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RESEARCH AND METHODOLOGY - PACT 214

TOPIC 1

1.1A

The seven sources of information for compliance with laws and licensing for business operations are the
ff:

 Legal experts - This is compliant with the company legislation.


 Media - The national telecoms and the broadcasts that supervise everything.
 Internet - Where anything could be real, but not always. Where there is a credible source of
information that is included in the profile of the author and the associated works and
information that is related to the necessary compliance.
 Reference books - At least in a book that is lawfully written in the author's possession.
 Industry journals - or also known as a magazine, is a periodical that targets a specific industry or
trade group. Trade journals will publish news and feature articles that focus on topics of
interest to professionals in the target industry.
 State regulatory authorities - within a wide area of a city, it is separate from the corporation. it
is for them to complete their authorization inside the state and comply with the business
organization's legal location.
 Networking with colleagues and suppliers - it can be an excellent source of new perspectives
and ideas to help you in your role. Exchanging information on challenges, experiences, and
goals is a key benefit of networking because it allows you to gain new insights that you may not
have otherwise thought of.

1.1B

Learn about and get license laws, council approvals, and compliance requirements in Queensland by
visiting the Australian government's website ABLIS (Australian Business Licensing and Information
Service). The reason for this is that it is an excellent source of knowledge. "gov.au" is the Australian
government's website link, which indicates a closed and secure domain. Other relevant information and
connections, such as council approvals and licensing limits, were also provided based on what was
requested. As a result of its ease of use and lack of support, the site was a breeze to navigate. The lock
icon next to the search field shows that the site is safe and secure since it is protected by the
government.

Q1.2
You should take into account the nature of your business before you begin determining your
organization's compliance obligations. As a result, the goods and services given and how they are
promoted and sold are both hampered. Because it aids in identifying the application resources and
allocation requirements that an organization must meet in order to create this capacity and identify the
area, you should know this information as well. It can be difficult to anticipate what needs to be fixed.

Q 1.3

Equal opportunity and anti-discrimination legislation and health and safety legislation are two sources of
Australian regulatory information that may or may not apply to the firm. The health and safety
legislation strives to protect workers and workplaces by eliminating or decreasing risks, fair and effective
representation, consultation, collaboration, and issue resolution, and effective and suitable compliance
and enforcement methods, among other concerns. Workers and others are protected to the greatest
extent possible from dangers and risks. People were meant to be protected by the law, which
established safe work practices to reduce or eliminate hazards to health and safety. The right of
employees to work in a safe environment is guaranteed by health and safety regulations, which imply a
shared duty. Health and safety requirements specified in an organization's procedures handbook or
documentation must be adhered to by the employee as well. Equal opportunity and antidiscrimination
legislation mandates that businesses take all reasonable measures to ensure a work environment free of
discrimination and harassment for their employees, customers, and anyone else in their care. It's about
treating everyone equally and fairly. People cannot be discriminated against because of their race,
nationality, gender, sexual orientation, religion, or skin color, according to federal and state/territorial
regulations.

Q 1.4A

The 10 risks, penalties and consequences of non - compliance with consumer protection legislation are
the ff:

1. Education, Advice, and Influencing Good Practice


2. Voluntary Industry
3. Self-Regulation Codes
4. Without Prejudice Discussions
5. Dispute Resolution
6. Formal Written Warnings
7. Infringement Notices
8. Enforceable Notices
9. Public Warnings
10. Court Orders

Q1.4B

The unlawful discrimination is:

- The Age Discrimination Act of 2004 (ADA) outdraws age discrimination in work. applies to bath
young and aged workers. Aside from jobs and education, the ADA safeguards Australians of all
ages from being subjected to discrimination in other aspects of public life. In addition, the ADA
prohibits anybody from harassing or intimidating someone because of their age.

- Disability Discrimination Act 1992 - It is illegal to discriminate against a person because of their
disability under the Disability Discrimination Act of 1992 (DDA), which covers many aspects of
public life, from employment and education to obtaining or using services, to renting or
purchasing real estate or a home or unit, to getting into public spaces.

- Racial Discrimination Act of 1975 - Race, color, nationality or ethnicity are not factors in
determining one's taw status under the Racial Discrimination Act of 1975. Discrimination based
on race, ethnicity or national origin is prohibited by law.

- Sex Discrimination Act 198 - The Act protects people against discrimination based on their
gender, sexual orientation, gender identity, intersex status, marital or relationship status,
pregnancy, or breastfeeding. In addition, it safeguards employees with dependents and makes
sexual harassment a criminal offense.

- Non-compliance with liquor license can result in fines or other disciplinary measures. For
example, selling or distributing alcohol to minors on licensed or regulated facilities constitutes a
violation. In Western Australia, a violation of this law carries a fine of $10,000 for the license and
$4,000. The identical offense in South Wales carries a penalty of 100 penalty points or a
sentence of 12 months in jail.

Q1.5A

A knowledgeable legal adviser will help the facility solve problems for ongoing business activities. The
legal profession, if legally registered, has the right to advise the operating business, which limits the
legal profession to his work and what he can do within the company is what he has positioned for the
company only.

Q1.5B

The 6(six) questions that might be asked when determining whose services to use for specialist legal
advice are the ff:

1. Do they have the proper qualifications?


2. Is their experience related to the needs of the organization?
3. Do you have enough experience?
4. Are you a member of your professional association?
5. How do you keep your knowledge and skills up to date?
6. What did you do with a similar subject or organization?

TOPIC 2
Q2.1A

These policies and procedures are necessary to comply with the law, address stakeholders' complaints,
or improve the workplace culture. It's important to know the distinction between policies and
procedures when conducting business. In an organization, policy serves as a guiding principle, while
procedure provides specifics on how to put that idea into practice. The following below are ten areas of
law where policies and procedures could be applicable.

 Food transport, Handling, and Storage


 Waste Disposal
 Guidance and Discipline
 Harassment
 Returns, Refunds, and Exchanges
 Food preparation and Sanitation
 Reporting of accidents and incidents
 Local community defense
 Responsible alcohol service
 Equal employment opportunity

Q2.1B

The Components of a compliance management system are the ff:

1. Strategic vision- organization's strategic goals.


2. Risk assessment- actively identifies its compliance and assesses those risk periodically.
3. Control points- reinforced trough behavioral and procedural controls and procedural
mechanism.
4. Adequate documentation- activities are documented to ensure they can be substantiated in the
event of a breach.
5. Identified positions- a position is determined and allocated to manage each element of the
compliance system.
6. Communication- processes for the for the internal and external promulgation and promotion.
7. Continuous improvement- made to address areas of identified risk.
8. Adequate documentation- activities are documented to ensure they can be substantiated.

Q2.1C

The six steps involve in developing policies are the ff:

1.Introduction to health and safety personnel, HRS, first aid officer, fire warden.
2. Roles and responsibility of employers, workers, health and safety committees.
3. Hazard and risk associated with the work.
4. Risk control measure.
5. Welfare facilities such as staff assistance program.
6. Emergency response procedures.

Q2.2

It is important that policy documents are written clearly so that they can be read, written in simple
English so that they can be easily understood, grammatically correct, and formatted such that the
instructions follow logical steps or sequences.

Q2.3

 Project Team Meeting- Team members assemble to discuss project details, and information is
distributed to bartenders. The purpose of a team pulse meeting is to assess the current state of
affairs. The goal of team problem-solving meetings is to find solutions to problems.

Individual, face-to-face meetings- The exchange of information between a management and an
employee in order to keep them informed, handle concerns, and help them progress in their
responsibilities.
 Video conferencing- a cost-effective alternative to phone conferencing for corporations that
gives information to individual users and allows them to communicate with faraway colleagues.
 Conference calls- An important business issue that requires the input of multiple people and is
easier to disseminate information about via this platform.
 Sending Email- If you want to send information to coworkers via electronic messages sent from
one computer user or several receivers over a network, this is a great tool.

Q2.4

Considerations when organizing information updates for staff on policies, procedures, and legal
information are the ff:

 Information kits
 Supporting documentation
 Presenting written information.

TOPIC 3

Q3.1A

1. Australian Taxation Office (ATO).


2. Australian Communication and Media Authorities (ACMA).
3. Commonwealth of Australia (ComLaw).
4. Australasian Legal Information Institute (Austlii).
5. Australian Community and Investment Commission (ACIC).
6. Australian Human Rights and Equal Employment Opportunity Commission (HREOC).
7. gov.au.
8. Australian Competition and Consumer Commission (ACCC).
9. Australian Direct Marketing Association (ADMA).
10. Safe Work Australia.

Q3.1B

Types of Communication:

Providing information to customers in their preferred language

Using interpreters and translators when and where needed

Relevant cultural information will be used when organizing services and communication

Online Services:
EMPLOYERS
Register for insurance cover
Premium payments
Employer remuneration return
Pay your premium credit card
Download certificate of registration currency
Labor hire SAIC lookup
Submit self-insured claims data

Q3.2A

A compliance breach occurs when there is a failure to comply with established Rules, Policies,
Procedures or Guidelines. Breaches can occur, for example, through human error, technical issues,
misinterpretation of the obligations, or through a deliberate act. A compliance breach is an act or
omission whereby an organization has not met its compliance obligations.

Three of the consequences:


Court imposed fines.
Loss in stakeholder confidence.
Injury or death to people.

Q3.2B

Federal state and local governments are responsible for the different types of permits, licenses,
certificates and registrations that apply to organizations. Within state under which the business
operates, information can be accessed from the government body to determine the compliance
requirements. Regulatory authorities update their websites regularly with changes to requirements and
some information sessions for business representatives to attend to hear about the latest changes.
Q3.2C

• Comply with your obligations under Australian work health and safety legislation and contract specific
WHS requirements.
• Consult in relation to work health and safety duties and obligations to determine how responsibilities
will be managed.
• Comply with government and health recommendations.
• Demonstrate and have an effective WHS management system.
• Provide information on how health and safety risks have been eliminated in work undertaken.
• Comply with contract specific WHS requirements for qualifications, licenses and registration.
• Comply with the procedures we have implemented to protect workers health and safety.
• Report all incidents that have affected the health and safety of people.

Q3.3A

• Business Licenses
• Employment Laws
• Environmental Measures
• Planning and Property Law
• Taxation Requirements
• Insurance Requirements

Q3.3B

If a breach is identified, staff will need to take immediate action to contain the issue and report it to the
appropriate line manager.

Q3.3C

The line manager might escalate the problem to compliance manager and the relevant internal and
external stakeholders through the established reporting systems and procedures.

Q3.3D

Under a serious breach has occurred such as health and safety breach that has resulted in a serious
injury.

• Suspected but not yet fully investigated breaches.


• Actions undertaken to investigate the cause of the breach.
• Actions undertaken by the organization to reduce further risks of the breach occurring.
• Any difficulties in complying with specific legislation, regulations, codes or standards.
• Unintentional consequences of law which make compliance difficult.
TOPIC 4

Q4.1A

This ensures the safety and welling of employees, not to mention the commercial benefits however,
adhering to the rules is never plain sailing. If something goes unexpectedly wrong, it can quickly escalate
into a potentially dangerous and serious hazard to health, safety and business continuity. So that the
employees, employers and the general public are not put at risk by any of the organization's activities.

Q4.1B

Regulatory Requirements encourages you secure your business' assets and notoriety. It requires some
investment to assemble trust with clients, possibilities, and merchants, and a major piece of that fixates
on your moral conduct. Consistence establishes the framework on which you fabricate your
organization's standing. It is important if the organizations want to remain compliant with legislation,
licensing laws and best practice.

Q4.1C

• Food safety and health regulations - all organizations involved in food handling will have HACCP
(Hazard Analysis and Critical Control Points) plan or similar food safety plans.
• Environmental impact - organizations need to be aware of changes to environmental legislation.
• Changes to smoking laws, the responsible service of alcohol and gaming regulations - impacted on the
travel, tourism and hospitality industries.

Q4.1D

• Discussions with experienced industry personnel


• Networking with colleagues and suppliers
From these opportunities, we could gain current knowledge in a timely manner and an opportunity for a
two-way discussion.

Q4.2

 Email- Because face-to-face interaction is not possible at the moment as we have to comply with
the current policy of the country.
 News- workers would be able to access on time and would be able to provide feedback.
Q4.3A

Identifying the reason for the review.


Gathering information through researching legislation, regulations and practice.
Consulting the stakeholders.
Preparing draft versions of the reviewed policy document and circulating these to stakeholders.
Implementing the reviewed policy.

The benefits of reviewing policies is to analyze the current situation and to identify what are the best
practices.

Q4.3B

Advising the staff that the updated policies are available online or circulating the policies to those
impacted by them.

Highlighting significant changes at team meetings via email or in internal publications such as
newsletters.

TOPIC 5

Q5.1

Provide machinery, equipment, appliances, implements, tools and substances in a safe condition
Provide instruction, training and supervision as necessary to ensure that each employee is safe.
Provide and maintain a safe working environment and work.
Ensure that every employee is safe from injury and risks to health in their working environment.
Provide adequate facilities such as toilets, meal areas and first aid services.

Q5.2

Australian Competition and Consumer Commission (ACCC) is an independent statutory authority which
was formed in 1995 to administer competition and consumer legislation.

> Regulates national infrastructure industries.


> Promotes fair trade in the marketplace.
> Recommends dispute resolution, can authorize some anti-competitive conduct and will take legal
action.
> Ensure that individuals and businesses comply with the Commonwealth's competition, fair trading and
consumer protection laws.
Q5.3

The objective of the Australian competition and consumer legislation is to provide for an equitable,
competitive, informed and safe marketplace. One component of this protects consumers against false or
misleading selling practices about goods and services in promotions or advertising.

Q5.4

Food safety legislation


Competition and consumer legislation
Health and safety legislation
Licensing legislation
Employment legislation
Privacy legislation
Equal Employment Opportunity and anti-harassment legislation

Q5.5

• Asset and revenue insurance - includes insurance for building and contents, burglary, business
interruption or loss of profits, machinery breakdown and motor vehicles.
• People insurance - includes workers' insurance to cover employee’s accident and illness insurance.
• Liability insurance - includes public liability, product liability and professional indemnity.

Organizations who fail to take out compulsory insurances could be subject to penalties.

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