Tourism law (Essay Sample)

1 Licensing and compliance of an Agency.
Introduction
Tourism is the most effective means of satisfying recreational needs; combining a variety of recreational activities, it fulfils such goals as the recovery of health, enrichment of knowledge, and restoration of one’s productive capacity. Tourism contributes to health maintenance, physical education, and the intellectual, cultural, and social development of the individual.
Tourism is a major part of any country’s economy, this being the case countries pay keen attention to the sector in a bid to ensure that it grows. NSW Australia is no exception to this and looking at the reports of the previous financial year the tourism industry is vibrant and is growing.
In 2012–13, international visitor expenditure increased 5.9 per cent to $28.2 billion. This was around three times higher than the global average rate of growth of 1.8 per cent. International visitor arrivals grew 4.9 per cent to a record 6.3 million in 2012–13, and the domestic sector performed well in 2012-13 with domestic visitor expenditure increasing 3.2 per cent to $69.5 billion. Domestic overnight visitor expenditure doubled its five-year growth rate, increasing 3.2 per cent to $51.4 billion.
These figures prove that the industry is doing quite well and should always try to maintain those standards.
A travel agency is a venture that provides tourism and travel services to alien or native tourists. To run such kind of a business any individual requires licences from the government. These licences are for the purpose of regulating the industry and ensuring that a particular standard is maintained. There are several licences required to run this type of business and the type of licence is dependent on whether the travel agency is domestic or international.
The qualifications for application include; the applicant must be 18 years and be considered fit and proper for the purpose of the licence, ensure the manager of the business is competent to run the agency and must also be eligible for membership to the travel compensation fund. The licences can be applied by both corporate, individuals and partnerships. However in partnerships all the parties need to be licensed.
However there are some exceptions to licensing, these apply for travel agencies which are ‘restricted to either arranging travel or arranging travel and accommodation within Australia and, at any day, the gross turnover of your business as a travel agent during that financial year, excluding the value of any business in respect of a conveyance or accommodation owned by you, has not exceeded $50,000, you do not need a travel agents licence.’
Licence

Applicant

Place of application

Cost of application.

Renewal/ updating of licence.

Business Name

Individual
Incorporated entity.
Partnership or joint venture partnership
joint venture

Online

$33-one year
$76-three years

$33-one year
$76-three years

Travel Agencies Licence.

Individual above 18.

online

$827.30
First annual licence $611.30

N/A.
New additional place $282.10

IATA Licence
Australian Business Number

Sole proprietors
Partners
Managers
Employees
Independent contractors.

Online

Head office/ Branch $195
Corporate $390

N/a

Travel Agency Compensation Fund

Applicants for a travel agency licence.

online

Between 01 january-31 march 2014 $2250.00
Between 01Aapril –June 30 $1761.00


2 STAFF
Modern awards : these are the minimum requirements demanded by an industry, these minimum requirements apply and work in conjunction with the national employment standards. These modern awards cover all employers and employees in this sector.
Enterprise agreements: These are clearly set out conditions of work for a group of employees at one or more occupational locations. These agreements apply in place of modern awards and the remuneration of an enterprise agreement cannot be less than that of a relevant modern award.
Contracts: Common law contracts of employment can also set out wages and conditions for employees who are not covered by an award or agreement. They can also provide conditions in excess of an employee’s minimum entitlements. As contracts can be amended, they provide a flexible solution to any change in the terms of the contract; however, any amendment has to be accepted by the employees. A contract cant award wages lower than those awarded in an award or agreement, this contract would be null and void to the extent of that inconsistency.
It is therefore important to note that enterprise agreements and contracts are hinged upon the principles of modern awards. This means that the therms and conditions of these two type of payments have to conform to the basic requirements as set out in the modern awards and in the national employment standards.
Therefore the modern awards type of payment would be the most effective way to ensure that staff costs are minimised.
3 Insurance.
Insurance is a vital part of any business enterprise since it covers the risks involved in the business and compensates the holder in case the risk covered occurs. The travel agency business is no exception to having insurance covers i the following fields:
* Public liability: covers travel agents and tour operators for their legal liability in the event of personal injury or damage to property of others during the course of normal business operations.
* Workers compensation: this type of insurance covers workers injuries during the course of normal business operations.
* Business indemnity insurance: it covers a business venture against the potential risks it might be facing; such as fire, business interruption &burglary.
PART B
This is an area concerned with the safety of workers while in their area of occupation. The law in protecting the workers from harm in the ordinary course of their duties demands some particular standards from employers. This is done so as to reduce occupational hazard that workers may be exposed to.
The Occupational Health and Safety Act1985 and associated regulations set out a legal framework for workplace health and safety.
Physical requirements (workspace, workstation, lighting)
Workspace; workers prefer a reasonable amount of space for them to operate in comfortably. This in turn helps in the productivity and output of employees. Under Regulation 3.14 of the Occupational Safety and Health Regulations 1996 employers are only required to provide each employee with sufficient space in which to work without risk to the employee’s safety and health.
There are no minimum space requirements specified in the Regulations. The Building Code of Australia requires a minimum floor area of 10 m2 per person.  However, this is based upon the total floor area (i.e. total area of each floor including furniture and corridors, divided by the number of employees) and is the minimum required to ensure safe means access and escape in the event of an emergency.
The amount of space an employee requires should be determined by conducting a risk assessment.  This should take into account factors such as:
* the type of work the employee performs;
* how often they need to leave and return to the workstation;
* the type of materials they need to take to and from the workstation; and
* How much furniture they use/need.
Staff Induction (including evacuation)
Induction is the process of formally placing an employee in a new job. Section 22 of the occupational safety and health act 1984 demands that people who have any extent of control of a work place to ensure so far as is practicable that the work place and all access ways used to enter and exit are kept clear and in good condition so that people who use the work place are not exposed to hazards.
On the same breath there should be an orientation for new employees to familiarize themselves with the work place. The evacuation procedures should be a priority during the orientation process. This is because the safety of workers is of priority.
List of policies and procedures to ensure a safe work place
.
A policy is a statement with regards to a work place that outlines an issue affecting the workplace and provides for a clear directive ...