(1) A corporate plan prepared by the Chair under section35 of the Public Governance, Performance and Accountability Act 2013 must include details of such other matters (if any) as the Minister requires. (b) for the services of the ACMA staff to be made available for the purposes of the authority. (1) The ACMA may, by written instrument, make determinations fixing charges for: (b) any matter in relation to which expenses are incurred by the ACMA under: (iii) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iv) the Radiocommunications Act 1992; or, (v) the Broadcasting Services Act 1992; or. 62B Decisions relating to the Commonwealth etc. 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. (1) The Chair presides at all meetings at which he or she is present. (2) For the purposes of the Public Service Act 1999: (a) the Chair and the ACMA staff together constitute a Statutory Agency; and. The key points to communicate to your staff are: electronic communications and social media aren't private 1. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. 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. consider any views given by the employees or their representatives. (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 Telecommunications Act 1997 or section182 of the Radiocommunications Act 1992. They did so by setting up a structured framework for meetings between managers and staff. (1) The ACMA may establish 1 or more Divisions. Good communication starts from the day you hire a new employee. visitors. (d) a person whose services are made available to the ACMA under subsection55(1). (f) a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it. (c) is, for any reason, unable to perform the duties of the office. (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. Superseded. (4) The ACMA must perform its functions, and exercise its powers, in a manner consistent with any directions given by the Minister under subsection(1). 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. Log in now to save this page to your account. (1) The Chair may, by writing, delegate to a member any or all of the Chairs functions and powers under: (b) regulations made for the purposes of section59H. (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. The employees know whats being considered. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. (2) A reference in subsection(1) to any other instrument or writing includes a reference to an instrument or writing: (a) made by any person or body in Australia or elsewhere (including, for example, the Commonwealth, a State or Territory, an officer or authority of the Commonwealth or of a State or Territory or an overseas entity); and, (b) whether of a legislative, administrative or other official nature or of any other nature; and. , in relation to the ACMA, has the meaning given by section11. broadcasting, content and datacasting functions. (2) The Chair and the Deputy Chair must be appointed as fulltime members. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. (b) keep a record of decisions made in accordance with section48. Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021: Fair Work Regulations 2009. (1) The Australian Communications and Media Authority is established by this section. 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. Default language is, Register to save these settings for next time, Allowances, penalty rates & other payments, Pay during inclement or severe weather & natural disasters, Bullying, sexual harassment & discrimination at work, Stay up to date with workplace law changes, Aboriginal and Torres Strait Islander peoples, An employee's guide to resolving workplace issues, Difficult conversations in the workplace - employee course, Consultation and cooperation in the workplace guide, Difficult conversations in the workplace - manager course, An employer's guide to resolving workplace issues, providing information about leave balances, communicating the process, expectations and any restrictions about requesting leave. (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. The Act gives a framework for workplace relations. The process took 3 to 4 months each time. premises. Superseded. (vi) an instrument made under an Act referred to in subparagraph(ii), (iii), (iv) or (v); and specifying the persons by whom, and the times when, the charges are payable. It is best to raise any issues or concerns as early as possible. For professionally translated information, select your language below. 2) 2010, Sch6 (items1, 24): 1Jan 2011 (s2(1) item3), Sch6 (item122): 19Apr 2011 (s2(1) item17), Broadcasting Legislation Amendment (Digital Dividend and Other Measures) Act 2011, Sch2 (item1): 27May 2011 (s2(1) item2), Sch2 (items132138) and Sch3 (items10, 11): 27Dec 2011 (s2(1) items2, 12), Telecommunications Legislation Amendment (Universal Service Reform) Act 2012, Sch1 (items13): 1July 2012 (s2(1) item2), Sch 6 (items79, 23): 24June 2014 (s2(1) item9), Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, Sch 5 (items14), Sch 6 (items13, 14), Sch 7 (items203214) and Sch 14: 1July 2014 (s 2(1) items3, 6, 14), Public Governance and Resources Legislation Amendment Act (No. (1) The ACMAs telecommunications functions are as follows: (a) to regulate telecommunications in accordance with the Telecommunications Act 1997 and the Telecommunications (Consumer Protection and Service Standards) Act 1999; (b) to advise and assist the telecommunications industry; (c) to report to and advise the Minister in relation to the telecommunications industry; (d) to report to and advise the Minister in relation to matters affecting consumers, or proposed consumers, of carriage services; (e) to manage Australias input into the setting of international standards for telecommunications (except so far as Standards Australia is responsible for managing that input); (f) to monitor, and report to the Minister on, all significant matters relating to the licensing of carriers under the Telecommunications Act 1997; (g) to make available to the public information about matters relating to the telecommunications industry; (h) to conduct public educational programs about matters relating to the telecommunications industry; (i) to give advice to the public about matters relating to the telecommunications industry; (j) such other functions as are conferred on the ACMA by or under: (ia) the Do Not Call Register Act 2006; or, (ii) the Telecommunications Act 1997; or, (iii) the Telecommunications (Carrier Licence Charges) Act 1997; or, (iv) the Telecommunications (Consumer Protection and Service Standards) Act 1999; or, (iva) Chapter4 or 5 of the Telecommunications (Interception and Access) Act 1979; or, (v) the Telecommunications (Numbering Charges) Act 1997; or. (b) provide that the Chair may, by writing, impose conditions to be complied with in relation to the disclosure of authorised disclosure information in those circumstances. The model laws have been implemented in all jurisdictions except Victoria. 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. (4) The appointer may terminate the appointment of a member or associate member if: (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or, (iii) compounds with his or her creditors; or, (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. (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. Associate members to be treated as members for certain purposes in other Acts. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional. Note: Subsection299(1) (in Part13) of the Telecommunications Act 1997 prohibits an ACMA official who has received information as described in that subsection from disclosing the information, except in certain circumstances. (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. (a) information that was given in confidence to the ACMA in connection with the performance of any of the ACMAs functions or the exercise of any of its powers; or. For professionally translated information, select your language below. (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. (1) The ACMA may make a written determination defining 1 or more expressions used in specified instruments, being instruments that are made by the ACMA under 1 or more specified laws of the Commonwealth. (2) If the Chair is not present at a meeting, the Deputy Chair presides. Part4Decisionmaking and delegation by ACMA. View tailored information relevant to you. Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021. If they're not dealt with, they can make workplaces unproductive and difficult for everyone. Below are initiatives and suggestions that can help you move your business towards best practice. (1) Sections51 and 52 do not apply to a power to make, vary or revoke an instrument that is a legislative instrument. The information in this compliance code is particularly relevant if you're an employer or health and safety representative (HSR) in a culturally and linguistically diverse (CALD) workplace. (i) remuneration, and other employmentrelated costs and expenses, in respect of APS employees whose duties relate to the performance of the eSafety Commissioners functions or the exercise of the eSafety Commissioners powers; (ii) any other costs, expenses and other obligations incurred by the Commonwealth in connection with the performance of the eSafety Commissioners functions or the exercise of the eSafety Commissioners powers; and, (i) the ACMA gave an instrument to a carrier or to a carriage service provider under section581 of the Telecommunications Act 1997 during the period; and. Best practice employers know how to communicate effectively and encourage their managers and workers to also communicate clearly, honestly and respectfully. (f) a report setting out statistical information relating to information or documents disclosed under Division3 of Part13 of the Telecommunications Act 1997, where the disclosure: (ii) is covered by a report given to the ACMA under section308 of the Telecommunications Act 1997. (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. Protection of workplace rights such as the right to engage in industrial activities, the right to be free from unlawful discrimination at work, and the right to be free from undue influence or pressure in negotiating individual arrangements. View tailored information relevant to you. (c) Part5 of Schedule6 to the Broadcasting Services Act 1992. listed carriage service has the same meaning as in the Telecommunications Act 1997. member means a member of the ACMA, and does not include an associate member. Log in now to save this page to your account. 25 Period of appointment for associate members, Period specified in instrument of appointment. Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. Consultation is most effective when its carefully considered and planned. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. (iii) the provision of the services or facilities maintains or improves the specialised technical skills of the ACMAs staff in relation to radiocommunications or telecommunications; (d) such functions as are conferred on the ACMA by or under: (i) this Act (other than section8, 9 or 10); or. Federal Register of Legislation - Australian Government. This includes laws applying to the monitoring and recording of telephone conversations. The Act also outlines a permit holder's rights to: access and inspect records (Section 482) make copies of records or documents . sch 2 (items 17-87 . Some public sector, state and local government employees, and some private sector employees in Western Australia . (c) information that was obtained by the ACMA as a result of the exercise of powers under a provision that: (i) allows the ACMA or an ACMA official to require a person to give information or to produce a document; and, (ii) is a provision of an Act or a legislative instrument; and, (iii) is not a provision described in paragraph(b); or. This might be: These points will be key messages in your consultation. 48 Division can make decisions without meetings. Best practice employers examine and talk about these challenges with their staff. (b) during any period, or during all periods, when a member: (1) The Minister may appoint as many associate members of the ACMA as he or she thinks fit. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. If you have a question or concern about your job, entitlements or obligations, please Contact us. (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. A good communication channel will have the following key elements: Some examples of communication methods include: Using a variety of different communication channels isnt very effective if the quality of the communication is poor. Consultation is also required in some situations. (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. Employers need to know their rights and obligations in their workplace. associate member means an associate member of the ACMA. 10 ACMAs broadcasting, content and datacasting functions. The practical application of theFair Work (Registered Organisations) Act 2009is overseen by the Fair Work Commission and the Registered Organisations Commission. Subject to section53, the ACMA may, by writing, delegate any or all of its functions and powers to: (b) an associate member, if the delegated function or power relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment; or. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff. Relationship with Part13 of the. Employers and employees are both responsible for communicating with each other at and about work. Please note that comments aren't monitored for personal information or workplace complaints. 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. 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. Printed from fairwork.gov.au The TIA Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. For 10 year rule, count associate membership and ABA and ACA membership and associate membership. Making sure staff are aware of their classifications within their award or agreement can also help staff understand your expectations. (c) whether or not having any legal force or effect; (d) regulations or rules under an Act; or, (e) a State Act, a law of a Territory, or regulations or any other instrument made under such an Act or law; or, (f) an international technical standard or performance indicator; or. (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902). (ii) any other law (other than a law to the extent to which it confers functions described in section8, 9 or 10); (e) to do anything incidental to or conducive to the performance of any of the above functions. (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. Employee 6. 55 Arrangements with authorities of the Commonwealth. Thank you for your feedback. (2) A person can be appointed as a member more than once. The changes must not change the effect of the law. Copyright Fair Work Ombudsman, Translate this website. (2) Subsection(1) applies only if the Division: (b) has determined the method by which the members in the Division are to indicate agreement with proposed decisions. This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (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.
