SITXGLC002 - TASK 2 Legal Compliance Briefing Report (Chris Help)

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Glendale High School *

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MANAGERIAL

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Management

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Nov 24, 2024

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Blue Healer Restaurant Legal Compliance Briefing Report Introduction Write a summary about the need for the report. 1. Read the case study. 2. Its about you as an Operations Manager newly opened a restaurant – Blue Healer…… 3. ensure compliance with all requirements and the development of policies and procedures for any areas not addressed….. 4. Develop policies and procedures… Catering Evaluate this area of the business and why legal risk management and compliance is vital in this area. 1. Evaluate this area of this business/restaurant (Hospitality): Catering business. What sort of Legal Risks affect this business? Such as: Common types of legal risks include:  contract risks, including breach of contract;  litigation risks, such as tort or employment law claims;  regulatory risks, including risks associated with data privacy and environmental protection requirements;  tax risks that may arise from underreporting business income or wrongfully claiming certain exemptions;  intellectual property risks, including copyright and patent infringement; and  product liability risks, such as manufacturing defects and inadequate warnings on labels.  Food Safety risks 2. Why is it important to ensure business is compliance such as may shut down etc…. Why? To avoid:  lawsuits and related legal fees,  regulatory investigations and fines,  criminal prosecution,  reputational damage and loss of public trust, and  financial losses due to reduced business.

Highlight relevant legislation, standards, codes of practice and regulatory authorities that the business is required to follow for this area. 1. Research different legislations / Act / codes of practices in VICTORIA or AUSTRALIA only. 2. Source the links: www…… 3. Legislations such as: Food Act 1984 in Victoria, FSANZ, Work health & safety ACT 2004 etc….. 4. What does each legislation states? Write down the information from internet. Such as:  Australia and New Zealand Food Standards Code (FSANZ)  Food Act 1984 (VIC)  Work Health and Safety Act 2011 Describe the risks and consequences of not complying with compliance obligations in this area. 1. Research from internet. 2. Source the links: www… 3. What are the risks and consequences if business do not compliant? 4. Such as: heavy fines… how much $, jail, shut down …. Such as:  fines can be issued for offences….  restaurant can be shut down by authorities … Describe where you can receive specialist legal advice required to ensure compliance in this area and when you might need to call on this person / body. 1. Who do you seek advice from a Specialist? 2. Such as: Lawyer? Which company / association? 3. Research online in Melbourne. 4. Source the links: www.. 5. Write dow the information such as: where and how to apply for Food Safety Program for your business, audit checking, if customer complaint etc….? Who and where you can receive Legal advice? Lawyers? Food safety consultants, professional bodies or government information sources.

They may need to call on them for upcoming audit or when something has gone wrong and an issue has been identified? Administration Evaluate this area of the business and why legal risk management and compliance is vital in this area. 1. Why is it important to be compliance? 2. Such as: may affect the business as a whole, Tax obligations, reputation etc? 3. Research You must demonstrate they have evaluated this area as being crucial to operations. The business may run into HR issues or reporting, tax or other obligations that could affect operations and reputation. Highlight relevant legislation, standards, codes of practice and regulatory authorities that the business is required to follow for this area. Six different areas which are: • Workplace health and safety • Information management • Customer Service • Recruitment, induction and termination • Diversity • Sustainability. 1. Which ACT for the 6 areas? 2. Website link: www…..? 3. Information about the ACT? Such as:  Privacy Act 1988  Corporations Act 2001 (Cth)  Work Health and Safety Act 2011  New South Wales Anti-Discrimination Act 1977  The Australian Consumer Laws (ACL)  Fair Work Act 2009  Workers Compensation Act 1987  The Australian Taxation Office Worksafe

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Describe the risks and consequences of not complying with compliance obligations in this area. 1. What are the risks and consequences for this area? 2. Such as for Food safety in Victoria: heavy fines $? , shut down? Such as:  Fines can be issued for offences  Employee relations issues  Legal action by customers or employees  Loss of reputation. Describe where you can receive specialist legal advice required to ensure compliance in this area and when you might need to call on this person / body. 1. Which website sources and name of the organisation can you seek legal advice from? Who do you call? Which lawyers? 2. Which Department? Such as: Department of Heath - Legal, management & workplace considerations OR ATO? Which Lawyers such as: Any Legal Firm as below: Search this website for the lawyers based on your Post Code Address: https://www.liv.asn.au/Web/For_the_Public/Find_a_Lawyer_Referral_Service/Web/Content/For_th e_Public/Referral/Referral_Search.aspx 3. Source link: www.?? Requirements Complete the following table for two laws you have identified for each area above. Catering A sample answer has been provided for one law. The student may choose any relevant laws and must complete four tables. Name of law or Act: Work Health and Safety Act 2011 Practices that are prohibited by the law Not taking measures to ensure employees’ safety Auditing and inspection regimes needed to ensure compliance WHS meetings. Annual inspections. The main consequences of non- compliance Fines. Individuals up to $1,250 Companies to $6,000 Business or occupational licensing and Requires one first aid officer on site

associated compulsory training and certification Required record keeping and acceptable record keeping mechanisms Not defined Statutory reporting requirements Not defined Any business insurance(s) required Workers Compensation Insurance Liability insurance Mandatory codes of conduct enshrined in legislation Not defined for retail. Mining, electricians, asbestos removal, etc. Required plans, policies, codes of conduct or business practices Business practices are required to ensure safety of all employees The rights and responsibilities of employees and employers Person conducting a business or undertaking (PCBU) is responsible for ensuring staff training and safety equipment Any other actions that must be taken for legal compliance None

Name of law or Act: Such as: Food ACT 1984. Website Link: https://www.health.vic.gov.au/food-safety/food-safety-enforcement-and-penalties Practices that are prohibited by the law Auditing and inspection regimes needed to ensure compliance The main consequences of non- compliance Business or occupational licensing and associated compulsory training and certification Required record keeping and acceptable record keeping mechanisms Statutory reporting requirements Any business insurance(s) required Mandatory codes of conduct enshrined in legislation Required plans, policies, codes of conduct or business practices The rights and responsibilities of employees and employers Any other actions that must be taken for legal compliance

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Administration Name of law or Act: Practices that are prohibited by the law Auditing and inspection regimes needed to ensure compliance The main consequences of non- compliance Business or occupational licensing and associated compulsory training and certification Required record keeping and acceptable record keeping mechanisms Statutory reporting requirements Any business insurance(s) required Mandatory codes of conduct enshrined in legislation Required plans, policies, codes of conduct or business practices The rights and responsibilities of employees and employers Any other actions that must be taken for legal compliance

Name of law or Act: Practices that are prohibited by the law Auditing and inspection regimes needed to ensure compliance The main consequences of non- compliance Business or occupational licensing and associated compulsory training and certification Required record keeping and acceptable record keeping mechanisms Statutory reporting requirements Any business insurance(s) required Mandatory codes of conduct enshrined in legislation Required plans, policies, codes of conduct or business practices The rights and responsibilities of employees and employers Any other actions that must be taken for legal compliance

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