Assessment Cover Sheet
BSBSMB401 Establish legal and risk management requirements of small business
BSB42618 Certificate IV in New Small Business

Student Name:
(Please write in block letters)

Student ID Number:
(Please write in block letters)

Assessors Name:
Assessment Due:
Week 8 Submission Date:
Assessment Tasks Satisfactory Not Yet Satisfactory Did Not Submit
Lecture Assessment – Project / Observation ? ? ?
Feedback to Students:
I hereby certify that the above student has been assessed by myself and all assessments are carried out as per the Academy’s Assessment Policy & Procedure.
I declare that the student’s work evidence is current, authentic, valid and sufficient
ASSESSOR SIGNATURE ____________________________ Date: ______________
Student’s signature
Assessment Submission rules and conditions
Read all the instructions below before attempting the assessment task. Assessment tasks are tools used to determine if you have the knowledge and skills to complete tasks to industry standards within the workplace. Your trainer/assessor will help you throughout this task and it is your responsibility to provide enough evidence to justify a competent decision by the trainer/assessor. If you do not understand the questions or what is required, ask your trainer/assessor for assistance.
• For group assessments, all students are to contribute to the assessment tasks. You must work in groups when the assessment is required and when that is the case you will be allocated in to groups by your trainer in the class; hence your active presence is necessary
• Role play/presentation if part of the assessment must be done by all students. Photos or video may be taken as part of the evidence.
You are to complete all tasks by the due date and assessments must have a coversheet attached. Online submission opens one week prior to the due week and cut-off date is set on Saturday at 11:55pm in the week of due date. If you think you do not have enough time to complete the tasks by the due date, discuss with the trainer/assessor the reasons of why you cannot submit on time. Assessment tasks submitted late may not be accepted by your trainer/assessor, leaving the learner with a Did Not Submit (DNS) result.
Writing your responses
When answering questions, ensure that your answers are detailed enough so the assessor can draw a conclusion that you have the knowledge and/or skills to demonstrate competency. When producing reports, please make sure that your project has the following complete information:
A Title Page, Table of Contents, Page Numbers, Reference List, ensuring that your answers thoroughly match the questions asked.
Answer all questions in your own words to avoid plagiarism.
Plagiarism/ Academic Misconduct
Plagiarism by a student will result in an automatic ‘NYS’, and as well as being recorded, may result in further disciplinary action such as a student’s exclusion from a course. Plagiarism is presenting and using someone else’s work, writings or ideas as your own with or without their consent.
Some examples of plagiarism as follows
• Presenting work by another individual as one’s own unintentionally
• Handing in assessments markedly similar to or copied from another student
• Handing in assessments without the sufficient acknowledgement of sources used, including assessments taken totally or in part from the Internet
Academic misconduct is a serious matter and any breach of misconduct will be treated seriously as per the Policy of the organisation. Impersonating or allowing another individual to impersonate you, for the purpose of completing an assessment or presentation is considered a fraud.
Marking of Assessments
On submission of your assessment it will be marked for a result of either Satisfactory (S) or Not Yet Satisfactory (NYS). If you receive a NYS result, you will be asked to redo the tasks again. To achieve a competent result with this unit, all tasks need to be completed and marked as satisfactory. Your trainer/assessor will provide feedback to you on each task, outlining where you must improve to achieve a Satisfactory (S) result. When all tasks are marked as Satisfactory (S), you will receive a result of Competent (C) for this unit otherwise, you will be marked Not Yet Competent (NYC). Assessments submitted to the trainer/assessor after the due date may not be accepted, and you may have to a resubmission fee.
Assessment appeals
Appeal process – If you feel the decision made by your assessor was incorrect please refer to your Student Handbook for information on assessment appeals for the required steps to appeal this decision. Download the assessment you want to appeal and complete the appeal box in Feedback Evaluation Sheet by signing as to whether you wish to appeal. You are required to hand the hard copy in to student services.
Submission requirements
If an assessment is not submitted in accordance with the submission requirements, then it will be deemed as being non-compliant. Non-compliant submissions result in pending on being marked and /or recorded NYS.
• All submissions must be done by PDF file. The Student is required to convert word file assessments, PowerPoint presentation and other attachments to PDF before submitting unless the evidence is required to submit its original format (eg. word or excel).
• The first page in the file must be cover page. Both the cover page must contain student name and student number.
• The Student is allowed by default to upload up to five documents on each submission. You must upload each file separately. You must not upload zip file.
• Submissions from overseas are not allowed as students are required to be in Australia to attend their regular classes.
Name……………………………………………… Student ID………………………………………..
Signed ……………………………………………. Date …………………………………….
I would like to appeal the outcome of this assessment as per the appeals procedure in the Student Handbook
Student’s signature: _______________________ Date: __________________

Assessment Task
During the discussion your trainer will assess your ability to interact with others using the observation and demonstration checklist.
You are expected to demonstrate the ability to participate in discussion using relevant terminology, clearly state your ideas, use active listening skills and use appropriate tone and language.
Imagine you want to start your own business and you need to develop a business plan. Each business plan has a legal consideration section in which you need to decide on the legal structure of the business and other legal issues that might affect your business. In this assessment you will need to develop a legal section of your business plan. In order to do that, please follow the points below.
1. For the business you want to start, describe the following:
• Business structure: write what business structure you have decided to chose for your business and explain why you believe this structure is appropriate?
• Type of the organisation: retail, wholesale, distribution, service, etc.
• Location of the company
• Size of the company, number of staff
• General description of the business
2. For the business structure you have chosen, describe its legal requirements:
• Business registration
• Licence to practice
• Taxation
• Liability protection
3. Identify and consider procedures to comply with legislation, codes of practice and regulatory requirements that could affect the structure and operations of the business. Choose one of the procedures that would need to be developed and implemented to ensure full compliance with relevant legislation and regulatory requirements and create it in details, along with an explanation of how it would be implemented, who will be communicated and how, how it will be monitored and enforced and who is responsible for all of this.
In the procedure descriptions you need to discuss the following (depending on the procedure you have chosen to describe):
• Culturally appropriate processes and protocols to allow for diverse customer and staff needs
• Marketing and compliance with Trade Practices Act and Fair trading Act
• Customer service and duty of care (Law of Torts)
• Obligation imposed by choice of business structure
• Obligation under business licensing and registration
• Obligation under WHS (identification and management of business specific hazards, risk control measures, operating procedures for equipment, processes for registering with workers compensation, procedures for accident reports and investigations, procedures for induction and raining staff
• Assess the probability and impact of identified risks
4. List the taxation registration requirements for the preferred business structure and explain the reason they are required (taxation requirement may include: TFN, ABN, PAYG, GST, other withholding arrangements and any other)
5. Describe taxation record keeping procedures.
Refer to the following for guidance on taxation records:
a. Records relating to income tax and GST: sales records, purchase/expense records
b. Records relating to payments made to employees:
c. PAYG withholding records relating to the business payments
6. Briefly describe business records security practices that ensure legal documents are well maintained, held in an accessible and secure place.
7. List the insurance requirements for the preferred business structure and briefly explain the reason they are required. Insurance cover may related to:
• Assets and revenue
• People
• Liability (public, professional, product)
8. Describe the processes and procedures that ensure products and services provided by the business are supplied according to and in compliance with:
• Trade Practice Act and Fai Trading Act
• Duty of care imposed by Law of Torts
• Industry codes of practice
• Environmental issues
9. Identify possible areas of non-compliance and describe the actions you would take to correct the situation.
10. When preparing to start your own business you have discovered that an existing premise is available for purchase or lease. Before you make a decision you would like to compare these two options. Write some advantages and disadvantages of purchasing and leasing a commercial premise.
11. Think of the three products your business provides. For each product identify the type of contract and business legal obligations that would have to be entered into that would provide protection of the business interest (advise if the product/service supply contract relates to any form of licensing, royalties, copyright, patent, trademarks, registered design and applications, intellectual property, software licences, etc.)
12. As a business owner, you will have to negotiate many different contacts. Identify some important points on negotiating a contract and securing a win-win situation.
13. Imagine that you need to negotiate a contract for the lease of premises from a landlord or real estate agent. List the things that would be negotiable and the one that would not be negotiable when securing a contract. Identify all the relevant people you will have to negotiate a contract with.
14. Identify potential internal and external risks.
15. Assess the probability and impact of the risk and prioritise risk pre treatment.
16. Develop actions to mitigate risks including identifying insurance requirements and adequate cover.

Observation and Demonstration Checklist
UNIT CODE: BSBSMB401 ASSESSMENT: Lecture Assessment 1
Student ID to be checked before role play commences. Photographs need to be taken as evidence and attached by the student when submitting the assessment.
Item Description of what the assessor expects to see the student doing in the course of the project Yes/No Comments by assessors (Please give examples)
1 Uses specific and relevant language
2 Clearly articulate legal issues
3 Uses questioning and listening techniques to clarify solutions
4 Participates in verbal negotiations
5 Uses tone and language suitable to audience
6 Demonstrates high-level influencing skills
Feedback Evaluation Sheet
UNIT NAME: BSBSMB401 – Establish legal and risk management requirements of small business
Did the learner prove they can: YES NO
Identify and research possible options for the business legal structure using appropriate sources
Determine legislation and regulatory requirements affecting operations of the business under its chosen structure
Develop and implement procedures to ensure full compliance with relevant legislation and regulatory requirements
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
Identify taxation principles and requirements relevant to the business, and follow procedures to ensure compliance
Identify and carefully maintain legal documents and maintain and update relevant records to ensure their ongoing security and accessibility
Monitor provision of products and services of the business to protect legal rights and to comply with legal responsibilities
Conduct investigations to identify areas of non-compliance with legal and regulatory requirements, and take corrective action when necessary
Seek legal advice on contractual rights and obligations, if required, to clarify business liabilities
Investigate and assess potential products/services to determine procurement rights and ensure protection of business interests where applicable
Negotiate and secure contractual procurement rights for goods and services including contracts with relevant people, as required, in accordance with the business plan
Identify options for leasing/ownership of business premises and complete contractual arrangements in accordance with the business plan
Identify potential internal and external risks to the business
Assess the probability and impact of identified risk
Develop actions to mitigate risk including identifying insurance requirements and adequate cover
Student’s signature: _______________________ Date: __________________

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