(d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. (3) The ACMA may revoke a persons appointment to an advisory committee. (1) The Australian Communications and Media Authority is established by this section. (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. 12.1 Mandatory Procedures for Determining Whether an APS Employee Has Breached the APS Code of Conduct and For Determining Any Sanction to be Imposed for a Breach of the APS Code of Conduct 12.2 General guidance to APS employees on the Formal Misconduct process 12.3 General guidance on managing Alleged Misconduct by Locally Engaged Staff (les) (1) The ACMAs broadcasting, content and datacasting functions are as follows: (a) to regulate broadcasting services and datacasting services in accordance with the Broadcasting Services Act 1992; (b) to plan the availability of segments of the broadcasting services bands on an area basis; (c) to allocate, renew, suspend and cancel licences and to take other enforcement action under the Broadcasting Services Act 1992; (d) to conduct investigations or hearings relating to the allocating of licences for community radio and community television services; (e) to conduct investigations as directed by the Minister under section171 of the Broadcasting Services Act 1992; (f) to design and administer pricebased systems for the allocation of commercial television broadcasting licences and commercial radio broadcasting licences; (g) to collect any fees payable in respect of licences; (h) to conduct or commission research into community attitudes on issues relating to programs and datacasting content; (i) to assist broadcasting service providers and datacasting service providers to develop codes of practice that, as far as possible, are in accordance with community standards; (j) to monitor compliance with those codes of practice; (k) to develop program standards relating to broadcasting in Australia; (l) to monitor compliance with those standards; (m) to monitor and investigate complaints concerning broadcasting services (including national broadcasting services) and datacasting services; (ma) to monitor compliance with the online content service provider rules; (n) to inform itself and advise the Minister on technological advances and service trends in the broadcasting industry, internet industry and datacasting industry; (o) such other functions as are conferred on the ACMA by or under: (i) the Australian Broadcasting Corporation Act 1983; or, (ii) the Broadcasting Services Act 1992 (other than Part14AA or Schedule5 or 7); or, (iii) the Interactive Gambling Act 2001; or. Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. If no determination of that remuneration by the Tribunal is in operation, the member or associate member is to be paid the remuneration that is prescribed in the regulations. (3) Despite subsections(1) and (2), if a 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 members appointment until the end of the inquiry, investigation or hearing. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. 66 Person not to use protected name or protected symbol. Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 - C2020A00047. 27 Associate members to be treated as members for certain purposes in other Acts. (1) At a meeting of the ACMA, a question is decided by a majority of the votes of the following people present and voting: (b) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate membersthat associate member, or each of those associate members. For 10 year rule, count associate membership and ABA and ACA membership and associate membership. It uses examples and tools you can apply to your own workplace. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. Minimum wage changes. Here is a list of some of the most important workplace relations legislation that governs industrial relations and employment relationships in Australia: Fair Work Act 2009 National Employment Standards (NES) Work Health and Safety Standards (WHS) State and Federal anti-discrimination laws Privacy Act 1988 Get Workplace Advice Now Full details of any changes can be obtained from the Office of Parliamentary Counsel. 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. The Fair Work Act requires an employer to notify or consult with a union if: The employees dont need to be covered by an award or enterprise agreement. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. Existing processes for sharing information may be insufficient to properly consult on important issues. You can also contact usfor further advice before you speak to your employer. (3) Otherwise, an instrument made under regulations made for the purposes of paragraph(1)(b) is a legislative instrument. Copyright Fair Work Ombudsman, Translate this website. (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. The employees know whats being considered. 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. This could include: Consultation with employees about changes to their role, employment conditions, or the work environment is critical for a productive and engaging workplace. (vi) Part14AA of the Broadcasting Services Act 1992; (i) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(h), to the extent it is so specified; (j) to do anything incidental to or conducive to the performance of any of the above functions. Extension to complete inquiry, investigation or hearing. Save results from our Pay, Shift, Leave and Notice and Redundancy Calculators. (ii) is, for any reason, unable to perform the duties of the office. Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 No. 2. (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. (b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision. This subsection has effect subject to subsections(3) and (4). These consultations helped many businesses gain the buy-in needed to quickly adapt to new or different ways of working. Superseded. (4) The Chair must call a meeting if requested to do so in writing by: Reasonable efforts must be made to inform the following people about proposed meetings of the ACMA: (b) if the agenda for the proposed meeting mentions a matter connected with an inquiry, investigation, hearing or other matter specified in 1 or more associate members instruments of appointmentthat associate member, or each of those associate members. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. The ACMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. For professionally translated information, select your language below. 62B Decisions relating to the Commonwealth etc. (1) Sections51 and 52 do not apply to a power to make, vary or revoke an instrument that is a legislative instrument. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 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. (4) For the purposes of a particular proposed decision, this section applies to an associate member as if the associate member were a member, 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. 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. It contains the full text and details of the lifecycle of individual laws and the relationships between them. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. The Legislation Register is managed by the Office of Parliamentary Counsel . (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. (1) The ACMA is to maintain a Register in which the ACMA includes: (a) all directions given to the ACMA under this Act or any other Act; and. Each year, the Fair Work Commission (FWC) reviews the National Minimum Wage (NMW) and minimum pay rates under awards. Employers and employees are both responsible for communicating with each other at and about work. requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. Legislation history and amendment historyEndnotes 3 and 4. Employers and employees are both responsible for communicating with each other at and about work. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. The day on which this Act receives the Royal Assent. 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. (3) The Chair may grant another fulltime member or a fulltime associate member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Chair determines. The course is available from www.fairwork.gov.au/learning. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. Except as otherwise provided by or under this or any other Act, the ACMA is not subject to direction by or on behalf of the Commonwealth. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. The Minister may appoint a person to act as an associate member during any period, or during all periods, when an associate member: (b) is absent from duty or from Australia; or. The privacy of Australians is also protected by the . (b) the ACMAs powers relating to those functions. Person not to use protected name or protected symbol. 67. ACMA to maintain Register of policy notifications and Ministerial directions. Note: For rules that apply to acting appointments, see section33A of the Acts Interpretation Act 1901. There are many communication methods that you can use with your employees. This checklist will help you work at best practice: State & Territory work health and safety bodies. Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. (4) Subsection(3) does not limit subsection(1). (1) A decision is taken to have been made at a meeting of the ACMA if: (a) without meeting, a majority of the members indicate agreement with the proposed decision in accordance with the method determined by the ACMA under subsection(2); and. Most businesses use more than one method. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. Determinations may define expressions by reference to other instruments. the new technology will improve worker productivity (S), because its new technology, there may be teething problems at the start (W), it should ultimately allow the business to produce more at a lower cost (O). Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (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. ACMA to maintain Register of policy notifications and Ministerial directions, (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the. They did so by setting up a structured framework for meetings between managers and staff. If the award also has rules about rostering and ordinary hours (for example in a different clause), the employer needs to follow those rules first. (1) An ACMA official may disclose authorised disclosure information to the Minister. (3) For the purposes of recovering all or part of the ACMAs expenses relating to the performance of its functions under paragraph11(1)(a) or (b), the ACMA may charge a person an amount that has been: (b) worked out under an agreement with the person. (5) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was an associate member of the ACMA): (a) a period when the person was a member of the ACMA; or, 26 Acting appointmentsassociate members. (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 Criminal Code). 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. (ii) the promotion, by any means, of the supply or use of goods or services; (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or. (b) for the services of the ACMA staff to be made available for the purposes of the authority. Note: The ACMA does not have a legal identity separate from the Commonwealth. If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. The information contained in this fact sheet is general in nature. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. If you have a question or concern about your job, entitlements or obligations, please Contact us. The Act gives a framework for workplace relations. Regularly share information about the business. 28/Jul/2021: F2021C00732: 34: 10/Jul/2021: (7) The appointer may terminate the appointment of a parttime associate member if the associate member is absent from 3 consecutive meetings of the ACMA except on leave of absence. (3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint 1 of themselves to preside. We understand that this may not always be possible and you may need to seek our help to resolve the problem. (1) The ACMA may, by writing, establish advisory committees to assist it in performing any of its functions. Most changes begin on the first full pay period starting on or after 1 July. However, the only meetings that are to be taken into account for this purpose are meetings: (a) that the associate member was entitled to attend (see section40); and. (ii) when the member leaves the meeting concerned there is no longer a quorum present; the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter; (d) the members present at a meeting must appoint 1 of themselves to preside at the meeting; (e) a question at a meeting is decided by a majority of the following people in the Division present and voting: (ii) if the question relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the instruments of appointment of 1 or more associate members in the Divisionthat associate member, or each of those associate members; (f) the person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. It includes information on: the duties for employers in CALD workplaces This includes knowing the correct award that applies to their employees and relevant minimum pay rates, including penalty rates and overtime. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. Consultation also helps staff feel engaged and supported. Application, saving and transitional provisions for provisions and amendments. As a result, changes in the workplace were required. Best practice employers examine and talk about these challenges with their staff. (3) Nothing in this section limits the generality of anything else in it. (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902). Sch1 (items14, 69): 29Sept 2007 (s2(1) item2), Sch 1 (item1): 20 Mar 2015 (s 2(1) item2), Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018 - C2018A00095. (1) The staff of the ACMA are to be persons engaged under the Public Service Act 1999. (1) For the purposes of a reference in an Act other than this Act to a member of the ACMA, an associate member is taken to be a member for all purposes in connection with any inquiry, investigation, hearing or other matter specified in his or her instrument of appointment. (2) The Minister may grant the Chair leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. (2) The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection(1). 40 Participation etc. Contacting the Translating and Interpreting Service (TIS) on Printed from fairwork.gov.au Consider the information and ideas shared by staff. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to make the delegation; (5) A document purporting to be a certificate mentioned in subsection(4) is taken to be such a certificate and to have been duly given unless the contrary is established. The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. (1) The ACMA may make an arrangement with an authority of the Commonwealth: (a) for the services of officers or employees of the authority to be made available for the purposes of the ACMA; or. Australian Communications and Media Authority Act 2005, Compilation date: 1 September 2018, Includes amendments up to: Act No. (b) during any period, or during all periods, when the Deputy Chair: (ii) is absent from duty or from Australia; or. Thank you for your feedback. (e) a foreign country is responsible for the regions international relations. (2) The Minister may appoint a person to act as a member (other than as Chair or Deputy Chair): (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or.
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