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Task
1. Identify and research possible option or the business legal structure using appropriate sources.
The learner should be able to demonstrate how to, for example:
The ability to identify business legal structures
The ability to conduct research to identify appropriate business legal structures
The ability to identify appropriate sources of advice.
2. Determine legislation and regulatory requirements affecting operations of the business under its chosen structure.
The learner should be able to demonstrate how to, for example:
The ability to conduct research to determine legislative and regulatory requirements
The ability to identify legislative and regulatory requirements that would affect the learners business
An understanding of how legislative and regulatory requirements impact businessoperations.
3. Develop and implement procedures to ensure full compliance with relevant legislation and regulatory requirements.
The learner should be able to demonstrate how to, for example:
An understanding of what compliance is
Knowledge of what to consider when developing a compliance procedure
The ability to conduct research and identify legislative or regulatory requirements
The ability to develop a compliance procedure.
4. Establish systems to ensure legal rights and responsibilities of the business are identified and the business is adequately protected, specifically in relation to work health and safety (WHS), business registration and environmental requirements.
The learner should be able to demonstrate how to, for example:
An understanding of the methods available to use to ensure compliance
The ability to identify the legal rights and responsibilities in relation to the followingrequirements:
o Work Health and Safety (WHS)
o business registration
o environmental requirements
o cultural appropriate processes
o marketing the business in accordance with consumer legislation.
5. Identify taxation principles and requirements relevant to the business, and follow procedures to ensure compliance.
The learner should be able to demonstrate how to, for example:
An understanding of when a business needs to be registered
An understanding of how to make an application to legally register a business
Knowledge of further tax registrations.
6. Identify and carefully maintain legal documents and maintain and update relevant records to ensure their ongoing security and accessibility.
The learner should be able to demonstrate how to, for example:
The ability to identify legal documents and relevant records
The ability to outline the process used to maintain legal documents and maintain andupdate relevant records.
7. Monitor provision of products and services of the business to protect legal rights and to comply with legal responsibilities.
The learner should be able to demonstrate how to, for example:
Knowledge of how the Competition and Consumer Act affects business operations
An understanding of how to establish a breach of a duty of care
The ability to identify where a duty of care is owed in relation to the learners business.
8. Conduct investigations to identify areas of non-compliance with legal and regulatory requirements, and take corrective action where necessary.
The learner should be able to demonstrate how to, for example:
The ability to conduct research to identify areas of non-compliance in the learners
business
The ability to identify key principles that would be used when carrying out a workplace
investigation
The ability to create and complete a risk assessment matrix.
An understanding of how to take corrective action to correct an issue of non-compliance.
9. Seek legal advice on contractual rights and obligations, if required, to clarify business liabilities.
The learner should be able to demonstrate how to, for example:
The ability to identify a legally binding contract relevant to the learners business
An understanding of how a contract is created and when a contract can be void
An understanding of rights and obligations created in a contract
The ability to seek legal advice to clarify business liabilities.
10. Investigate and assess potential products and services to determine procurement rights and ensure protection of business interests where applicable.
The learner should be able to demonstrate how to, for example:
An understanding of what procurement rights are
The ability to identify goods or services that may need to be negotiated
The ability to consider the best interests of the business.
11. Negotiate and secure contractual procurement rights for goods and services including contracts with relevant people, as required, in accordance with the business plan.
The learner should be able to demonstrate how to, for example:
The ability to identify goods or services that may need to be negotiated
The ability to identify rights that would need to be secured when negotiating
An understanding of the relevant people the learner may contract with
Knowledge of the best practices to use when negotiating.
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