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Assessment-1 SITXGLC001 RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS Student Must Fill this Section Qualification SIT50416 Diploma of Hospitality Management Student Name: Imran Ali Student ID: S20933 Term: Year: Privacy Release Clause: “I give my permission for my assessment material to be used in the auditing, assessment validation & moderation Process”. Authenticity Declaration: “I declare that: The material I have submitted is my own work; I have given references for all sources of information that are not my own, including the words, ideas and images of others”. Student Signature: Date:15/06/2 022 Assessment Outcome Assessor Name: Attempt Satisfactory Not Yet Satisfactory Date Assessor Signature Initial attempt 2 nd attempt/Re- assessment WSC-ASSSITXGLC001-V1.0-24032020 Page | 1 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
WSC-ASSSITXGLC001-V1.0-24032020 Page | 2 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M Information for Student: All work is to be entirely of the student. General Information for this assessment: Read the instructions for each question very carefully. Be sure to PRINT your FIRST name & LAST name in every place that is provided. Short questions must be answered in the spaces provided. For those activities requesting extra evidence such as: research reports, essay reports, etc. The student must attach its own work formatted in double space, Arial 12 pts. All activities must be addressed correctly in order to obtain a competence for the unit of competency. If the student doesn’t understand the assessment, they can request help from the assessor to interpret the assessment. Re-submission of assessment after the term will incur additional fees. Re-assessment of Result & Academic Appeal procedures: If a student is not happy with his/ her results, that student may appeal against their grade via a written letter, clearly stating the grounds of appeal to the Chief Executive Officer. This should be submitted after completion of the subject and within fourteen days of commencement of the new term. Re-assessment Process: An appeal in writing is made to the Academic Manager providing reasons for re-assessment /appeal. Academic Manager will delegate another faculty member to review the assessment. The student will be advised of the review result done by another assessor. If the student is still not satisfied and further challenges the decision, then a review panel is formed comprising the lecturer/trainer in charge and the Academic Manager OR if need be an external assessor. The Institute will advise the student within 14 days from the submission date of the appeal. The decision of the panel will be deemed to be final. If the student is still not satisfied with the result, the he / she has the right to seek independent advice or follow external mediation option with nominated mediation agency. Any student who fails a compulsory subject or appeals unsuccessfully will be required to re-enrol in that subject. The cost of reassessment will be borne by the Institute. The external assessor will base his/her judgement based on principles of assessment. These principles require assessment to be reliable, fair, practical and valid. Academic Appeals: If you are dissatisfied with the outcome of the re-evaluation process, you have a right to appeal through academic appeals handling protocol. To appeal a decision, the person is required to complete the WSC- Request for Appeal of a Decision form with all other supporting documents, if any. This form is available via our website. The completed Request for Appeal form is to be submitted to the Student Support Officer either in hard copy or electronically via the following contact details: Student Support Officer, Western Sydney College (WSC), 55 High St, Parramatta NSW 2150, Email: info@wsc.nsw.edu.au
Comments/Feedback to Students WSC-ASSSITXGLC001-V1.0-24032020 Page | 3 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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Assessment Task 1: Written questions T ASK SUMMARY You are to answer all written questions. R ESOURCES AND EQUIPMENT REQUIRED TO COMPLETE THIS TASK Access to textbooks and other learning materials. Access to a computer, printer, Internet and email software (if required). Access to current legislation. Access to plain English regulatory documents distributed by government regulators. Access to codes of practice and standards issues by regulatory authorities Sources of specialist legal advice, including: Industry associations Local, state/territory or commonwealth departments or regulatory agencies. Regulatory information and business management manuals issued by industry associations or commercial publishers. Current commercial policies and procedures used to manage regulatory issues. W HEN AND WHERE DO I NEED TO COMPLETE THIS TASK ? This task may be done in your own time as homework or you may be given time to do this task in class (where applicable). Your assessor will provide you with the due date for this assessment. W HAT DO I NEED TO SUBMIT ? Your answers to each question in this task. I NSTRUCTIONS This is an open book test – you can use your learning materials as reference. You must answer all questions in this task correctly. You must answer the questions by typing your answers in Microsoft Word or a similar program – your assessor will advise as to whether you must email them your completed assessment, submit the file on a USB drive or hand in a hard copy. WSC-ASSSITXGLC001-V1.0-24032020 Page | 4 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
Q UESTION 1 List ten sources of information that can be used to research compliance requirements for operating a business. Unions Media Training course Seminars Industry association Discussion with experienced industry personal Library Reference books Lawyer Accountant Government issues document Q UESTION 2 a) Name three sources from which you might obtain specialist legal advice when researching legal compliance requirements for a business. a. Lawyer b. Industry association c. Local d. State or federal government department b) Give three factors you should take into account when determining whether or not to obtain specialist legal advice regarding the legal compliance obligations imposed by operating a business. The amount of money involved Role and responsibility of the issues The risk or penalty for noncompliance WSC-ASSSITXGLC001-V1.0-24032020 Page | 5 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
Q UESTION 3 Describe three ways managers of a business can ensure their staff have ready access to the current regulatory policies and procedures they have developed for the business? Staff meeting Memos On the job training sessions. Question 4 What are five ways you might organise/provide information updates to staff regarding legal compliance issues? 1. Email to staff 2. Training session 3. update revisions staff handbooks 4. Staff meeting 5. Distribute hard copy update Question 5 What are three ways to communicate with regulatory authorities when planning business operations? 1. Email 2. Visit the government office 3. Telephone Q UESTION 6 a) List three actions organisations can take to ensure they maintain required business licences for their operation. 1. Pay fees and charges 2. Comply with legal requirement 3. Renew licences when due b) Describe two types of contractors that should be checked for compliance prior to conducting work to avoid risk to the business. WSC-ASSSITXGLC001-V1.0-24032020 Page | 6 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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a. Suppliers, food and beverages, trades people. b. Plumbers, electrician and refrigeration service people Q UESTION 7 Identify six opportunities that can be used to maintain current regulatory knowledge. 1. Industry seminars 2. Training course 3. Networking with colleagues or suppliers 4. Membership of industry association 5. Subscribe to regulatory newsletters 6. Regularly visit websites Q UESTION 8 What are three ways a business might evaluate its operations for non- compliance with legal requirements? 1. Workplace inspection 2. Train the manager how to do an audit process 3. Meet with regulatory authorities Q UESTION 9 Describe three strategic actions a business might take when it identifies it is non-complaint with a legally-imposed obligation? 1. Advise the authority concerned 2. Investigate hoe the noncompliant action happened 3. Undertake a formal risk management analysis Q UESTION 10 Describe three ways to support and ensure continuous review of plans, policies and procedures to ensure compliance with regulatory requirements. 1. Schedule review dates and times of policies 2. Include version control to all plans, policies and procedure 3. Add review date to all document WSC-ASSSITXGLC001-V1.0-24032020 Page | 7 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
Q UESTION 11 What are five functions and general operating procedures of regulatory authorities with relevance to tourism, hospitality and events industries? 1. Contributes to industry development 2. Controls access of owner and operators into the business 3. Administers relevant legislation 4. Communicates compliance expectation and obligation to operators 5. Monitors the impact of the industry sector on society Q UESTION 12 What two requirements apply to notification regarding environmental incidents to authorities? 1. Written notification as soon as possible 2. Immediate verbal report Q UESTION 13 Explain what is meant by ‘public liability’ for businesses. Public liability insurance is designed to protect your business against claims resulting from accidents or injuries that occur as result of your business activities, as well as accidental damage to property owned or controlled by someone else. As a business owner you are accountable to third parties that come into contact with your business including customers, suppliers and anyone else who may be involved with your business. If damage or an accident occurs while you’re carrying out your business, the impacted third party may be able to make a claim against your business, which can result in costly legal fees as well as the obligation to pay for the damage or injury you may have caused. https://www.cgu.com.au/blog/public-liability- guide Question 14 WSC-ASSSITXGLC001-V1.0-24032020 Page | 8 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
Explain what is meant by ‘duty of care’ for businesses. Everyone has a duty of care, a responsibility, to make sure that they and other people are safe in the workplace. If you are an employer, or PCBU, you have the main responsibility for the health and safety of everyone in your workplace, including visitors. This is your 'primary duty of care'. If you’re self-employed, you’re responsible for your own safety and the safety of others. You owe this duty of care when, as a PCBU, you: direct or influence work carried out by a worker engage or cause to engage a worker to carry out work (including through sub-contracting) have management or control of a workplace. You must ensure that: the work environment, systems of work, machinery and equipment are safe and properly maintained chemicals are used, handled and stored safely adequate workplace facilities are available information, training, instruction and supervision are provided workers’ health and workplace conditions are monitored any accommodation you provide to your workers is safe . WSC-ASSSITXGLC001-V1.0-24032020 Page | 9 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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Q UESTION 15 What are four things employers are obliged to do under WHS legislation? 1. Safe premisses 2. Safe machinery and equipment 3. Safe system of work 4. Provide information, instruction, training and supervision Q UESTION 16 What are five key practices businesses are prohibited from doing by tax legislation? 1. Failing to lodge documentation on time 2. Failing to pay requires tax 3. Failing to keep records 4. Not registering for the purpose of taxation 5. Making a false or misleading statement. Q UESTION 17 a) What does ‘Public Liability’ insurance protect a business against? c) What does ‘Professional Indemnity’ insurance protect a business against? d) What does ‘Product Liability’ insurance protect a business against? a. Public liability insurance is designed to protect your business against claims resulting from accidents or injuries that occur as result of your business activities, as well as accidental damage to property owned or controlled by someone else. As a business owner you are accountable to third parties that come into contact with your business including customers, suppliers and anyone else who may be involved with your business. If damage or an accident occurs while you’re carrying out your business, the impacted third party may be able to make a claim against your business, which can result in costly legal fees as well as the obligation to pay for the damage or injury you may have caused. WSC-ASSSITXGLC001-V1.0-24032020 Page | 10 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
b. What does ‘Professional Indemnity’ insurance protect a business against? Professional indemnity insurance protects you and your business against claims for alleged negligence or breach of duty arising from an act, error or omission in the performance of professional services. Professional Indemnity is designed to protect businesses that give professional advice or provide services to clients. If a client claims a mistake your business made caused them injury or financial loss, Professional Indemnity covers the cost of your legal defence and damages you have to pay. https://www.cgu.com.au/business/professional-indemnity c. What does ‘Product Liability’ insurance protect a business against? Product Liability insurance* protects your businesses against claims by third parties relating to property damage or personal injury caused by your products. Product Liability insurance is designed to assist you when your products cause a third party to sustain personal injury or property damage. https://www.bizcover.com.au/what-is-product-liability- insurance/ Q UESTION 18 Under WHS legislation an employer must provide a safe and healthy workplace for workers and contractors: what are ten primary responsibilities in this regard? 1. Providing maintaining safe plant and safe systems of work 2. Provide workers and contractors with adequate facilities. 3. Engage people with the necessary qualifications or expertise to advise on WHS issues affecting your workers. 4. Keep information and records relevant to workers health and safety 5. Maintaining the workplace in a safe conditions WSC-ASSSITXGLC001-V1.0-24032020 Page | 11 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
6. Adequately monitor workers health. 7. Implementing arrangements for the safe use, handling , storage of chemicals. 8. Ensure that workers have adequate information, instruction, training and supervision to work in a safe and healthy manner 9. Provide workers with information in the appropriate languages about WHS arrangement 10. Nominate a senior management representative to deal with workers and their health and safety, representative in resolving WHS issues at work. Q UESTION 19 List four responsibilities employees have for participating in WHS practices? As a worker, you must take reasonable care of yourself and not do anything that would affect the health and safety of others at work. You must follow any reasonable health and safety instructions from your employer. It is important that you: 1. work safely 2. follow instructions 3. ask if you’re not sure how to safely perform the work 4. use personal protective equipment (PPE) in the way you were trained and instructed to use it 5. report injuries and unsafe and unhealthy situations to your supervisor https://www.safework.nsw.gov.au/legal- obligations/worker-obligations WSC-ASSSITXGLC001-V1.0-24032020 Page | 12 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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Q UESTION 20 What ‘anti-discrimination’ provisions exist under Commonwealth EEO legislation? In New South Wales, the legislation that governs EEO is the Anti-Discrimination Act1977 (NSW). This legislation prohibits discrimination, among other things, on the grounds of race, work status, gender identity and sexual orientation. This legislation also prohibits harassment in the workplace https://www.armstronglegal.com.au/commercial- law/national/employment-law/eeo- meaning/ Q UESTION 21 What ‘bullying and harassment’ provisions exist under Commonwealth EEO legislation? The national anti-bullying laws cover most workplaces (or those that are constitutionally covered businesses ). These laws also cover: outworkers students gaining work experience contractors or subcontractors volunteers. The Fair Work Commission (the Commission) is the national workplace relations tribunal that deals with anti-bullying claims under the Fair Work Act. https://www.fairwork.gov.au/employee-entitlements/bullying-and- harassment#protections Q UESTION 22 What six topics are covered under Australian consumer law? WSC-ASSSITXGLC001-V1.0-24032020 Page | 13 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
1. A national unfair contracts terms law covering standard from consumer and small business contracts 2. A national law guaranteeing consumer rights when buying goods and services 3. A national products safety law and enforcement system 4. Simple national rules for lay by agreements 5. Penalties, enforcement powers and consumer redress options 6. A national law for unsolicited consumer agreement covering door to door sales and telephone sales Q UESTION 23 b) Under Australian Consumer Law when is a contract deemed to be unfair? A term of consumer contract is unfair It would cause a significant imbalance in the parties right and obligations arising under the contract It is not reasonable necessary to protect the legitimate interest of the party who would be advantaged by the term It would cause detriment to a party if it were to be applies or relied on e) What is a ‘consumer contract’? Under the Act a consumer contract is a contract for the supply of goods or services f) What is a ‘standard form contract’? A contract is considered to be standard form if: it is for the supply of goods, services, or land; one (or both) of the parties is a small business with fewer than 20 employees; and the contract price is not higher than $300,000 (or $1 million if the contract is for more than one year). WSC-ASSSITXGLC001-V1.0-24032020 Page | 14 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
https://legalvision.com.au/standard- form-contract Q UESTION 24 c) What are the three categories of employees covered by superannuation guarantee legislation? Full time Part time Casual g) What are the seven basic obligations imposed on employers by superannuation guarantee legislation? a. Pay super contributions for employees by the cut off dates each quarter b. Pay at least 9.5% contribution amount of the base earnings c. Check if employees are eligible for a choice of super fund d. Provide eligible employees with a standard choice form e. Pass on employees tax file numbers to their super fund with 14 days of receiving a TFN declaration form f. Pay super contribute in for any eligible contractors g. Keep records of super contribution payment and that a choice of super fund has been offered to employees h) What are the ‘cut-off dates’ and ‘payment due dates’ for making superannuation contributions? a. July -30 September due date 28 October b. October-31 December due date 28 January c. 1 January-31 March due date 28 April d. 1 April-30 June due date 28 July WSC-ASSSITXGLC001-V1.0-24032020 Page | 15 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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i) Under the superannuation guarantee legislation what requirements are imposed regarding the keeping of records? You must keep records that show How much superannuation you paid for each employees and how it was calculated TA record that prove you have offered each eligible employees a choice of super fund Records must be written in English Records must be kept for 5 years Q UESTION 25 d) What are the 10 minimum entitlements of the National Employment Standards (NES)? The NES apply to all employees covered by the national workplace relations system, however only certain entitlements apply to casual employees. These are: maximum weekly hours 2 days unpaid carer’s leave and two days unpaid compassionate leave per occasion 5 days unpaid family and domestic violence leave (in a 12-month period) community service leave (except paid jury service) public holidays provision of the Fair Work Information Statement. In addition, casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to: make requests for flexible working arrangements WSC-ASSSITXGLC001-V1.0-24032020 Page | 16 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
parental leave and related entitlements. There are also two NES that apply to all full-time and part-time employees, whether they are covered by the national workplace relations system or not. These are: parental leave and related entitlements notice of termination. e) Under NES what are ‘ordinary hours’ and what is designated as the ‘maximum weekly hours’? a. Ordinary hours are an employees normal and regular hours of work, which do not attract overtime rates(38) j) Under NES what is annual leave, who is entitled to it and how much is available? Annual leave allows an employee to be paid while having time off from work. All full time and part time employees receive annual leave. k) How much ‘community service leave’ is available under NES, who is it available to and under what conditions? a. Employees can take community service leave for. Jury duties, voluntary emergency management activities. There is no limit on the amount of community service leave an employee can take. Q UESTION 26 Under the Fair Work Act 2009 what is the role of the Fair Work Commission and the Fair Work Ombudsman? The fair work commission is the independent national workplace relations tribunal and has the power to carry out a range of functions in relation to workplace matters such as the WSC-ASSSITXGLC001-V1.0-24032020 Page | 17 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
safety net of minimum conditions enterprise bargaining, industrial dispute and termination of employment. The fair work Ombudsman helps employees, employers and contractors to understand their work place right and responsibilities and enforce compliance with Australia’s work place laws. Q UESTION 27 What are the key elements of the workplace relations framework under the Fair Work Act 2009? A safety net of minimum terms and conditions of employment A safety of enterprise level collective bargaining underpinned by bargaining obligations and rules governing industrial action Provision for individual flexibility arrangement as a way to allow an individual worker and an employer to make flexible work arrangement 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 provisioning of rules governing the rights and responsibilities of employee representatives. Q UESTION 28 f) What is ‘Workers Compensation’ and what does it cover? a. Worker compensation is form of insurance payment to employees if they are injured at work or become sick due to their work. b. Worker compensation covers wages while not fit for work, medical expenses and rehabilitation. l) What are the names of the workers’ compensation regulator in each state/territory? a. Work safe ACT, State insurance regulatory authority NSW, NT work safe, Work cover Q WSC-ASSSITXGLC001-V1.0-24032020 Page | 18 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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Q UESTION 29 Where can you access information about land management and protecting neighbouring residents? Local government (councils) Government department websites What do I need to hand in for this task? Have I completed this? Your answers to all questions WSC-ASSSITXGLC001-V1.0-24032020 Page | 19 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
WSC-ASSSITXGLC001-V1.0-24032020 Page | 20 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
A SSESSMENT T ASK 1: W RITTEN QUESTIONS A SSESSOR CHECKLIST Yes No Comments Did the student answer all written questions correctly? (Please note which questions were answered incorrectly, if applicable.) If ‘no’ to the above, did you identify gaps in the student’s understanding and knowledge? If ‘yes’ to the above, what arrangements have been made for reassessment? Please add any feedback to the student about this task on the Assessment Cover Sheet. Keep a copy of the completed Assessment Task Cover Sheet. Please note any reasonable adjustments for this task below. Assessment Task 1 Outcome: Satisfactory Not Satisfactory Dat e: Trainer/assess or name: Trainer/assesso r signature: WSC-ASSSITXGLC001-V1.0-24032020 Page | 21 International College of Australia Pty Ltd T/A Western Sydney College RTO: 45360 | CRICOS: 03690M
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