We pay our respect to them and their cultures, and Elders, past, present and future. (4) Despite subsections(1) and (2), if an associate member is conducting, or is part of the panel conducting, an inquiry, investigation or hearing for the ACMA, the Minister may, by writing, extend the associate members appointment until the end of the inquiry, investigation or hearing. Log in now to save this page to your account. If the ACMA establishes a Division, the ACMA must: (a) determine the kinds of matters the Division can deal with; and. (2) If the Chair is not present at a meeting, the Deputy Chair presides. (ii) relating to a kind of listed carriage service specified in the instruction under this paragraph and covered by the instruction under paragraph(a); (c) to provide services, or facilities, on behalf of the Commonwealth under a contract made by the Commonwealth, where: (i) the services or facilities relate to radiocommunications or telecommunications; or, (ii) the provision of the services or facilities utilises the ACMAs spare capacity; or. by associate members at meetings, (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the, (3) Paragraph(1)(a) does not apply to a member who is prevented by rules made for the purposes of section29 of the, (a) a member in the Division may call a meeting by giving notice of the meeting to the other members, (i) rules made for the purposes of section29 of the, (a) determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section29 of the, Division can make decisions without meetings, Limit on powers delegable to persons other than Divisions, (2) Sections51 and 52 do not apply to a power to do any of the following under the, (1) The staff of the ACMA are to be persons engaged under the, Arrangements with authorities of the Commonwealth, (a) a Commonwealth entity within the meaning of the, (b) a Commonwealth company within the meaning of the, (1) A corporate plan prepared by the Chair under section35 of the, The annual report prepared by the Chair and given to the Minister under section46 of the, (i) the ACMA gave an instrument to a carrier or to a carriage service provider under section581 of the, (i) the number and types of complaints made under Part26 of the, (e) a report on the operation of Part6 of the, (f) a report setting out statistical information relating to information or documents disclosed under Division3 of Part13 of the, (ii) is covered by a report given to the ACMA under section308 of the, Advisory committees and the Consumer Consultative Forum, (5) An appointment to an advisory committee is not a public office within the meaning of the, (1) The Consumer Consultative Forum established under the, (6) An appointment to the Forum is not a public office within the meaning of the, Disclosure to public servants for advising their Ministers, (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the, (f) the Secretary of the Department administered by the Minister administering the, (g) the Secretary of the Department administered by the Minister administering the, (ga) the Secretary of the Department administered by the Minister administering the, (h) the Secretary of the Department administered by the Minister administering the, (na) the Secretary of the Department administered by the Minister administering Part2 of the, Disclosure of publicly available information, This Part does not limit disclosure by ACMA official, This Part does not authorise a disclosure of information that is prohibited by Part13 of the, Note: Subsection299(1) (in Part13) of the, Delegation of Chairs powers under this Part, ACMAs expenses include related Commonwealth expenses. 1. This checklist will help you work at best practice: State & Territory work health and safety bodies. They did so by setting up a structured framework for meetings between managers and staff. However, an employer who conducts surveillance or monitors their staff must follow any relevant Australian, state or territory laws. (2) Paragraph(1)(c) does not authorise the ACMA to perform a function if the performance of the function would impede the ACMAs capacity to perform its other functions. (b) a design that is registered under the Designs Act 2003; and was registered under the Trade Marks Act 1995 or the Designs Act 1906 immediately before 11May 2004 in relation to the name or symbol. 28/Jul/2021: F2021C00732: 34: 10/Jul/2021: Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. There are many communication methods that you can use with your employees. 2022-10-26 120, 2019 An Act to amend laws relating to communications, and for related purposes [Assented to 12 December 2019] The Parliament of Australia enacts: 1 Short title This Act is the Communications Legislation Amendment (Deregulation and Other Measures) Act 2019. (4) For the purposes of a particular proposed decision, this section applies to an associate member in the Division as if the associate member were a member in the Division, if that proposed decision relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. Any other statement in column 2 has effect according to its terms. (2) An expression used in this section that is also used in the Broadcasting Services Act 1992 has the same meaning in this section as it has in that Act. These are usually found in Part 2 of an award. SWOT is a commonly used business analysis and decision-making tool. (b) for the services of the ACMA staff to be made available for the purposes of the authority. (b) the disclosure is in accordance with that consent. Deputy Chair means the Deputy Chair of the ACMA. Finally, consult with staff and develop a strategy to address the issues in the SWOT. (v) the Special Broadcasting Service Act 1991; (p) such other functions as are conferred on the ACMA by or under the following provisions of the Radiocommunications Act 1992: (i) paragraph102B(b), 109A(1)(g) or (ga), or 131ACA(b); (ii) subsection106(6A), 109A(1A) or (1B), 114(3C) or (3E), or 128C(1); (q) to report to, and advise, the Minister in relation to the broadcasting industry, internet industry and datacasting industry; (r) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(o) or (p), to the extent it is so specified; (s) to do anything incidental to or conducive to the performance of any of the above functions. 63 Chair not subject to direction by ACMA on certain matters, 65 Determinations may define expressions by reference to other instruments, 66 Person not to use protected name or protected symbol, 67 ACMA to maintain Register of policy notifications and Ministerial directions. (b) keep a record of decisions made in accordance with section48. Employment 8. , in relation to the ACMA, has the meaning given by section10. means a Division as described in section46. , in relation to a hearing, inquiry or investigation, has the meaning given by section4. means a hearing held, or proposed to be held, by the ACMA under Part13 of the. (3) Subsection(2) does not limit subsection(1). An internal communication strategy outlines exactly how your business will deliver key messages to your staff. regulated interactive gambling service has the same meaning as in the Interactive Gambling Act 2001. spectrum management functions, in relation to the ACMA, has the meaning given by section9. telecommunications means the carriage of communications (as defined in the in the Telecommunications Act 1997) by means of guided and/or unguided electromagnetic energy. (2) The other fulltime members and the fulltime associate members must not engage in paid employment outside the duties of their offices without the Chairs approval. (b) a regulated interactive gambling service. The period must not exceed 5 years. A SWOT analysis helps you: All you need to begin is something that you want to analyse, for example, the proposed introduction of new technology in your business. (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. (c) is, for any reason, unable to perform the duties of the office. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation (md) added to the details of the amendment included in the amendment history. telecommunications functions, in relation to the ACMA, has the meaning given by section8. vacancy, in relation to the office of a member, has a meaning affected by section5. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. Contacting the Translating and Interpreting Service (TIS) on An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if: (a) the person has consented to the disclosure; and. (1) Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA. (2) However, such a direction can only be of a general nature if it relates to: (a) the ACMAs broadcasting, content and datacasting functions; or. (2) An expression used in this section that is also used in the Telecommunications Act 1997 has the same meaning in this section as it has in that Act. A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action. (1) This section defines when an inquiry, investigation or hearing ends for the purposes of this Act. (3) A person may, on payment of the charge (if any) fixed by a determination under section60: (b) make a copy of, or take extracts from, the Register. (b) procedures to be followed in relation to meetings. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the Australian Communications Authority Act 1997. As a result, changes in the workplace were required. (a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or, (b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013; or. Best practice employers communicate with employees about the business impacts of coronavirus and consult with employees about how they might change their operations and respond to new opportunities. 62B Decisions relating to the Commonwealth etc. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (b) the Chair is the accountable authority of the ACMA; and, (c) the ACMA officials are officials of the ACMA; and. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. 67 ACMA to maintain Register of policy notifications and Ministerial directions. The endnotes provide information about this compilation and the compiled law. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. (2) A member or associate member is to be paid the allowances that are prescribed in the regulations. The Act gives a framework for workplace relations. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. This means it is not a "criminal offence" to record your own conversations at work even if the other people being recorded do not know they are being recorded. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). (3) An associate member may be appointed as a fulltime associate member or as a parttime associate member. Workplace Relations Regulations 2006 Select Legislative Instrument No. Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 - C2020A00047. The way to achieve best practice will vary because of things like the number of employees, industry and the business environment. Check your award or agreement for consultation provisions. (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or. It is sometimes known as occupational health and safety (OH&S). Chair not subject to direction by ACMA on certain matters, The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the, Determinations may define expressions by reference to other instruments, (4) Subsection(1) has effect despite anything in the, Person not to use protected name or protected symbol, Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the, (a) a trade mark that is registered under the, (b) a design that is registered under the, (5) Subsection(1) does not apply to a person who uses or applies a protected name or a protected symbol for the purpose of labelling customer equipment or customer cabling in accordance with section407 of the, (6) The prosecution bears the evidential burden, and the legal burden, in relation to the matters in subsections(3), (4) and (5) (despite subsection13.3(3) of the. Part7Advisory committees and the Consumer Consultative Forum. exp = expires/expired or ceases/ceased to have, (md) = misdescribed amendment can be given, Application, saving and transitional provisions, Australian Communications and Media Authority Act 2005, s368: 1July 2005 (s2(1) item2) Remainder: 1 Apr 2005 (s 2(1) item1), Do Not Call Register (Consequential Amendments) Act 2006, Sch1 (item42): 31May 2007 (s2(1) item3), Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Act 2006, Communications Legislation Amendment (Content Services) Act 2007, Sch1 (items17): 20Jan 2008 (s2(1) item2), Telecommunications (Interception and Access) Amendment Act 2007, Sch1 (items13, 68): 1Nov 2007 (s2(1) item2), Communications Legislation Amendment (Information Sharing and Datacasting) Act 2007, Sch1 (items14, 69): 29Sept 2007 (s2(1) item2) Sch1 (item5): 20Jan 2008 (s2(1) item3), Sch5 (item137(a)): 1Mar 2010 (s 2(1) item38), Trade Practices Amendment (Australian Consumer Law) Act (No. key messages should be clear, consistent and given with context, the communication should invite responses. Sections1 and 2 and anything in this Act not elsewhere covered by this table. It can result in the FWC increasing the NMW and minimum pay rates under awards. (1) The Chair presides at all meetings at which he or she is present. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. notify any employees who might be affected by the proposed changes, and their representatives, discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made, provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects. provide employees and their representatives with information about the proposed change, invite the employees and their representatives to give their views about the impact of the proposed change, including any impact on family and caring responsibilities. (1) A decision is taken to have been made at a meeting of a Division if: (a) without meeting, a majority of the members in the Division indicate agreement with the proposed decision in accordance with the method determined by the Division under subsection(2); and. (1) A member or associate member is to be paid the remuneration that is determined by the Remuneration Tribunal. (2) Each associate member is to be appointed by the Minister by written instrument. Superseded. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. (4) An associate members instrument of appointment must contain a statement to the effect that the associate members appointment relates to 1 or more specified matters, being: (a) an inquiry, investigation or hearing; or. (iii) is, for any reason, unable to perform the duties of the office. redundancies may be necessary if the technology is implemented (T). Finally, ask the group to break into smaller groups to talk about the priority issues further. Total appointments must not exceed 10 years. (5) The appointer may terminate the appointment of a fulltime member or fulltime associate member if: (a) the member or associate member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 consecutive months; or. (3) The delegation may be varied or revoked by the Division (whether or not there has been a change in the membership of the Division). 55 Arrangements with authorities of the Commonwealth. This is known as the Annual Wage Review. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. (1) This section defines when an inquiry, investigation or hearing, (2) An investigation under Part26 of the, (3) An investigation under any of the following provisions of the, (4) If the ACMA decides to prepare a report under section178 of the, ACMAs establishment, functions, powers and liabilities, (2) For the purposes of the finance law (within the meaning of the, (a) to regulate telecommunications in accordance with the, (f) to monitor, and report to the Minister on, all significant matters relating to the licensing of carriers under the, (2) An expression used in this section that is also used in the, (a) to manage the radiofrequency spectrum in accordance with the, ACMAs broadcasting, content and datacasting functions, to regulate broadcasting services and datacasting services in accordance with the, (c) to allocate, renew, suspend and cancel licences and to take other enforcement action under the, (e) to conduct investigations as directed by the Minister under section171 of the, (p) such other functions as are conferred on the ACMA by or under the following provisions of the, Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. (ii) relating to a kind of listed carriage service specified in the instruction; (b) if an instruction under paragraph(a) and a written instruction issued by the Minister to do so are in forceto provide for the management of electronic addressing: (i) of a kind specified in the instruction under this paragraph and covered by the instruction under paragraph(a); and. (2) A charge fixed under subsection(1) must not be such as to amount to taxation. Most problems in the workplace happen when there is lack of awareness about workplace entitlements. These consultation requirements fall under state or territory work health and safety laws. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. Principal object 4. Find the contact details for your state or territory body in the Links and resources section at the end of this guide. A structured workshop consultation process can help achieve effective consultation. (1) The ACMA may establish 1 or more Divisions. Editorial changes take effect from the compilation registration date. Select the topic below for information and links to each piece of legislation. The organisation felt pleased theyd thought of an original approach that worked for this situation that was co-designed with employees. 63 Chair not subject to direction by ACMA on certain matters. (c) any other body established for a public purpose by or under a law of the Commonwealth. (6) The appointer may terminate the appointment of a parttime member if the member is absent, except on leave of absence, from 3 consecutive meetings of the ACMA. These may include: Consultation means asking for and considering employees views when making decisions. 4 When does an inquiry, investigation or hearing end? Being consulted about important decisions in the workplace can improve an employees engagement with their work. (a) stating any matter with respect to a delegation under subsection(1); and. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. Part4Decisionmaking and delegation by ACMA. (2) Sections51 and 52 do not apply to a power to do any of the following under the Broadcasting Services Act 1992: (b) decide that a person is not suitable to be allocated or to continue to hold a licence; (c) impose, vary or revoke a condition on a licence (other than a timing condition on a temporary community broadcasting licence); (d) determine, vary or revoke a program standard; (g) prepare or vary licence area plans under section26 of that Act; (h) give an opinion under section21 or 74 of that Act; (i) approve or refuse to approve temporary breaches under section67 of that Act; (j) make, vary or revoke a determination under section103L of that Act; (k) issue, or extend the time for compliance with, a notice (other than a notice under Division10A of Part5 of that Act or a notice under Part9C of that Act, a notice under Schedule8 to that Act or a notice under any other provision of that Act so far as that provision relates to Schedule8 to that Act); (l) refer a matter to the Director of Public Prosecutions; (3) Subsection(2) does not limit the generality of subsection(1). We pay our respect to them and their cultures, and Elders, past, present and future. be open, honest, respectful and comprehensive in your communication with all employees, including about standards of conduct and behaviour in the workplace ensure our workplace culture, practices and systems (including recruitment and promotion) are consistent with the ethical values Division3Terms and conditions for members and associate members. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. (2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority. (1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMAs functions in making, or the exercise of the ACMAs powers to make, decisions relating to: (b) any authority of the Commonwealth that is not a body corporate. (5) This section does not apply to services or facilities provided under contract. Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the Criminal Code). protected symbol means an official symbol of the ACMA, the design of which is prescribed in the regulations. (b) information that was obtained by the ACMA as a result of the exercise of any of its powers under: (i) Part2, 5, 7 or 13 of the Broadcasting Services Act 1992; or, (ia) Part3, 4 or 5 of the Interactive Gambling Act 2001; or, (ii) Chapter3, 5 or 6 of the Radiocommunications Act 1992; or, (iii) Part3, 6, 21, 26 or 27 of the Telecommunications Act 1997; or, (iv) Schedule3A to the Telecommunications Act 1997; or, (v) Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or. Australia's national workplace relations system, Australian Government Apprenticeship Program, Employment Research, Evaluations and Data, Small business & the Fair Work Act - Fair Work Ombudsman. Note 1: Paragraph 11(1)(a) is about the ACMA preparing to provide for the management of electronic addressing, and paragraph11(1)(b) is about the ACMA providing for the management of electronic addressing. (b) Part5.2 of the Radiocommunications Act 1992. investigation means an investigation conducted, or proposed to be conducted, by the ACMA under: (a) Part26 of the Telecommunications Act 1997; or, (b) Part11 or 13 of the Broadcasting Services Act 1992; or. If you have a question or concern about your job, entitlements or obligations, please Contact us. consider any views given by the employees or their representatives. (5) The ACMA may give the Forum written directions as to: (a) the way in which the Forum is to carry out its function; and. (b) revoke, vary or substitute a determination under subsection(1). The Chair is not subject to direction by the ACMA in relation to the Chairs performance of functions, or exercise of powers, under the Public Governance, Performance and Accountability Act 2013 or the Public Service Act 1999. See section23 of the Public Governance, Performance and Accountability Act 2013. (b) the inquiry, investigation or hearing ends before the end of the period described in subsection(1); the associate member holds office until the end of the inquiry, investigation or hearing. This Act may be cited as the Australian Communications and Media Authority Act 2005. (2) A person can be appointed as a member more than once. Decisions relating to the Commonwealth etc. 62 ACMAs expenses include related Commonwealth expenses. The managers invited employees to take part in talking circles where they could talk about the impact of the proposed changes on their jobs, make suggestions and evaluate options.
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