SITXGLC002 - Identify and manage legal risks and comply with law

Unit code:SITXGLC002Study level:TAFE

Nominal hours

Location

Footscray Nicholson
Industry

Prerequisites

(Or equivalent to be determined by unit coordinator)
Co-requisites
(Corequisite units must be studied concurrently with this unit)

Overview

This unit describes the performance outcomes, skills and knowledge required to identify and manage legal risks and comply with laws applicable to specific business operations. It requires the ability to identify legal risks, access and interpret regulatory information, and determine action required to manage legal risks and to comply with applicable laws.
The unit applies to legal issues arising in day-to-day business operations in all tourism, travel, hospitality and event sectors.It applies to senior personnel who operate with limited guidance from others and who are responsible for making a range of operational business and legal risk management decisions.

Assessment

For Melbourne campuses

Assessment tasks will be designed to reinforce & extend knowledge and skill competence within set & controlled parameters in accordance with each units learning outcomes & performance criteria requirements, including the setting of work based practical application tasks designed to provide evidence of competence outcomes, within periodic and scheduled timelines.

Students will be expected to demonstrate the following required skills:

identify six different legal risks requiring risk management and legal compliance for the operations of a specific tourism, travel, hospitality or events business
develop risk management strategies and legal compliance actions for each of the six legal areas above
integrate the risk management strategies and legal compliance actions into operational planning activities for each of the six legal areas above
identify sources of information and advice on risk management and legal compliance for each of the six legal areas above.

Students will also be expected to demonstrate the following knowledge:

legal advantages and disadvantages, risks and benefits of different business operation structures:

sole trader
partnership
company

sources of information and advice on legal risk management and compliance:

local, state, territory or Commonwealth government departments or regulatory agencies
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
libraries
personal observations and experience
reference books
training courses

functions of regulatory authorities relevant to the tourism, travel, hospitality and events industries
methods of receiving updated information on managing legal risks and compliance requirements
strategies for managing legal risks and legal compliance
primary components of legal principles and of local, state, territory and Commonwealth government laws to which all types of businesses must comply:

anti-discrimination, including provisions for equal employment opportunity (EEO) and harassment
anti-trust laws ("restrictive trade practices"), including the prohibitions on anti-cartel, resale price maintenance and third line forcing
Australian Consumer Law (ACL), including provisions for refunds, exchanges and cancellations, terms and conditions of quotations and consumer contracts
contract formation and content
copyright law
duty of care and negligence
e-commerce and social media
employer superannuation contributions
Fair Work Act 2009, including provisions for National Employment Standards (NES)
insurance, including public liability and professional indemnity insurance
privacy law
trade mark law
work health and safety
workers’ compensation, including provisions for injury reporting and occupational rehabilitation

laws, codes, standards and licensing requirements that impact on specific operators in the tourism, travel, hospitality and event industries and are applicable to the individual’s context:

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, including responsible service of alcohol
Queensland Tourism Services Act 2003
Residential Tenancy Act
responsible conduct of gaming regulation

for each relevant law, code, standard and licensing requirement listed above:

objectives and primary components
key practices and legal risks that need to be managed
key actions needed to manage the legal risks and comply with the law
main consequences of failure to manage the legal risks or non-compliance with the law
requirements for record keeping and acceptable record keeping mechanisms

opportunities to maintain knowledge of legal risks and legal risk management and compliance requirements:

participating in industry seminars
membership of professional industry associations
participating in training courses.

Required reading

The qualified trainer and assessor will provide teaching and learning materials as required in the form of workbooks produced by Victoria University and/or via the Victoria University e-learning system.