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Statement of Attainment - Work Health and Safety Act 2011 - Anti-Discrimination Act 1977 - Finance Assessment Answer

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Internal Code: 1AHDAA

Finance Assessment Answer

TASK: Part A- Research and Currency Task A1 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. Requirements: Research online using search engine(s) to identify three sources of information legislation that relate to tourism or travel related businesses operating in Australia. For each of the three identified/chosen pieces of legislation you must submit a written response which outlines the following in 300-500 words; Summarise of each piece of legislation which includes the objective of the legislation and breach penalties.
  • Explain what ACA Cafe must do to comply with each of these pieces of legislation
Australia New Zealand Food Standards Code - Standard 3.1.1 - Interpretation and Application Purpose This Standard sets out the interpretation and application provisions that apply to the other food safety standards set out in this Chapter of the Code.  The objective of the food safety standards is to ensure that only safe and suitable food is sold in Australia.  2 Meaning of safe and suitable food  (1) For the purposes of the Food Safety Standards, food is not safe if it would be likely to cause physical harm to a person who might later consume it, assuming it was – (a) after that time and before being consumed by the person, properly subjected to all processes (if any) that are relevant to its reasonable intended use; and (b) consumed by the person according to its reasonable intended use. As the Cafe Manager at ACA Cafe, monitoring a food and beverages company. Therefore, food regulation under this legislation must be obeyed. Making sure the company follow the regulation by monitoring the ingridients that comes and goes so that it can prevent negative things from arising from the lack of attention given to food and beverage production provided by the company that I lead. However, the daily number of food poisoning cases in Australia is estimated at 11,500, with the rate of salmonella increasing 80 per cent over the past decade and gastroenteritis surging 75 per cent in the same time. In fact, 120 people die of food poisoning in Australia each year. Food safety is everyone’s responsibility. To responsibly manage a business’ food safety, an Manager must:
  • Demonstrate the authority to act as an manager with a Statement of Attainment from a nationally registered RTO
  • Supervise staff in food handling to ensure compliance with food safety regulations
  • Manage the food business’ Food Safety Plan and Food Safety Program
  • If away, ensure the food business is protected and maintains high standards of food safety in their absence.
Task A2 Laws and regulations change constantly and it is the responsibility of the business to maintain currency in understanding and application with the latest changes. Under Australian Legislation not knowing or being unaware of a legal change is not an applicable defence in the eyes of the Law. Requirements: Research,identify and discuss what type of information is available for four (4) methods for keeping current with changes in legislation, laws and regulations. Outline these four (4) methods from both the Government and non-Government information sources in 100 -200 words. Here are some steps which will facilitate the process of knowing the legislation and implementing it internally:
  1. Enrol in newsletters with updates from the legislator (Law firms, Regulatory bodies, etc.). This will enable we to know when there is a new regulation that concerns we and what are its requirements and deadlines;
  2. Participate in seminars, conferences or web trainings that inform we on how the new regulation must be implemented. When this is not possible, reading summaries prepared by professionals could be also useful; as it is preparing a summary ourself. Don’t forget to highlight items like: concerned parties, requirements, deadlines and penalties.
  3. Check our internal procedures and think of ways how to introduce the new requirements into the existing procedures. The content of the law can give useful guidance, especially on the parts that enumerate what is required.
  4. Inform all the staff on the new legal requirements and refresh their knowledge. Compliance is not just a responsibility of the Management and of the Compliance Officer – It is the job of everyone who works in the financial sector to be alert. Everyone must be able to avoid executing and to report transactions that are suspicious of money laundering and/or financing terrorism.
  5. Keep a database with the all the regulations that concern we. Register their dates of approval, their subjects and the status of their implementation within our company.
  6. Keep an excel sheet with the status of KYC (Know Our Customer) files of all our clients and a register of breaches. Make sure to keep them up to date.
  7. Inform the clients on the new legal requirements and make it clear for them that respecting the law is not optional and that it is in the common interest to comply with the laws. Establish a deadline for non-collaborative clients and estimate the risks of keeping them within our company without being compliant.
  8. Document everything and keep records of work that is done, of work in progress and of work to be done with regards to compliance.
  9. Appoint a Compliance Officer. If it is not possible, appoint a single person in charge of our company’s compliance operations and have her/him trained.
  10. In cases of need engage professional advisers in the sector in short term or in permanent term. It might have a high cost in the short term but it will bring we long term profits and the comfort of a ‘healthy’ continuation of our business.
Task A3 Requirements: Discuss the following 8 questions as it applies to the ACA Cafe in 700-1,000 words  
  • Outline three (3) licences ACA Cafe would require and describe how management would ensure that all these licences were obtained and renewed on time?
Part B Communications/Consultation and Responsibilities Methods of Communicating with Government Legal Regulators TaskB1 Local, State and Federal governments have legal regulators who monitor and enforce the legislation in their jurisdiction. It is crucial in maintaining compliance and currency that companies understand the opportunities and communication resources available to them.Companies need to understand how to communicate with regulating agencies and what information is accessible for each communication channel available. An example of this is the Australian Taxation Office (ATO), which monitors and enforces the taxation laws of the Federal government. The ATO has a variety of communication channels available for requesting and submitting required information. Companies need to understand which channel is appropriate for both submission and requesting specific types of information. Requirements: Select one (1) area of law related to ACA Cafe Identify the governmental body or governmental authority responsible for monitoring and enforcing the category of law or a specific law. Based on the ATO sample in Appendix 3 and using the chosen governmental body or governmental authority complete the template below listing the appropriate channels for that legislative body. Task B2 As the Manager of ACA Café, you know that consultation with others is an important stage in understanding the regulations in the workplace. In today’s business environment, external stakeholders have a legal right to current and constant communication from the business, regarding the company’s legal compliance. For this compliance to occur, business should know and use available external consultation resources. Requirements: Using the ACA Cafe business plan complete the consultation resources template for the five (5) area of law located at the bottom of the template which include: Discrimination, Harassment, Pollution, customer injury and Work Health and Safety. (A sample response is located as Appendix 3)
  • Outline who should be communicated to both externally and internally for five areas of law.
  • Outline how information should be communicated i.e. face to face or staff meeting, etc. for each.
internal Consultation, Communications, and Delineation of Responsibility regarding Government Legal Regulators Task B3 ACA Cafe has been made aware, by the regulator, that they are in breach of a regulation regarding aWHS officer (Senior First Aid Holder) not being on site at all times. The business is changing the company Health and Safety Policy(ACA Cafe Business plan) to implement mandatory First Aid training. Currently only one senior manager (the weekday shift  manager) is required to take any form of first aid training. Now the company wants all staff (weekday and weekend) to hold a current Senior First Aid certificate. Requirements: Complete a written report of500-700 words outlining what actions should be implemented, by who the actions should be undertaken and what communications processes should be involved for ACA Cafe company to change their WHS policy. The report must include; A detailed description of how ACA Cafe staff could be made aware of the legal change(s) and what the penalties might be for non-compliance.   An outline of what changes in policy and procedures must be made by each level of the organisation Outline if otherpolicies and procedures must be changed and who in ACA Cafe would be  responsible for developing the policy and procedure Determine and discuss who is responsible for implementing these policy and procedure changes. How would ACA Café  staff be kept informed on an on-going basis and who for implementing them Designate who in ACA Cafe company would be responsible to enforce and monitor these new policies and procedures.  
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