four times a year, by the cut off dates
each quarter. The minimum super amount you have to pay currently is 9.5% of an employee's
ordinary time earnings.

34. Briefly describe the key responsibilities of an employer under the Commonwealth “Racial
Discrimination Act 1975”

It is unlawful for an employer or a person acting or purporting to act on behalf of an employer, to


refuse or fail to employ a second person on work of any description which is available and for which
that second person is qualified; to refuse or fail to offer or afford a second person the same terms of
employment, conditions of work and opportunities for training and promotion as are made available
for other persons having the same qualifications and employed in the same circumstances on work
of the same description; or to dismiss a second person from his or her employment; by reason of the
race, colour or national or ethnic origin of that second person or of any relative or associate of that
second person.

35. Briefly describe the key responsibilities of an employee under the Commonwealth “Racial
Discrimination Act 1975”

 Not discriminate against other work colleagues.


 Provide a discrimination free workplace.
 Encourage a collaborative and inclusive work environment

36. To ensure that chefs and cooks in a Hospitality business comply with the Food Act, what might
be 3 procedures that you could establish and put into place in your Hospitality business?

 Hand washing procedure

 Food safety program

 PPE program

37. Describe the main objectives of the Copyright Act 1968 in relation to the operation of a
Hospitality business and provide 2 examples.

Copyright is a right belonging to the owner or licensee of a literary, artistic or dramatic work, film or
sound recording, to reproduce, perform or otherwise deal with the work. The law of copyright in
Australia is contained in the Copyright Act 1968.

 Example 1: using in my restaurant recipes that already exist.


 Example 2: music that is played by a DJ in a bar must be credited back to the artist.

38. Explain the main purpose of the Privacy Act 1988 and 3 types of customer information that a
Hospitality business must keep private.

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The law which regulates the handling of personal information about individuals. Personal
information is information or an opinion about an identified individual, or an individual who is
reasonably identifiable. Three types of information that the business must keep private:

 Customer’s name

 Contact information

 Customer’s address

39. Where might your source documentation that explains the operational and legislative
requirements of a Hospitality business?

• Business.gov.au

• Local council

40. List 6 ways that you can update your knowledge on hospitality compliance.

1) Subscribe to newsletter related to hospitality business


2) Keep updated from your local council
3) Participate to hospitality activity
4) Talk to other business owner
5) Be a part of a hospitality association
6) Attend a networking hospitality event

41. It is excellent business practice to network with…

Suppliers to the hospitality industry

42. Apart from updating your knowledge on hospitality compliance, list 4 other ways you could
source opportunities to maintain your knowledge of regulatory Hospitality requirements

 Contact with local council


 Participate the industry roads shows and seminars
 Subscribe to hospitality newsletter
 Network with another colleague

43. List 3 legal responsibilities of managers and directors of a Hospitality business.

 Responsibility to provide training to their employees in HACCP (Hazard Analysis of Critical


Control Points) or similar Food Safety plans in place.
 Managers/directors must report to the liquidator on the affairs of the company if the
company is being wound up.
 Managers/directors must exercise care and diligence

44. Why must a hospitality business maintain occupational licensing and certification
requirements?

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The licensing provides consumers with evidence of capability. Only appropriately qualified persons
are able to undertake prescribed work types. Clients are safeguarded from contractors or service
providers who may have insufficient knowledge and experience to undertake the proposed work

45. List 3 statutory record keeping requirements that a hospitality business needs to maintain
compliance.

 Food safety program


 WHS/ OHS
 BAS statement

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