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Elements and Performance Criteria

  1. Research information required for legal compliance.
  2. Develop and communicate policies and procedures for legal compliance.
  3. Ensure compliance with legal requirements.
  4. Maintain personal and organisational knowledge of regulatory requirements.

Performance Evidence

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and:

access and interpret regulatory information and determine the scope of compliance for the operations of a specific tourism, travel, hospitality or events business in relation to at least six different areas of compliance

develop policies and procedures for legal compliance with each of the above areas of compliance

integrate into compliance planning activities and documentation:

sources of detailed information and advice on regulatory compliance

objectives and primary components of a broad range of local, state, territory and commonwealth government laws relevant to the specific to the business operations

use of policies and procedures in managing regulatory compliance.


Knowledge Evidence

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

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

sources of information and advice on regulatory compliance:

local, state, territory or commonwealth government departments or regulatory agencies

industry associations

plain English documentation that explains the operational requirements of legislation

computer data

the internet

discussions with experienced industry personnel

industry:

accreditation operators

associations and organisations

developers of codes of conduct or ethics

journals

seminars

lawyers

networking with:

colleagues

suppliers

libraries

media

personal observations and experience

reference books

training courses

unions

functions and general operating procedures of regulatory authorities of particular relevance to the tourism, hospitality and events industries

methods of receiving updated information on laws and licensing requirements

use of policies and procedures in managing regulatory compliance

formats for and inclusions in policies and procedures

objectives and primary components of local, state, territory and commonwealth government laws to which all types of businesses must comply and that cover:

anti-discrimination, especially provisions for equal employment opportunity (EEO) and harassment

Australian Consumer Law (ACL) especially provisions for refunds, exchanges and cancellations, terms and conditions of quotations and consumer contracts

contracts

employer superannuation contributions

environmental protection especially provisions for environmental hazard identification, use of minimal impact practices and reporting of incidents

Fair Work Act 2009, especially provisions for National Employment Standards (NES)

local community protection, especially provisions for land management and access and protecting the lifestyle of neighbouring residents

taxation

workplace relations

public liability and duty of care

work health and safety

workers’ compensation, especially provisions for injury reporting and occupational rehabilitation

objectives and primary components of laws, codes, standards and licensing requirements that impact on specific operators in the tourism, hospitality and event industries; chosen to be applicable to the individual’s context:

Copyright Act 1968

Criminal Code Act 1995 as it relates to child sex offences outside Australia

European Economic Directive of Foreign Travel

food safety

Food Standards Australia New Zealand Act 1991

liquor licensing, especially as it relates to the responsible service of alcohol

Privacy Act 1988

Queensland Tourism Services Act 2003

Residential Tenancy Act

responsible conduct of gaming regulation

for each relevant law, code, standard and licensing requirement, the depth of knowledge must cover:

key practices that are prohibited by the law

auditing and inspection regimes

main consequences of non-compliance

need to apply for and maintain business or occupational licensing and associated mandatory training and certification requirements

requirements for record keeping and acceptable record keeping mechanisms

statutory reporting requirements for businesses

key business insurances required

adherence to mandatory codes of conduct enshrined in legislation

requirements to develop and implement plans, policies, codes of conduct or incorporate certain business practices

rights and responsibilities of employees and employers

other specific action that must be taken for legal compliance

opportunities to maintain knowledge of regulatory requirements:

discussions with experienced industry personnel

networking with colleagues and/or suppliers

participating in industry accreditation schemes

participating in industry seminars

membership of professional industry associations

participating in training courses

subscribing to regulatory newsletters.