The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential:

general knowledge of the legislation that affects business operations in a particular industry sector

knowledge of how to access and update the legal information required for business compliance or seek professional assistance on legal matters

demonstrated application of legal knowledge to specific workplace situations and problems.

Context of and specific resources for assessment

Assessment must ensure:

use of current legal information.

Methods of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

evaluation of reports prepared by the candidate detailing how legal issues were identified and addressed in the conduct of a particular project

evaluation of industry projects conducted by the candidate to address the compliance requirements for different workplaces

case studies that allow the candidate to address legal requirements for given situations

review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate.

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

SITXMGT005A Manage business risk.

Assessing employability skills

Employability skills are integral to effective performance in the workplace and are broadly consistent across industry sectors. How these skills are applied varies between occupations and qualifications due to the different work functions and contexts.

Employability skills embedded in this unit should be assessed holistically with other relevant units that make up the skill set or qualification and in the context of the job role.

This section describes the essential skills and knowledge and their level, required for this unit.

The following skills must be assessed as part of this unit:

research skills to source and access legal information and advice

critical thinking skills to evaluate and apply complex information to a particular operational context

literacy skills to interpret complex information from varied sources.

The following knowledge must be assessed as part of this unit:

general knowledge of compliance provisions of legislation in the following areas to the level of depth required by an operational manager or owner-operator and in the specific context of a tourism, hospitality or events organisation:

legal responsibilities and liabilities of managers and directors within varying business structures

consumer protection and trade practices: key features of trade practices and fair trading legislation, its application in different States and Territories and key areas in which tourism and hospitality businesses must ensure compliance

licensing: licences needed by various businesses and individuals within those businesses; licence application procedures; ongoing requirements to maintain licence, auditing and inspection regimes; and reasons for cancellation of licences

contracts: differences between contracts; impacts of contract law on operators, including the specific terms and obligations of contract; methods of contractual agreement, exclusion clauses and termination of contracts

insurance: key business insurances required by different tourism and hospitality businesses, including public liability and workers' compensation

superannuation: employer responsibilities in relation to payment of superannuation for employees

industrial relations: rights and responsibilities of employees and employers under industrial relations legislation

taxation: overview of statutory reporting requirements for businesses

equal employment opportunity (EEO) and anti-discrimination: including key features, employer responsibilities and consequences of operating contrary to legislation

examples of specific legislation and local government regulations impacting on particular sectors or contexts: such as Responsible Service of Alcohol, local, state or territory, and federal food regulations and standards, Food Standards Australia New Zealand Act 1991, Responsible Conduct of Gaming, the Crimes (Child Sex Tourism) Amendment Act, European Economic Directive of Foreign Travel, Residential Tenancy Acts, Queensland Tourism Services Act (2003), Privacy Act and local government regulations on building and waste disposal

sources of legal information and advice in particular industry sectors.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below.

Sources of relevant legal and licensing information may include:

reference books

media

industry and employer associations

industry journals

internet

customers and suppliers

legal experts

regulatory authorities

local government officers

state or territory government departments.

Legal and licensing requirements may relate to:

liquor

businesses preparing and selling food

gaming

sale of travel products

security

OHS

industrial relations

taxation

EEO

anti-discrimination

trades

access to protected areas.

Workplace systems and procedures to ensure compliance with legislation may relate to:

recruitment, termination and other human resource management issues

food safety programs

in-house policies to ensure responsible service of alcohol

inspections and auditing

risk assessments

consumer complaint and dispute resolution processes

training practices

approval processes and protocols for various work activities

general work practices and work organisation approaches

workplace design

distribution of information within the organisation

signage.