Scenario 1 - Superannuation law Noor manages payroll for The Event Co., a part of The Experience Co-operative. Noor is new to the organisation and is highly experienced in superannuation compliance for payroll. During a recent sample audit, Noor discovered superannuation payments had not been updated to the new rate by the due date required. This situation was not picked up by Noor's predecessor, and payments have been at the wrong percentage for 2 quarters. Noor also noticed that The Event Co. was routinely missing the deadlines for paying superannuation, resulting in a recent fine from the ATO. Noor would like your help in understanding the legal risk and compliance requirements in ensuring superannuation is paid correctly.

Task 1: Identify risk to business operations In this task, you will evaluate the business risk. 1. Describe the operational area of risk, the legislative area of risk and the compliance area of risk based on your understanding of the scenario.

Task 2: Research legal risk and compliance requirements To complete this part of the assessment, research and identify the legislation and the compliance requirements and potential penalties applicable to each scenario. Document your research findings, and reference credible sources of information, including hyperlinks to legislation and other sources. 1. Identify and describe the purpose of the primary legislation applicable in NSW, compliance requirements, and penalties applicable to the scenario.

Task 3: Evaluate the risk to business operations This section evaluates the risk to the business, including penalties for non-compliance. 1. Evaluate the risk for the business. In your answer, use the risk matrix provided in the project brief to describe the likelihood and consequence of the risk to business operations. Justify your response by referring to the evidence from your research.

2. Using the results of your risk evaluation as a guide, do you think specialist legal advice is required? Justify your response.

Task 4: Propose risk management strategies and actions To complete this part of the assessment, you must complete the following task/s to industry standards. Use the information below and the criteria listed on the checklist to guide your responses. Develop a risk management strategy for the scenario, successfully documenting the process of managing legal risks and compliance actions. The risk management process must include: recommendations to manage the risk, including specific actions existing documentation within the business to manage the risk. 1. Make recommendations to manage the risk, describing actions to control, reduce or eliminate the risk. Refer to the SO documentation and identify gaps. Use external information to support the suggested actions.

2. What is the record keeping requirement for documentation in this scenario?

Task 5: Integrate risk management activities into business operations 1. Describe how continual evaluation of non-compliance could be conducted in this scenario. Explain all actions, referencing workplace processes required to complete the action. Refer to the simulated organisation documentation. 2. Describe the rectification process that could take place in response to the issues identified in the scenario. Refer to the simulated organisation documentation.

Task 6: Ensure knowledge of risk and risk management is maintained 1. Describe and give examples of opportunities to develop skills and knowledge for the legal risk and compliance requirements of the scenario.

2. Describe and give examples of the methods to share information with staff when regulatory knowledge is updated for the legal risk and compliance requirement in the scenario.

1. CREDIBLE SOURCES FOR INFORMATION

LEGISLATION:

NSW https://legislation.nsw.gov.au/view/whole/html/inforce/2004-04-05/act-1892-012#:~:text=(1)%20All%20the%20partners%20are,liabilities%20incurred%20by%20the%20partner.

COMMONWEALTH http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/aa1977204/

BUSINESS STRUCTURES:

https://www.ato.gov.au/Business/Starting-your-own-business/Business-structures---key-tax-obligations/

https://asic.gov.au/for-business/small-business/starting-a-small-business/setting-up-a-business-structure/

https://business.gov.au/planning/business-structures-and-types/business-structures

https://www.fairtrading.nsw.gov.au/trades-and-businesses/business-essentials/starting-a-business/business-structures

https://www.service.nsw.gov.au/transaction/set-trust-business-structure

BUSINESS LICENCES

Australian Business Licence and Information Service - ABLIS

HOSPITALITY ASSOCIATIONS:

https://www.rca.asn.au/

https://aha.org.au/

https://ahansw.com.au/about

REGULATORY AUTHORITIES:

NSW state and local governments regulate many activities, including the health and safety of workplaces, environmental management, construction and property development, motor vehicles, and food, as well as licensing of occupations and skill

https://www.foodauthority.nsw.gov.au/about-us/legislation

https://www.fairwork.gov.au/

Fair Work Commission - how we're different - Fair Work Ombudsman

https://www.liquorandgaming.nsw.gov.au/operating-a-business/liquor-licences/liquor-licence-types

https://www.safework.nsw.gov.au/ https://www.foodstandards.gov.au/Pages/default.aspx https://antidiscrimination.nsw.gov.au/

https://humanrights.gov.au/our-work/1-application-discrimination-laws