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BSBCOM501 Identify and Interpret Compliance Requirements

Published : 05-Oct,2021  |  Views : 10

Question:

what an organisation does to ensure that it meets the legal and regulatory requirements applicable to its business activities". While this applies to business practices it also applies equally to the activities of all individuals within the organisation.

Organisations and individuals have compliance obligations imposed upon them through a range of internal and external requirements which may include: describe the followings:

  • Relevant legislation and regulations,
  • Industry standards, codes of practice,
  • Licensing requirements,
  • Internal policies
  • Standard operating procedures and,
  • Other published material held in internal or external libraries.

Answer:

Liberty along with equality is the basic elements needed to form a healthy working environment (Thornton 2015). Every individual has the right to be treated equally like the other irrespective of his or her different traits. There have been several incidents where employees have lost their jobs as a result of discrimination based on Age, gender, color and disability. In a developed nation like Australia, there should be no room for for such kind of discrimination. The government has enacted several legislations, which deals with promoting equality and intending to end discrimination (Saraceni 2014).  Moreover a diverse workforce provides a healthy working environment within the organization as the employees have the scope of getting accustomed to and learning different cultures. Removing ages, genders and names from application forms could be a giant step towards the inclusion of a diverse workforce within the organization along which no scope to discriminate between the applicants. There are various legislations enacted by the government in order to end discrimination, they are discussed in the following paragraphs.

The Sex discrimination Act 1984 is an enactment made by the parliament towards preventing any kind of discrimination based on gender. There has been a trend that men are favored over women for their increased strength and stamina and are usually paid more as compared to the women in the same working position. The enactment prohibits any kind of discrimination on the basis of potential or actual pregnancy status, relationship or marital status, sex discrimination, and breast feeding. Any breach in relation to the enactment is monitored and administrated by the Australian Human Rights Commission. Alongside the act the office of Sex discrimination Commissioner has been created in 1984 to act as a specialist commissioner within the Australian Human Rights Commission.

The main purpose of the act is to abolish any kind of discrimination resulting out of employee’s dismissal due to their family obligations and to bring an end to any kind of sexual harassment within public activity areas. The act also aims to establish the principle within the community that women are equal to men in all working aspects. Section 5-7B of the act has been incorporated within it to prevent any kind of discrimination related to sex.  

The average income of people who are disabled is only 44% that off the average income of a normal Australian. People who have disability in most cases do not finish their schools. The Disability Discrimination act 1992 had been enacted by the Australian parliament to stop any kind of discrimination with people having disabilities in the area of education, public premises services, employment, accommodation, provision of goods and other contexts. Discrimination also includes the failure of not providing the essential support needed by the disabled persons.

All complaints in relation to the breach of provisions of the Disability Discrimination Act are addressed to the Australian Human Rights Commission. The main purpose of the enactment was to provide a standard form to the rights, which are offered in Australia, to implement the international declaration signed by the country with respect to the rights of disabled people and to keep a check and regulate discriminatory practices within the commonwealth authorities. Section 15-21 of the Act deal with discrimination within workplace and Section 31-34 provide support standards required for disabled people.

The main purpose of the Age Discrimination Act 2004 is to prevent any kind of discrimination in relation to the age of an individual in areas such as accommodation, employment, education, services and provision of goods. A person can be discriminated based on age if he does not fall within the meaning of the Act.  Division 2 Section 18 of the act deals with age discrimination at work. Complaints in relation to age discrimination are also made to the Australian Human Rights Commission. Generally an age discrimination is not regarded as a criminal offence but in case if provisions of the act such as victimizations, discriminatory advertisement and failure to disclose actuarial or statistical date when requested the the Australian Human Rights Commission may account to a criminal offence.

Any law, which is inconsistent in relation to racial discrimination to the Racial Discrimination Act 1975, is overridden by the Act. The purpose of the act is to abolish any kind of discrimination based on race. Any racial discrimination is unlawful within Australia after the enactment if this legislation. Section 18C of the Act deals with offensive behavior arising out of racial discrimination.

The Anti-Discrimination Act 1991 (Qld) has been enacted by the state of Queensland in order to prevent any kind of sexual harassment, unfair discrimination and conducts which are objectionable. The act prevents any kind on discrimination based on Sex, pregnancy, breastfeeding, race, age, disability, religious belief, lawful sex activities and family responsibilities. The legislation is applicable in the areas of employment, supply of goods, education, club memberships, accommodations, insurance, superannuation and selling of land. The act has established the Anti-Discrimination Commission Queensland, which deals and resolves any issue in relation to discrimination. Part 2 of the cat provide the ground on which discrimination is prohibited.

Benefits

  • The inclusion of this blind trial would include a diverse work force within the organization, which would help in creating a diverse culture and a healthy working environment.
  • The existing employees who suffer from discrimination would feel that this is a giant step taken towards addressing their problems
  • The blind trial plan would ensure that the organization is complying with all the provisions in relation to anti discrimination laws and subsequently promoting equity within the society.

Detriments

  • The trial plan may be confusing as the no name gender and age provided by the applicants would be difficult to manage and organize.
  • The age of the applicant would be predictable based on their experience.

Conclusion

The blind trail plan would be overall beneficial for the organization as it would not only improve the diversity within the organization but also promote equity within the society. The plan would also ensure legal compliance to anti discrimination laws. The plan would be  giant step towards eradicating the evils of discrimination within the organization and subsequently within the society.

  1. National employments standards are the basic entitlements which are to be provided to the employees working in Australia the ten minimum entitlements of employees are
  • Flexible working hours
  • Fixed maximum working hours weekly
  • Annual leave
  • Parental leave
  • Personal carers leave
  • Community service leave
  • Public holidays
  • Long service leave
  • Notice of redundancy in pay and termination
  • Fair work information statement
  1. If an employee thinks that, he has been dismissed unfairly than he has to make an application to the fair work commission within 21 days of the dismissal. That is why the employee has faked the dismissal date. In this case, the employer has to file a jurisdiction objection as the employee is not eligible under the jurisdiction of FWC as the time has expired (Stewart 2011).
  2. Under section 23 of the Fair Work Act 2009 a small business is a place which employs less than 15 employs at a time thus the firm in context is a small firm (Fair Work Commission 2013).
  3. If an employee is absent for a period of 3 months or for a total of three months in a period of 12 months without providing any medical certificate to support his absenteeism the employer has the right to terminate the employment. The employment can be terminated only after the employee has been provided with adequate warning and chances to respond. In this case, jack has made a legal termination of jenny’s employment as he has compiled with the relevant provisions (Southey 2015).
  4. The discovered documents in relation to late and sickes can be used to prove in the tribunal that jenny was not sincere about her work and was frequently late to work. this has to be presented to the tribunal in a chronological manner indentifying all the days in which jenny was either late or absent without proper documents (James and Ombudsman 2015).
  5. The employee and the employer receive a letter from the FWC when the employee has made an application of unfair dismissal to the FWC (Stewart 2011). The employer will then have to respond to the said application and file jurisdictional objections if any. If the objection has been filed than a jurisdiction or jurisdiction and arbitrational conference takes place which approves or dismisses the objection. If not the matter is taken to conciliation and arbitration and then subsequently it is closed after the final judgment is provided.
  6. Jack now has to complete form 3 provided by the FWC website or public counter which is the repose of the employer to the allegation of unfair dismissal.  All sections of F3 forms have to be completed mandatorily. No fees are involved in the response process and all responses have to be signed by the employer. The copy of the response have to be provided to the employee. Jack than has to prepare for the conciliation process.

 Trust money- In Queensland, trust money is defined under section 237 of the Legal Profession Act 2007 and the Legal Profession Regulation 2007. It is defined as money that a firm holds on behalf of its client in a trust account with the bank. The firm holds the trust money in relation to the legal services rendered by the firm to the client and such trust money is highly regulated.

Controlled money- it refers to the money held or received by an attorney who has a written authority to deposit the capital in any account but trust account and having exclusive control over the same (s. 251).

Transit money- it is the money received by an attorney with the directions to deliver or pay it to a third party except another attorney as stated under s. 253(1) of the Act.

Power money- s.254 defines power money is the money that is given to an attorney and he is authorized to make monetary transactions for or on behalf of the person; E.g.- power of attorney, etc.

  1. Schedule 2 of the Legal Profession Act 2007 defines the term ADI, which stands for Authorized Deposit-taking Institution. A law practitioner may keep a trust account with an approved ADI. An ADI receives approval only if it has engaged in some arrangement with the Chief Executive in pursuant to section 287 of the Act.  The ADI for Jack’s firm is Savage Legal.
  2. The law practitioner upon the instruction of the clients may destroy the trust records. The client shall authorize the law practice to do so.
  3. Section 250lays down that the trust money may either be withdrawn from the general trust account by a cheque or if by electronic funds transfer.  Therefore, cheque and electronic transfer funds are two appropriate ways to withdraw trust money from jack’s account.
  4. Section 250lays down that either the trust money may be withdrawn from the General Trust Accountby a cheque or if the legal authority authorizes the attorney to withdraw money from the account by electronic funds transfer, the attorney may do so.  Therefore, cheque and electronic transfer funds are two appropriate ways to withdraw trust money.
  5. The transfer of the money to the trust account can only be made if there is a written authorization given to the law practice by the client.
  6. The Trust account cheque is to be written in favor of the law practice.
  7. Final letter to the client

This is to inform you that you have to attend a meeting at 08:30 am at Sandgate Mags Court. The invoice has been attached with this letter.  You are also required to put your signature on the trust transfer.

  1. The Limitation of Liability scheme refers to a statutory scheme enforceable at law. It caps the damage amount that is awarded against the legal practice. All the solicitors within a legal firm are required to become a member of both the the Scheme and QLS.

References 

Age Discrimination Act 2004

Disability Discrimination act 1992

Racial Discrimination Act 1975

Saraceni, M., 2014. Australian anti-discrimination law [Book Review]. Brief, 41(5), p.32.

Sex discrimination Act 1984

The Anti-Discrimination Act 1991 (Qld)

Thornton, M., 2015. The Political Contingency of Sex Discrimination Legislation: The Case of Australia. Laws, 4(3), pp.314-334.

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