SIT07 Tourism, Hospitality and Events Training Package. SITXGLC001A Develop and update legal knowledge required for business compliance SAMPLE

Transcription

1 SIT07 Tourism, Hospitality and Events Training Package SITXGLC001A Develop and update legal knowledge required for business compliance Learner guide Version 1 Training and Education Support Industry Skills Unit Meadowbank Product Code: 2714

2 Acknowledgments TAFE NSW Training and Education Support Industry Skills, Meadowbank would like to acknowledge the support and assistance of the following people in the production of this resource. Project manager: Reg Edwards Education Programs Manager TAFE NSW Training and Education Support Industry Skills, Meadowbank Project Team Johanna Visser Teacher Travel and Tourism TAFE NSW Enquiries Enquiries about this and other publications can be made to: TAFE NSW Training and Education Support Industry Skills, Meadowbank Locked Bag No. 6 MEADOWBANK NSW 2114 Tel: Fax: The State of New South Wales, TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank, Copyright of this material is reserved to TAFE NSW Training and Education Support Industry Skills Meadowbank. Reproduction or transmittal in whole or in part, other than for the purposes of private study or research, and subject to the provisions of the Copyright Act, is prohibited without the written authority of TAFE NSW Training and Education Support Industry Skills, Meadowbank. ISBN Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank 2009 i

3 TABLE OF CONTENTS INTRODUCTION... 1 RESOURCE OVERVIEW... 1 REQUIRED ELEMENTS AND PERFORMANCE CRITERIA... 2 OUTCOMES... 3 ORGANISATION... 3 SUGGESTED LEARNING RESOURCES... 4 ASSESSMENT FOR THIS OF COMPETENCY... 5 GLOSSARY OF TERMS USED... 6 TOPIC 1 RESEARCH THE LEGAL INFORMATION REQUIRED FOR BUSINESS COMPLIANCE... 7 INTRODUCTION... 7 LEGAL PROCESS IN AUSTRALIA... 7 COURT HIERARCHY... 7 IDENTIFY SOURCES OF RELEVANT LEGAL AND LICENSING INFORMATION AND ADVICE DETERMINE COMPLIANCE NEEDS FOR THE BUSINESS BY ACCESSING, SELECTING AND ANALYSING ALL INFORMATION ON RELEVANT LEGAL AND LICENSING REQUIREMENTS CONTRACT LAW INDUSTRIAL RELATIONS TAXATION TRAVEL AGENTS ACT TOPIC 2 ENSURE COMPLIANCE WITH LEGAL REQUIREMENTS INTRODUCTION RECORD AND DISTRIBUTE RELEVANT LEGAL INFORMATION TO COLLEAGUES AT APPROPRIATE TIMES AND IN SUITABLE FORMATS FOR THE INTENDED AUDIENCE ORGANISE INFORMATION UPDATES AND TRAINING FOR COLLEAGUES AND STAFF WHERE APPROPRIATE ESTABLISH AND MONITOR WORKPLACE SYSTEMS AND PROCEDURES, INCLUDING RISK MANAGEMENT APPROACH TO ENSURE COMPLIANCE WITH LEGAL REQUIREMENTS IDENTIFY ASPECTS OF OPERATIONS THAT MAY INFRINGE OR POTENTIALLY INFRINGE LAWS AND SOLICIT ADVICE ON HOW TO DEVELOP AND IMPLEMENT MODIFICATIONS TOPIC 3 - UPDATE LEGAL KNOWLEDGE INTRODUCTION USE FORMAL AND INFORMAL RESEARCH TO UPDATE THE LEGAL KNOWLEDGE REQUIRED FOR BUSINESS COMPLIANCE SHARE UPDATED KNOWLEDGE WITH COLLEAGUES AND INCORPORATE INTO WORKPLACE PLANNING AND OPERATIONS SUMMING UP RESOURCE EVALUATION FORM... 1 Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank 2009 iii

4 TOPIC 1 RESEARCH THE LEGAL INFORMATION REQUIRED FOR BUSINESS COMPLIANCE At the end of this topic you should be able to: Identify sources of relevant legal and licensing information and advice Determine compliance needs for the business by accessing, selecting and analysing all information on relevant legal and licensing requirements Determine risks, penalties and consequences of non-compliance. Introduction We introduce a brief overview of the legal system as it operates in Australia and, in particular, within NSW. We will look a little at the history of our legal system and then look at the court hierarchy. After identifying sources of legal and licensing information relevant to the tourism, hospitality and events industry, we analyse the requirements for these and then discuss the risks, penalties and consequences of non-compliance with the rules. Legal process in Australia With the founding of each colony so came the founding of each State Court. These State courts remained separate and distinct at the time of Federation in Upon Federation the Commonwealth Constitution created the High Court of Australia. The role of the High Court was to act as an interpreter of our constitution and as an Appeal Court for the State Courts. In 1976 the Federal Court was established, this court now deals largely with appeals from the State Courts. Court hierarchy State system There are three levels in the general court hierarchy in New South Wales: 1. Local Courts 2. District Court 3. Supreme Court judges in this court also sit in the Court of Appeal and Court of Criminal Appeal. Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank

5 SITXGLC001A Develop and update legal knowledge required for business compliance Most courts have both civil and criminal jurisdiction. The essential differences between these jurisdictions are the parties in dispute and the nature of the orders made by the court. We will look at the difference between civil and criminal law later in this topic. Court and appeal structure in New South Wales The hierarchies in each State are comprised of courts that have general jurisdiction. Specialised courts and tribunals have specialised jurisdictions and are usually subsidiary arms of the main hierarchy. High Court Supreme Court Court of Appeal Court of Criminal Appeal District Court of NSW Local Courts Federal system Land and Environment Court Compensation Court Community Justice Centres The High Court of Australia is the most senior court in Australia. Industrial Relations Commission Administrative Decisions Tribunal All other criminal and civil commonwealth courts fall below the High Court including The Federal Court of Australia and The Family Court. Reference: Simons, Hospitality Law, Chapter 2, The Hierarchy of the Courts. 8 Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank 2009

6 Activity 1.1 Research three (3) courts within the NSW court system and list how many judges/magistrates are contained within the court and any special features of the court. E.g. Licensing Court Full bench three licensing magistrates with one sitting magistrate. In NSW this court administers the Liquor Act amongst other Acts involving licensed premises. 3. Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank

7 SITXGLC001A Develop and update legal knowledge required for business compliance Identify sources of relevant legal and licensing information and advice There is a wealth of information on the legal and licensing requirements relevant to the various businesses that comprise the tourism, hospitality and events industry. Never before in the history of our industry in Australia have we faced so many litigious customers and clients. Never before have so many legal and regulatory requirements applied to our industry and never before have we seen such large penalties applied to the failure to comply with the rules. In light of this very challenging and costly situation it is extremely important to ensure that you know your legal and regulatory responsibilities in order to mitigate the possibility of unfortunate consequences to your provision of goods and services. Detailed and relevant information can be found in law texts and journals and from tourism industry and employer associations. For example, the Australian Federation of Travel Agents can provide specific advice regarding the requirements to act as a travel agent. They also have a code of ethics which outlines the business behaviours and standards expected of its members. The same applies to associations such as the Australian Hotel Association (AHA) and other sector associations. Government websites, both federal and state, are also excellent sources of the legal and licensing requirements of those engaged in tourism, hospitality and events businesses. The consumer affairs department is probably the most relevant source of everyday business legal and licensing requirements as they oversee breaches of trade and commerce, such as false advertising and so on. Other government departments, including NSW Police, are responsible for ensuring alcohol and gaming laws are upheld. Other authorities that will have some jurisdiction over your business will be the local government authorities. Whatever the source of your information you must ensure the information is sufficient and that it is relevant to your industry situation. Also you must ensure that your information is current and reflects any new laws and imminent changes. Often significant changes to regulations and legal requirements are flagged in one way or another. For example, taxation changes are rarely a surprise and industry associations are often consulted by authorities prior to enacting a new law or regulation. 10 Developed by TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank 2009