This document is Legal Compliance Briefing Report Template.

It is part of the supporting resources for Assessment Task 2 of SITXGLC001.

Blue Healer Resort

Legal Compliance Briefing Report

As the Operations Manager at Blue Healer Restaurant, I conducted research to determine the company's
legal compliance obligations. This report provides an overview of the laws, codes, and regulations that
govern restaurant operations such as catering and administration. The report outlines prohibited practices
under the law, auditing and inspection regimes required to ensure compliance, the main consequences of
non-compliance, business or occupational licensing and associated compulsory training and certification,
required record keeping and acceptable record keeping mechanisms, statutory reporting requirements,
any business insurance(s) required, mandatory codes of conduct enshrined in legislation, required plans,
policies, codes of conduct, required plans, policies, codes of conduct, required plans, policies, codes of
conduct, required plans, policies, codes of conduct,

Catering
Current legislation
• Food Standards Code
• Work Health and Safety Act 2011
• Fair Work Act 2009
• Taxation Administration Act 1953
• Australian Consumer Law
• Liquor Act 2007
• Smoke-Free Environment Act 2000

Government regulatory documents

• Food Safety Standards
• Workplace Health and Safety Regulations
• Fair Work Regulations
• Australian Taxation Office (ATO) Guidelines
• Australian Competition and Consumer Commission (ACCC) Guidelines
• Liquor and Gaming NSW Guidelines
• Smoke-Free Environment Regulation

Professional standards
• Australian Institute of Food Safety Standards
• Australian Culinary Federation Standards
• Australian Hotels Association Standards

SITXGLC001 Research and comply with regulatory requirements 1

This document is Legal Compliance Briefing Report Template.
It is part of the supporting resources for Assessment Task 2 of SITXGLC001.

Codes of practice
• Code of Practice for the Construction of Food Premises and Equipment
• Code of Practice for the Safe Handling of Food
• Code of Practice for the Hospitality Industry
• Code of Practice for the Responsible Service of Alcohol

Standards issued by regulatory authorities

• Food Safety Standards
• Workplace Health and Safety Regulations
• Fair Work Regulations
• Australian Taxation Office (ATO) Guidelines
• Australian Competition and Consumer Commission (ACCC) Guidelines
• Liquor and Gaming NSW Guidelines
• Smoke-Free Environment Regulation

Regulatory information and business management manuals issued by industry associations

• Australian Hotels Association (AHA) Regulatory Information
• Australian Institute of Food Safety (AIFS) Business Management Manuals
• Australian Culinary Federation (ACF) Business Management Manuals

Risks and consequences of not complying with compliance obligations

Noncompliance with legal obligations in the catering industry may result in:
• food contamination, resulting in customer complaints, illness, and legal action; and
• workplace injuries or accidents, resulting in liability claims and fines.
• Employee claims for unfair dismissal, wage disputes, and legal action;
• Taxation penalties and legal action by the ATO;
• Consumer complaints and legal action by the ACCC; and
• Licensing violations, fines, and legal action by Liquor and Gaming NSW.
• Penalties and legal action for violations of smoke-free environment regulations

Specialist legal advice required to ensure compliance

• Food Safety Law
• Liquor Licensing Law

Administration

SITXGLC001 Research and comply with regulatory requirements 2

This document is Legal Compliance Briefing Report Template.
It is part of the supporting resources for Assessment Task 2 of SITXGLC001.

Current legislation
• Privacy Act 1988
• Work Health and Safety Act 2011
• Fair Work Act 2009
• Taxation Administration Act 1953
• Australian Consumer Law

Government regulatory documents

• Privacy Guidelines
• Workplace Health and Safety Regulations
• Fair Work Regulations
• Australian Taxation Office (ATO) Guidelines
• Australian Competition and Consumer Commission (ACCC) Guidelines

Professional standards
• Australian Institute of Business Administration Standards
• Australian Institute of Management Standards

Codes of practice
• Code of Practice for the Protection of Personal Information
• Code of Practice for Workplace Health and Safety
• Code of Practice for the Recruitment and Selection of Employees
Standards issued by regulatory authorities
• Privacy Guidelines
• Workplace Health and Safety Regulations
• Fair Work Regulations
• Australian Taxation Office (ATO) Guidelines
• Australian Competition and Consumer Commission (ACCC) Guidelines

Regulatory information and business management manuals issued by industry associations

• Australian Institute of Business Administration (AIBA) Regulatory Information
• Australian Institute of Management (AIM) Business Management Manuals

SITXGLC001 Research and comply with regulatory requirements 3

This document is Legal Compliance Briefing Report Template.
It is part of the supporting resources for Assessment Task 2 of SITXGLC001.

Risks and consequences of not complying with compliance obligations

Noncompliance with legal obligations in administration may result in:
• Injuries or accidents at work, resulting in liability claims and fines
• Unfair dismissal claims, wage disputes, and employee legal action
• Taxation penalties and ATO legal action
• Consumer Complaints and ACCC legal action

Specialist legal advice required to ensure compliance

• Privacy Law
• Employment Law

Requirements
For each law, code, standard and licensing requirement listed above, fill out the following table:

<name of law, code, standard or licensing requirement>

Practices that are prohibited by the law • Selling unsafe or unfit-for-consumption food;
• Misleading customers about the composition or origin
of food; and
• Excessive or unauthorized use of food additives.

Auditing and inspection regimes needed to • Inspections by state and territory health authorities on
ensure compliance a regular basis
• Accredited auditors auditing food safety programs
• Monitoring of food recalls and withdrawal of unsafe
products

The main consequences of non-compliance • Health authority fines and legal action
• Suspension or cancellation of food licenses • Loss of
reputation and customer trust
• Legal action by affected consumers

Business or occupational licensing and • Each state and territory requires a food business
associated compulsory training and license;
certification
• Some states and territories require food safety
supervisor certification.
• Some states and territories require food safety
training for employees.

SITXGLC001 Research and comply with regulatory requirements 4

This document is Legal Compliance Briefing Report Template.
It is part of the supporting resources for Assessment Task 2 of SITXGLC001.

Required record keeping and acceptable • Food safety program records, including hazard
record keeping mechanisms analysis and critical control points (HACCP), must be
maintained.
• Food processing, handling, and storage records must
be kept.
• Staff training and food safety supervisor certification
records must be kept.

Statutory reporting requirements • Outbreaks of foodborne illness must be reported to

health authorities;
• Certain food businesses must report on the use of
food additives and nutritive substances; and Annual
reports are required by some states and territories for
food businesses.

Any business insurance(s) required • Public liability insurance is recommended for food
businesses

Mandatory codes of conduct enshrined in • The Food Standards Code establishes mandatory
legislation requirements for food labeling, composition, and food
safety.
• Some states and territories have specific allergen
labeling requirements.

Required plans, policies, codes of conduct • A food safety program based on HACCP principles
or business practices must be in place;
• Employees must adhere to strict hygiene practices,
such as hand washing and wearing appropriate
clothing; and
• Food must be stored, transported, and displayed in a
safe and sanitary manner.

The rights and responsibilities of employees • Employers must provide a safe working environment;
and employers • Employees must follow safe work practices; and
• Employers must provide training and supervision to
ensure employees are competent in their roles.

Any other actions that must be taken for • Complying with applicable state and territory food
legal compliance regulations; and
• Staying current on changes to the Food Standards
Code and other relevant legislation.

SITXGLC001 Research and comply with regulatory requirements 5