Tourism Legislation

http://www.antidiscrimination.lawlink.nsw.gov.au/agdbasev7wr/adb/documents/pdf/hotel_guidelines.pdf

i. What is considered ‘direct discrimination’ of a customer or work colleague?

ii. What is considered ‘indirect discrimination’ of a customer of work colleague?

iii. What sort of things can tourism organisations do to ensure they are legally responsible for following this law?

2. We often hear about places, products and services that are ‘on trend’ or ‘hot’, the popular and “latest” destination of the moment. How can we find out what is currently on trend for tourism destinations, products and services?

3. Computerised reservations systems CRS or Global Distribution Systems GDS such as Galileo provide easy efficient reservations systems for travel companies. Research and briefly discuss some other CRS that are available to tourism businesses?

4. Quality Assurance schemes (also referred to as ‘accreditation systems’, ‘total quality management systems’ (TQM), ‘quality management systems’ (QMS) etc. are not new to the industry. They all have a common purpose and goal – to provide quality products and services to consistently meet customer needs and expectations. Following are just a few of the many accreditation schemes for the tourism industry:

· ATAP – Australian Tourism Accreditation Program

· AAA Tourism STAR Rating Scheme (for accommodation hotels, resorts etc)

· Ecotourism Australia

· ATAS – The Australian Federation of Travel Agents Travel Accredited Scheme

· TQUAL Accreditation

Research and provide a short description of the aims of ATAP http://www.atap.net.au/ .

5. Every organisation or business must comply with Government legislation. Legislation includes Anti-discrimination laws, Australian Consumer Laws, WHS etc. Industry specific legislation also exists, which tourism providers must be aware of. The following questions relate to legislation of a concern to our industry:

a. See Appendix A – Extract from the Smart Traveller Website - Criminal Code Act (1995) for child sex offences outside Australia. What role could a travel agent play in supporting this legislation?

b. See Appendix B – Extract Queensland Tourism Services Act (2003). Discuss why this legislation was introduced and its importance to the growth of our tourism industry?

Appendix A – Extract from the Smart Traveller Website

”Australians who commit child sex offences while overseas can be investigated and prosecuted under Australian law”

Sexual exploitation of children is an abhorrent act and the Australian Government is committed to doing all it can to prevent its occurrence. Recent legislative changes have strengthened the laws against child sex offences outside Australia.

These laws ensure that Australians who commit sexual offences against children while overseas will not escape the tough penalties they would have received if the offences were committed at home. This means that sexual offences perpetrated against children are criminal offences regardless of where you are.

Australians who commit child sex offences while overseas can be investigated and prosecuted under Australian law. The penalties for these offences include a term of imprisonment of up to 25 years for individuals and fines of up to $825,000 for corporate bodies. A number of Australians have been successfully prosecuted under these laws.

The laws are contained in Division 272 and 273 of the Criminal Code Act 1995. Detailed information about child sex offences, including child sex tourism, is available on the Attorney General’s website.

Federal and State Police actively monitor and prosecute child sex offenders. The AFP cooperates with other countries’ law enforcement authorities to actively monitor and investigate Australian citizens, permanent residents or companies that are associated with such offences.

If you have information about such possible criminal activity, call 131 AFP. If you are outside of Australia, call 61 2 6131 5926. You may also call AFP anonymously on 1800 333 000. Alternatively, you can report suspicious behaviour by completing the Report Child Sex Tourism form on the AFP website or write to Child Protection Operations Team, Australian Federal Police.

Appendix B – Extract from Queensland Tourism Services Act

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TourServA03.pdf

Tourism Services Act 2003

[as amended by all amendments that commenced on or before 1 November 2013]

An Act to provide protection for tourists in dealings with inbound tour operators and tour guides, and for related purposes.

Part 1 Preliminary

1 Short title

This Act may be cited as the Tourism Services Act 2003.

2 Commencements

This Act commences on a day to be fixed by proclamation.

3 Act binds all persons

(1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence or proceeded against for a relevant contravention.

4 Main purpose of Act

The main purpose of this Act is to provide for fair-trading in the tourism services industry by

(a) Establishing a registration system for inbound tour operators; and

(b) Providing for codes of conduct for inbound tour operators and tour guides including the setting of minimum standards for—

(i) Carrying on the business of an inbound tour operator; or

(ii) Tour guides; and

(c) Prohibiting unconscionable conduct by inbound tour operators and tour guides; and

(d) Promoting sound business practices by inbound tour operators and tour guides.