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WHS and Regulations Case Study Analysis and Written Report

Details of Assessment

Term and Year

Time allowed

Assessment No

1

Assessment Weighting

50%

Assessment Type

Case Study Analysis and Written Report

Details of Subject

Qualification

SIT50416 Diploma in Hospitality Management

Subject Name

WHS and Regulations

Details of Unit(s) of competency

Unit Code (s) and Names

SITXGLC001 Research and comply with regulatory requirements

SITXWHS004 Establish and maintain a work health and safety system

Purpose of the Assessment

The purpose of this assessment is to assess the student in the following learning outcomes:

Competent (C)

Not Yet Competent

(NYC)

SITXWHS004 Establish and maintain a work health and safety system

1.1.Access and interpret key legislative documents to ensure WHS system complies with regulatory requirements, standards and codes.

1.2.Design a WHS management system to suit characteristics and needs of the organisation, in consultation with appropriate personnel.

1.3.Identify and provide adequate financial, human and specialist external resources to address WHS management practices.

1.4.Develop and clearly articulate WHS policies and procedures in a format readily accessible to all personnel.

1.5.Define and allocate health, safety and security responsibilities within relevant job descriptions.

1.6.Consult with key personnel, and develop and implement a plan for WHS training requirements.

1.7.Establish and monitor a system for keeping WHS records.

1.8.Establish and maintain systems to ensure communication of WHS information to personnel.

2.1.Establish and maintain appropriate consultative processes to suit characteristics and needs of organisation.

2.2.Plan for and ensure that consultation is conducted at times designated by legislation.

2.3.Resolve issues raised through consultation.

2.4.Provide employees with accessible information on the outcomes of consultation.

3.1.Develop or access hazard identification and risk assessment templates that incorporate criteria for assessing risks.

3.2.Plan for and ensure systematic hazard identification at times designated by legislation.

3.3.Develop procedures for the ongoing identification of types of hazards designated by legislation.

3.4.Develop procedures for the assessment and control of risks associated with identified hazards.

3.5.Nominate within procedures the roles and responsibilities of personnel for hazard identification, risk assessment and risk control.

3.6.Take a lead role in controlling risks, including implementing interim or emergency solutions.

3.7.Manage the response to any incident or accident, and follow legislative requirements for notifying and cooperating with WHS government regulators.

4.1.Assess and maintain ongoing compliance with occupational health and safety (OHS) or WHS legislation and regulatory requirements, standards and codes.

4.2.Consult with a range of personnel to elicit feedback on WHS policies, procedures and practices.

4.3.Assess effectiveness of WHS management practices and develop, implement, document and communicate improvements and changes to the WHS system.

SITXGLC001 Research and comply with regulatory requirements

1.1. Identify sources of information for compliance with laws and licensing for business operations.

1.2. Evaluate areas of business operation and determine scope of compliance requirements.

1.3. Access regulatory information relevant to specific business operation.

1.4. Identify risks, penalties and consequences of non-compliance.

1.5. Assess and act on need for specialist legal advice.

2.1. Develop and clearly articulate regulatory policies and procedures in a format readily accessible to all personnel

2.2. Nominate the roles and responsibilities of personnel for regulatory compliance in policies and procedures

2.3. Distribute policies, procedures and legal information to personnel at appropriate times

2.4. Organise information updates for personnel to ensure their knowledge of roles and responsibilities for legal compliance

3.1. Communicate with regulatory authorities when planning business operations and submit required documentation

3.2. Maintain business and occupational licences and check contractor compliance to avoid risk to business

3.3. Continuously evaluate business operations for non-compliance and implement modifications

4.1. Identify and use a range of opportunities to maintain knowledge of current regulatory requirements

4.2. Use organisational communication methods to share updated regulatory knowledge

4.3. Continuously review and distribute plans, policies and procedures for compliance with current laws and licensing requirements

Assessment/evidence gathering conditions

Each assessment component is recorded as either Competent (C) or Not Yet Competent (NYC). A student can only achieve competence when all assessment components listed under “Purpose of the assessment” section are recorded as competent. Your trainer will give you feedback after the completion of each assessment. A student who is assessed as NYC (Not Yet Competent) is eligible for re-assessment.

Resources required for this Assessment

· Weekly eLearning notes relevant to the tasks/questions

· All documents must be created in Microsoft Word, MS Excel where required

· Upon completion, submit the assessment printed copy to your trainer along with assessment coversheet

· Any additional material will be provided by your Trainer

· Computer with relevant software applications and access to internet

Instructions for Students

Please read the following instructions carefully

This assessment has to be completed In class At home

· The assessment is to be completed according to the instructions given by your assessor.

· Feedback on each task will be provided to enable you to determine how your work could be improved. You will be provided with feedback on your work within two weeks of the assessment due date. All other feedback will be provided by the end of the term.

· Should you not answer the questions correctly, you will be given feedback on the results and your gaps in knowledge. You will be given another opportunity to demonstrate your knowledge and skills to be deemed competent for this unit of competency.

· If you are not sure about any aspect of this assessment, please ask for clarification from your assessor.

· Please refer to the College re-assessment policy for more information (Student handbook).

ASSESSMENT TASKS

There are three (3) tasks to complete for this unit of competence:

This assessment is based on ACA Restaurant Café’ Business Plan and uses several scenarios to complete the 3 Tasks. Certain tasks contain sub-tasks with written questionnaires, case study analysis report writing.

These tasks comprise the assessment of the application of the required knowledge to comply with laws and licensing requirements for ACA Restaurant Café’s’ specific business operations. It focuses the needs to access and interpret regulatory information, determine scope of compliance, and develop, implement and continuously review and update policies and practices for business compliance.

You are required to respond to all the tasks by demonstrating your skills and knowledge within the assessment guidelines and requirements. Certain tasks have been developed with templates, tables and sections with appropriate spaces, in which you will have to complete and/or provide information to ensure you demonstrate the skills and knowledge of the units. Marking criteria have been provided to support the student’s understanding of the requirement for each task.

To be deemed competent in this assessment each student must demonstrate through written reports and provide information in given templates, the knowledge, and understanding of what actions are necessary to obtain and keep current with the legislative requirements for their industry and specific business. You will have to respond to all the tasks by demonstrating your skills and knowledge within the assessment guidelines and requirements. In Task 1C & 1D, Task 2, Task 3A & 3B, there are templates, which you will have to utilise to ensure you validate the required skills and knowledge.

Your responses must comprise:

· a comprehensive, detailed and integrated relevant regulatory requirements and management plan

· a formal communication strategy

· a reflection of current relevant legislation regarding age, disability, racial, sexual,

· formal and planned involvement with a wide range of stakeholders

· a documented risk, issues, and change-management methodology

· a quality execution plan with assurance and control processes of diversity

· a restaurant café’ team-based environment

Evidence of the following is important:

· demonstration of ongoing research and complying with laws and licensing requirements for specific business operations within the workplace

· knowledge of reviewing and implementing regulatory requirements and the promotion of its benefits, strategies to comply with procedures for handling complaints or harassment allegations, and management plans, tools, issues, and likely challenges

· demonstration of developing policies and maintaining organisational knowledge of regulatory requirements through communication with regulatory organisations

Task 1 – Research, analysis and written responses

This activity has been designed to assess your knowledge and understanding and managing research of relevant information to comply with regulatory requirements in the workplace.

This task consists of questionnaires which associate with the knowledge of researching information required for legal compliance, evaluating the scope of compliance requirements of the business operations, procedures and standards through identifying sources and government regulatory for specific business areas which supports to review the effectiveness of work operation and assessing risk for non-compliance. The responses should include the following:

· Must be relevant to the business functions and standards of ACA Restaurant Café that you will find in e-learning unless otherwise stated. Responses should link to the theoretical and legislative aspects of work operations followed by relevant experience/exposure within ACA Restaurant Café’ work environment and the scenario incident, also available on e-learning. Your response to the questionnaires must relate to roles and responsibilities and business of the restaurant café.

· The questionnaires have been developed with templates and sections with appropriate spaces, in which you will have to complete and/or provide information to ensure you demonstrate the skills and knowledge of the units. Instructions are provided to which students must comply to gain the competency level.

· Suggested links provided to support findings. Stimulated to practice.

· Certain tasks require you to reflect on relevant scenario incidents and the previous tasks responses to foster the consistency of satisfying compliance with relevant legislative requirements.

· Marking allocations have been stated with each task to support the comprehension of the required information to be delivered.

· Demonstrate that you can or have applied what you have learned, regardless of whether you have undertaken all the performance requirements of the workplace.

Task 2 – Policy Development

This activity has been designed to assess your knowledge and understanding of developing and policies and procedures for legal compliance in the workplace.

This task consists of questionnaire which associate with the knowledge of compliance issues and the implications of the legislation for undertaking risk analysis and creation of policies and procedures. The responses should include the following:

· Must be relevant to the Business Summary Plan of ACA Restaurant Café and relevant Scenarios 1-7, that you will find in e-learning unless otherwise stated. Responses should link to the theoretical and legislative aspects of services practices followed by relevant experience/exposure within ACA Restaurant café’ work environment. The information provided must relate to roles and responsibilities and business of the Restaurant café.

· To generate the policies, you must refer to the existing standards and policies and to the relevant scenario incidents. Previous tasks responses should be considered as a continuation process of customer service improvements to create new policies for ACA Restaurant Café. This is to ensure demonstrating the skills and knowledge of the units. Instructions are provided to which students must comply to gain the competency level.

· The development of the policies document must comprise of the requirements to accommodate the performance requirements as stated in the task instructions and marking guide, and to complete this task, the student must comply and use the template provided

· The information given must comply with the appropriate legislative framework of the policy/ procedure

· Theory answers without reference to ACA Restaurant Café’ business will not be assessed as satisfactory

· Marking allocations have been stated with each task to support the comprehension of the required information to be delivered.

  • Demonstrate that you can or have applied what you have learned, regardless of whether you have undertaken all the performance requirements of the workplace.

Task 3 – Written Reports and documentation

This activity has been designed to assess your knowledge and understanding of communication with regulatory authorities to design business operations and the submission of required documentation, to ensure compliance.

This task consists of report writing to demonstrate record keeping and maintaining personal knowledge of regulatory requirements in order to preserve currency, continuously reviewing, updating and distributing plans and polices for compliance. The responses should include the following:

· Must be relevant to the Business Summary Plan of ACA Restaurant Café and relevant Scenarios 1-7, that you will find in e-learning unless otherwise stated. Responses should link to the theoretical and legislative aspects of customer services practices followed by relevant experience/exposure within ACA Restaurant café’ work environment. The information provided must relate to roles and responsibilities and business of the Restaurant café

· Certain tasks have been developed with templates and sections with appropriate spaces, in which you will have to complete and/or provide information to ensure you demonstrate the skills and knowledge of the units. Instructions are provided to which students must comply to gain the competency level.

· theory answers without reference to ACA Restaurant Café’ business will not be assessed as satisfactory

· To generate the reports, you must refer to the Business Summary Plan of ACA Restaurant Café and the relevant scenario incidents and must comprise of the requirements to accommodate the performance requirements as stated in the task instructions and marking guide, and to complete this task, the student must comply and use the template provided. You are to follow the guidelines on how to demonstrate and/or complete the task with the use of the information given in the appendices. The development of the document must comprise of the requirements to accommodate the performance requirements as stated in the task instructions and marking criteria, and to complete this task, the student must comply and use the template provided

· Marking allocations have been stated with each task to support the comprehension of the required information to be delivered.

· Demonstrate that you can or have applied what you have learned, regardless of whether you have undertaken all the performance requirements of the workplace.

TABLE OF CONTENT

CONTENT

PAGES

MARKS

MARKS ACHIEVED

Task 1 - Legislative compliance requirement information research (Total of 25 Marks)

A. Written Responses (Total of 11 marks)

Q1: Awareness of legislative compliance requirements

4

Q2: Legal responsibilities and liabilities

3

Q3: Culture supporting compliance and ethical conduct

4

B. Evaluate and identify sources to access regulations

3

C. Government regulators and its functions

6

D. Knowledge of areas of laws

2

E. Risk assessment for non-compliance

3

Task 2 – Policy Development (Total of 18 marks)

Policy 1 (Area 1)

3

Policy 2 (Area 2)

3

Policy 3 (Area 3)

3

Policy 4 (Area 4)

3

Policy 5 (Area 5)

3

Policy 6 (Area 6)

3

Task 3 - Compliance and continuous improvement (Total of 7 marks)

A. Ensuring consistent evaluation of operational compliance

4

B. Sharing updated regulatory knowledge

3

TOTAL MARKS

50

The learner is required to update and adjust the page numbers and topics based on the amount of their content and the responses made to each task

Develop policies and comply with regulatory requirements

As stated in the Business details above, ACA Restaurant Cafe’ is owned and managed by partners Emma Supreme and Rufus Clarendon. It is located within ACA Hotel.

The Restaurant Café’ is currently open:

Monday – Friday:       6:00 am – 9:00 pm

Saturday:                   8:00 am – 9:00 pm

Sunday                      8:00 am – 9:00 pm

The owners of the restaurant have decided to start opening on more hours on Saturdays and Sundays due to increased business operation and customer demands as follows:

Saturday:   6:00 am to 11:00 pm

Sunday: 6:00 am to 11:00 pm

ACA Restaurant Cafe’ has been experiencing consistent growth in sales and numbers of customers over the last two years.

The Owners of ACA Restaurant Cafe’, fosters an environment of energy, skills, and determination to establish and maintain a business relationship with customers, suppliers, strategic partners and with other businesses creating service contracts, commission-based arrangement, and association-based relationship. Understanding the need to conduct ongoing research to determine the scope of compliance required, and to continuously review policies and practices in response to any change.

Recently the Owners has faced negative experiences that has generated alarming concerns with the fear of reputational damage for ACA Restaurant Café’ as well as for ACA Hotel. To improve the situation, the Owners have been proactively putting in actions in place to implement innovative strategies and service policies that address every conceivable aspect of the quality experience. ACA Restaurant Café’ treats their business partners, customers and other community members with honesty, trust, fairness, and respect that contributes to strength and longevity in the business relationship which promotes better work and a more valued environment. As a continuation to ensure they can provide quality services to their stakeholders, they have decided to review their business functions, policies to identify if there are any non-compliance issues. This will also support them to remain abreast of general changes to legislation that could have an impact on daily operations.

You will require to have access to the “Business Summary Plan” and “ACA Restaurant Café Case Study Scenarios”, which can be located on e-learning. They contain detailed information and must be used and/or referred to complete this assessment. However, brief summary of each summary is provided below.

Information provided that is not relevant to the above-mentioned resources will be considered not satisfactory.

Summary of Scenario 1:

Feedback from Mr Smith:

  • Poor booking and order taking via phone call – multiple errors in booking
  • Staff unaware of using the system and knowing the products and price
  • Phone etiquette not present during conversation
  • Waiting time on hold on the phone
  • Inappropriate behaviour by staff (Sally) while taking the orders – commented on accent, talking to others while taking orders, abrupt approach, rushing, no support with options of products or substituting suitable products when not available, not aware of prices of products, and complaining to customer about busy periods
  • Poor staff presentation, etiquette and hosting – not trained
  • Response time slow on promised actions
  • Delayed food delivery and cold food items
  • No Managers on floor to address any concerns
  • No support for refund, cancellation and complaint procedure – info unknown to/ not trained by the staff

Feedback from Staff:

  • Lack of staff are working on the floor
  • Not a user-friendly new system incorporated within the business and should consider installing more a less complicated nevertheless an up to date compatible new technology
  • Not enough training provided
  • Unexpected excessive workload
  • Managers not available at all times

Summary of Scenario 2:

  • reputational damage
  • compliance to customer service standards
  • conflict resolution

Summary of Scenario 3:

  • concerns regarding food handling and hygiene issues

Summary of Scenario 4:

  • bullied at work and discriminated due to young age
  • not the promised training and support received
  • under-paid
  • assign you tasks not specifically outlined in your job description

Summary of Scenario 5:

  • work injury
  • witnessed by staff and customers
  • hazard identified
  • days off work for this injury

Summary of Scenario 6:

  • work injury
  • not witnessed by anyone
  • hazard identified
  • injury not reported
  • days off work for this injury

Summary of Scenario 7:

  • work injury
  • witnessed partially by staff during occurrence (putting the heavy item down and not witnessing picking up the item from back of premise)
  • staff witnessed after effect of injury
  • situation notified to colleague
  • days off work for this injury

Task 1 - Legislative compliance requirement information research

There are over 160 areas of law/legal regulations which apply to the travel and tourism industry. Many of these pieces of legislation apply to not just the travel and tourism industry, but across all business operations in general, within the local, state and federal jurisdiction. They are not always industry specific, but must be complied with

Your task is to:

1. Written Responses:

Respond to the following queries in the appropriate spaces below:

All responses must:

  • be relevant to the Business Summary Plan of ACA Restaurant Café’ and Scenario 1- Scenario 5, unless otherwise stated.
  • demonstrate that you can or have applied what you have learned from acknowledging the policy
  • theory answers without reference to ACA Restaurant Café’ business will not be assessed as satisfactory

<50% marks of the allocated marks for the questions and answers in Task 1 (Q1 – Q3), will be given for providing theoretical aspect and remaining 50% marks for providing the relevancy on how the information fits in with business operations of ACA Restaurant Café’. Only theoretical responses will not be accepted, and 50% marks will be allocated, should that be the case. However, Assessor to assess if relevant theory has been provided by the student as per the requirement of the tasks. Non-relevant answers will be considered not satisfactory>

11 Marks

Question 1: Awareness of legislative compliance requirements can support a business to develop policies and policies, undertake induction and training to staff members and provide appropriate leadership to satisfy highest professional standards.

a. As the Manager, state from where you can get the up-to-date information on legislative compliance requirements relevant to the business functions and work operations of ACA Restaurant Café. Outline at least 4 data from both the Government and non-Government information sources in 100 -200 words. Provide direct websites or contact details if applicable.

<0.25 mark for stating the 4 data for each Government and non-Government (total of and 2 marks) and 1 mark for relevancy to ACA Restaurant Café’. Total of 3 marks>

b. List the best methods with examples (list at least 4 data) of receiving this updated information on laws and licensing requirements for ACA Restaurant Café’? Please explain in detail. <0.5 marks for stating the methods and 0.5 marks for the explanation. Total of 1 mark>

Must consider for keeping current with changes in legislation, laws and regulations.

Refer to the business summary of ACA Restaurant Café. You may Include within your responses the following:

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

· industry associations

· 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

4 Marks;

Question 2: Based on the information provided in the above Task 1 Q1, who from the organisational structure of ACA Restaurant Café’ and what legal responsibilities and liabilities should they take in for the following:

a. monitoring, reviewing and distributing plans of each step of satisfying compliance with current laws and licensing requirements by using policies and procedures

b. redeveloping procedures/changes in policies and procedures to correct any identified breaches or that is out of date

c. communication to relevant parties for updates of the changes of legislations and any adjustments to policies and procedures

Refer to the Business Summary of ACA Restaurant Café (available e on e-learning) to acknowledge the organisational structure. Consider all staff and management including any committee (if applicable).

3 Marks

<0.5 mark allocated for identifying relevant personnel and 0.5 mark allocated for stating their legal responsibilities and liabilities. Total of 1 mark for each a, b and c task requirements. Total of 3 marks for this Task 1Q2 >

Question 3: To develop a culture that supports compliance and ethical conduct, management of ACA Restaurant Café’ establishes and adheres to sound policies and practices, as well as lead by example.

Referring to Scenario 4,

a. state whose responsibility is it to monitor compliance in the areas of remuneration /pay?

<1 mark allocated for stating the responsible personnel and 1 mark for explanation with relevancy to the given considerations stated below. Total of 2 marks>

b. how will he/she resolve this issue in accordance to fair work legislation and notify the relevant staff of the plan of resolution/changes?

<1 mark allocated for stating the resolution process and 1 mark for relevancy to the given considerations stated below. Total of 2 marks>

Refer to the following link to support your responses:

https://www.fairwork.gov.au/how-we-will-help/how-we-help-you/help-resolving-workplace-issues/how-to-fix-an-underpayment

Consider matters on the following to ensure appropriate application of the legislative requirements and resolution:

· taxation law (advise on PAYG)

· superannuation contributions (any deductions)

· contracts

· workers compensation

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

· workplace relations

· duty of care

· specialist advice from ATO (of applicable)

4 marks

  1. Analyse the Scenarios 1-7, as stated above, to evaluate areas (at least 6 areas) of the business operations of ACA Restaurant Café’ to review whether they comply with relevant legislative requirements. 3 marks

You are required to state those 6 (six) areas and then identify relevant sources from which you can access regulatory evidence for compliance (with laws and licensing) of your chosen 6 (six) areas, that you have evaluated. The aim is assessing and determining the business’s compliance status and govern the scope to improve business operations.

You may include the following bases from which you can access data:

  • local, state, territory or commonwealth government departments or regulatory agencies
  • industry associations
  • operational requirements of legislation documents
  • internet, computer data
  • discussions with experienced industry personnel or networking with colleagues and/or suppliers
  • lawyers
  • libraries
  • media
  • personal observations and experience
  • reference books
  • training courses
  • unions
  • industry:
  • accreditation operators
  • associations and organisations
  • developers of codes of conduct or ethics
  • journals
  • seminars

You may use the following suggested area (but not limited to) to consider for a restaurant café work environment:

  • accident and incident reporting
  • customer service
  • cancellations, refunds and exchanges
  • equal employment opportunity (EEO)
  • food handling and hygiene
  • harassment
  • responsible service of alcohol (RSA)
  • transport, handling and storage of food
  • work health & safety (WHS):
  • consultation
  • emergency evacuation
  • hazard identification and risk assessment
  • occupational rehabilitation

<0.25 mark allocated for each area listed (total of 1.5 marks), 0.25 mark for listing of the sources you require for those 6(six) areas you evaluated (total of 1.5 marks). Responses must be relevant to Scenario 1-5. Non-relevant data will be assessed not satisfactory. Total of 3 marks>

<Insert your responses here>

List the 6 (six) areas identified:

List of the sources of information on laws and legislations required to access for those 6(six) areas evaluated:

  1. Record your identified sources from which you can access regulatory evidence for compliance (with laws and licensing) and act on need for legal advice of your chosen 6 (six) areas, as stated in Task 1B, and give details by completing the given template below: 6 marks

Suggested regulatory information are given within the template for your understanding. You are to only choose those relevant laws and licencing that reflect with the 6(six) areas identified, as stated in the above Task 1B. You will be required to remove the other area of laws that may not be relevant/ not applicable to the given Scenarios 1-7.

One suitable example has been stated as a provision for your comprehension on how to utilise the template.

<0.5 mark allocated for providing all 6 (six) areas of laws, 1 mark allocated for providing all 6 (six) Government regulators, 1 mark allocated for providing all 6 (six) objectives relevant to the area of law, 1 mark allocated for providing all 6 (six) primary functions and procedures associated to the relevant area of law, 0.5 mark allocated for providing all 6 (six) websites relevant to the area of law, 1 mark allocated for providing all 6 (six) specialist advice associated to that areas of law and 1 mark for providing all 6 (six) details of communication method relevant to the law. Non-relevant data will be assessed not satisfactory. Total of 6 marks>

Area of Law

Government Regulator

Objectives

<can include services they provide>

Primary functions and general operating procedures

Informational Websites

Specialist Advice

<service advice they provide>

Communication methods

<channels>

<Example:

WHS>

<These are governmental body or governmental authority responsible for monitoring and enforcing the category of law or a specific law.

Example: Safe Work Australia>

<Example: remove or reduce the risks to the health, safety and welfare of all workers, contractors and visitors, and anyone else who may be affected by our business operations, etc>

<Example: secure the health and safety of workers and workplaces through the elimination or minimisation of risks, fair and effective representation, consultation, co-operation and issue resolution, encouraging employer organisations and unions to play a constructive role, etc>

<www.safeworkaustralia.gov.au>

<contact@safework.nsw.gov.au>

<Example: Email, live chat, post, seminars informational pamphlets and newsletters>

Employment/HR- employer’s superannuation

contracts

Food Safety

Fair Work Act 2009

Food Standards Australia New Zealand Act 1991

Hospitality Laws

Innkeepers Act

Insurance

Licenses required

Motor Vehicle

Public Transportation officers (drivers)

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

Registered Company Legislation

Copyright Act 1968

Privacy

Misc. General not specific

Taxation

Consumer law ­ refunds, exchanges and cancellations, terms and conditions of quotations and consumer contracts cancellation

Common law (duty of Care)

Industrial relation

Liquor licensing

Anti-discrimination legislation

Security

Environmental protection legislation

  1. Demonstrate the depth of knowledge you must be aware of for the identified relevant areas of law to ensure you, as the Manager of ACA Restaurant Café; can confirm appropriate implementation of these laws within the business. 2 marks

You are required to complete the following template by providing 6 (six) data with linking the required data to Task 1B (the identified 6(six) areas evaluated). Please refer to the Scenarios 1-7 and Business Summary of ACA Restaurant Café.

<0.25 mark allocated for all relevant area of law stated, 0.5 mark allocated for all relevant prohibited practices data, 0.25 mark allocated for all relevant auditing and inspection arrangement data, 0.5 mark allocated for all relevant licencing/certification and renewal data given and 0.5 mark for stating relevant insurances. Non-relevant data will be assessed not satisfactory. Total of 2 marks>

Area

Key practices prohibited by the law

Auditing and inspection arrangements

Licencing/ certification requirements and renewal

Insurances required

<Example: WHS>

<Example: People must not be discouraged or prevented from raising health and safety issues>

<Example: at least once every three months>

<Example: Relevant Staff to hold first aid certification>

<Example: Workers Compensation Insurance>

  1. Create a report by documenting identify risks, possibilities of its occurrences and the impact it may have for non-compliance. 3 marks

You are use the given template below by to recognising and listing at least 3 (three) risks associated with the areas of laws required, as stated in Task 1B and Task 1C, and calculate how often do you think it can happen, the impact and leading to what penalties. You may reflect to the Risk Assessment Matrix sample (available on e-learning) to support your understanding on how to decide on the degree of likelihood and consequences of the risks occurring within ACA Restaurant Café.

Consider the following:

  • discussion regulatory authorities to document business operational risk plan
  • preserving of business, occupational licences and/or contractor compliances
  • consultation with experts
  • reviewing and evaluating plans, policies, business functions and operations and adjustments

A suggested example has been given for your understanding.

<1 mark allocated for all 3 (three) relevant data given for risks, likelihood, consequence and penalties stated. Non-relevant data will be assessed not satisfactory Total of 3 marks>

Risk

Likelihood < how often it can happen>

Consequences < level of impact/damage>

Penalties for non-compliance

<outcome: e.g. fines/loss of license>

<Example: Minors found on liquor licensed premises>

<Example: Unlikely>

<Example: Severe>

<Example: $12190 fine (Based on Queensland records)

Task 2 – Policy Development

Once significant research has been conducted and issue with legislative requirements have been identified, the Owners acknowledges the need to develop or modify relevant policies to effectively deal/resolve them and to ensure compliance and continuous improvements within the business.

Your task is to:

Create 6 (six) policies and procedures for legal compliance of the 6 (six) areas of compliance that you have evaluated in Task 1B and Task 1C. ;18 marks

Enter details of the regulatory policies and procedures data using the template (within the given spaces in the template) to ensure it is in a format that can be accessible to all personnel.

Consider the following whilst designing the policies:

  • information of policies must relate to Task 1B and Task 1C. Non-relevant data will be assessed not satisfactory
  • requirements to develop and implement plans, policies, codes of conduct or incorporate certain business practices
  • the need to communicating with government authorities in a timely manner
  • recruiting skilled staff and assignment of roles and responsibilities to relevant personnel for regulatory compliance in policies and procedures.
  • rights and responsibilities of employees and employers
  • other specific action that must be taken for legal compliance
  • adherence to mandatory codes of conduct enshrined in legislation
  • conducting ongoing risk assessments in relation to non-compliance
  • development of a culture of commitment by employees, team leaders and managers
  • assist in updating staff knowledge of roles and responsibilities for legal compliance

Policy 1: (Area 1) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

Policy 2: (Area 2) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

Policy 3: (Area 3) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

Policy 4: (Area 4) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

Policy 5: (Area 5) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

Policy 6: (Area 6) 3 marks

Type of policy or procedure < state the type of policy /procedure> <0.5 mark>

Purpose < state the purpose of this policy> <0.5 mark>

Procedures < details of the procedure><0.5 mark>

Responsible person(s) < based on the organisational hierarchy of personnel who will be responsible><0.5 mark>

Relevant forms or documents to be used <e.g. reporting form, accident/incident form etc.> <0.5 mark>

Version/Date to be reviewed <provide the date the policy will be reviewed><0.5 mark>

8

Task 3 - Compliance and continuous improvement

By using the developed and/modified policies and procedures as stated in Task 2 to ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes.

A well-managed set of policies can aid in creating and maintenance to keep them up to date on these requirements and in compliance with relevant bodies.

The Owners of ACA Restaurant Café’ ensure to communicate with regulatory authorities when planning business operations and submitting all of the required documentation, to ensure such compliance. They are improving ways that will guarantee that all the e business and occupational; licenses are up-to-date and that any contractors are also properly licensed.

To ensure that all business functions are complaint with legal requirements, you as the Manager, need to evaluate and implement modified policies and thus communicate and distribute plans to all the team members for compliance with current laws and licensing requirements.

Your task is to:

  1. Outline a step by step system, based on the policies developed in Task 2 for the 6 (six) areas, how you will ensure consistent evaluation of operational compliance. 4 marks

You may study the following compliance framework to support the development of the steps and provide your findings in the given template below:

You may consider the following:

  • collaboration with experts ensuring feasible elements incorporated within policies
  • determine the best format of policies for your various spectators
  • easily accessible formats to staff
  • milestones for acknowledgement
  • measure understanding of staff
  • governance principles & compliance policy
  • recognise obligations
  • planning to address risk
  • establishing appropriate accountabilities & responsibilities
  • compliance management system and documentation e.g. checklists, reports or legal forms
  • program performance & compliance reporting
  • management of non-compliance, continuous improvement, communication and staying up-to date

<0.5 mark allocated stating relevant data of 6 (six) areas, 0.5 mark allocated for stating relevant data of key Act for the areas, 1 mark allocated for stating relevant data of modification for the areas, 1 mark allocated for stating relevant data of actions to be taken for the areas and 1 mark allocated for stating relevant data of documentation for the areas. All info must be relevant to Task 2. Non-relevant data will be assessed not satisfactory. Total of 4 marks>

Area of Law

Key Act to confirm compliance

Modifications implemented as per the policies

Actions to be taken to ensure compliance

Documentation to support compliance

< any documents and records to assure conformance>

  1. Ensure your staff at the relevant levels of responsibility is consistently up to date with the relevant information of the 6 (six) areas for changes as stated in the above Task 3A. 3 marks

Based on the organisational structure as given in the Business Summary plan of ACA Restaurant Café (available on e-learning), provide detailed communication plan on how you will share the updated regulatory knowledge and the modification incorporated within the policies and procedures.

Consider the following:

  • document changes of legislations e.g. any government forms or templates, factsheets or policies accessible on website or in printed copies
  • leverage information from staff on how the policies will be best received by them e.g. workplace database, intranet system, smart phone, shared drive
  • distribute of plans, policies and procedures for compliance with current laws and licensing requirements
  • make the policies and procedures easily accessible to all staff

<0.5 mark allocated for each, providing all 6 (six) relevant data of areas, modified information, responsible staff, communication and distribution method. Total of 3 marks>

Area of knowledge updated

Modified information

Staff responsible to be updated on information

Communication method used

Distribution method

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