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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. 44 of 2005 as amended, taking into account amendments up to Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Administered by: Infrastructure, Transport, Regional Development and Communications, that shows the text of the law as amended and in force on, The notes at the end of this compilation (the. 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. 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. Note: A Division cannot perform any of the ACMAs functions, or exercise any of the ACMAs powers, other than those delegated to the Division under section50. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. As a result, changes in the workplace were required. (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. 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. Existing processes for sharing information may be insufficient to properly consult on important issues. (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. (5) A member or associate member can be in more than 1 Division. Workplace problems Problems happen in every workplace from time to time. Note: The ACMA does not have a legal identity separate from the Commonwealth. Information in this column may be added to or edited in any published version of this Act. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. 59H Disclosure authorised by regulations, (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and. It includes information on: the duties for employers in CALD workplaces Total periods of appointment must not exceed 10 years. Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect 9. Department of Customer Service Code of Ethics and Conduct 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. We pay our respects to the people, the cultures and the elders past, present and emerging. (3) The Chair may call a meeting at any time. Most businesses use more than one method. (5) An appointment to an advisory committee is not a public office within the meaning of the Remuneration Tribunal Act 1973. Communications Legislation Amendment (Deregulation and Other Measures) Act 2019 No. (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. Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. Cooperation means working together harmoniously to find solutions. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. It is the foundation of all minimum standards and regulations for employment that fall within the national workplace system. Employers should be aware they might have additional consultation duties with employees who have health, safety and welfare issues in the workplace. (1) Subject to subsection(2), the following provisions apply in relation to meetings of a Division: (a) a member in the Division may call a meeting by giving notice of the meeting to the other members in the Division; (b) a quorum at a meeting is a majority of the members for the time being in the Division; (i) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member in the Division from participating in the deliberations, or decisions, of the Division with respect to a particular matter; and. The Fair Work Act and awards were temporarily changed to give employers and employees extra flexibility with respect to hours, work location and stand downs. How sophisticated the communication strategy should be depends on the size of your business and the type of changes involved. 25 Period of appointment for associate members, Period specified in instrument of appointment. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. Part4Decisionmaking and delegation by ACMA. Part2ACMAs establishment, functions, powers and liabilities. Any other statement in column 2 has effect according to its terms. These require employers to consult with employees and their representatives if: An employer who intends to change regular rosters or ordinary hours of work at a workplace must consult with employees affected by the change first. (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). National Employment Standards | The Fair Work Act | Employsure Guides Find wages and penalty rates for employees. (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection. (vi) PartXIC of the Competition and Consumer Act 2010; (k) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(j), to the extent it is so specified; (l) to do anything incidental to or conducive to the performance of any of the above functions. If the ACMA establishes a Division, the ACMA must: (a) determine the kinds of matters the Division can deal with; and. (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. The ACMA has the functions described in this Division. Find the contact details for your state or territory body in the Links and resources section at the end of this guide. (6) Sections34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to the delegation under section50 to the Division. 10 ACMAs broadcasting, content and datacasting functions. (2) Subject to subsection(3), a Division may determine its own rules relating to meetings, including (for example) rules about the following: (d) how decisions are made at meetings, including quorum requirements and voting entitlements and procedures. Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. For smaller businesses, this can be a simple document setting out the ground rules for when and how staff communications will be handled, and who will handle them. (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. (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. (3) An investigation under any of the following provisions of the Broadcasting Services Act 1992 ends (subject to subsection(4) of this section) at the end of the day the ACMA completes the investigation: (4) If the ACMA decides to prepare a report under section178 of the Broadcasting Services Act 1992 about an investigation under Part13 of that Act, the investigation ends at the end of the day the ACMA completes the report. (b) as in force or existing from time to time; even if the other instrument or writing does not yet exist when the determination is made. Delegations by a Division.. 36, 53. Limit on powers delegable to persons other than Divisions.. 37, Part5ACMAs staff etc. means the Australian Communications and Media Authority. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. (1) The ACMA may, by writing, delegate to a Division any or all of the ACMAs functions and powers so far as they relate to the kinds of matters the Division can deal with. The following endnotes are included in every compilation: The abbreviation key sets out abbreviations that may be used in the endnotes. The process took 3 to 4 months each time. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. The Legislation Register is managed by the Office of Parliamentary Counsel . If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. The TIA Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. (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. (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). On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. 62B Decisions relating to the Commonwealth etc. Amending laws are annotated in the legislation history and amendment history. outlining where staff can access dispute resolution processes. (8) If the Minister is of the opinion that the members have failed to comply with section56 or 57, the GovernorGeneral may terminate the appointment of all members or particular members. (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. A reference in section60, or a provision of another Act, to an expense (however described) incurred by the ACMA in relation to a thing, includes a reference to an expense incurred by the Commonwealth in relation to the thing. Telecommunications Legislation Amendment (Competition and Consumer) Act 2020 - C2020A00047. (3) Paragraph(1)(a) does not apply to a member who is prevented by rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision. Part7Advisory committees and the Consumer Consultative Forum. The model laws have been implemented in all jurisdictions except Victoria. The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. Find wages and penalty rates for employees. (a) at a meeting of the Division (see section47); or. You can use our templatesto set out clear expectations of your employees' role and workplace behaviour. Minimum wage changes. (b) the Acts Interpretation Act 1901 to a vacancy in the membership of a body; there are taken to be 7 offices of members in addition to the Chair and Deputy Chair. (2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority. Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. Set aside enough time to get the most out of the discussion, Hold the workshop somewhere where your employees wont be distracted by work, Make sure the senior people in your business attend, Begin by outlining the proposed changes and encourage questions to make sure everyone understands the facts, Have the group brainstorm ideas and record all the points (SWOT analysis can be a useful approach), Prioritise - ask the group to each identify their top 3 points. (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. 2. Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021: Fair Work Regulations 2009. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. Printed from fairwork.gov.au Management made a conscious decision to be open and honest about the problems they were having. (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. (ii) ending before the commencement of section6; when the person was a member, or associate member, of the body corporate that was continued in existence by section14 of the Australian Communications Authority Act 1997. Communications Legislation Amendment (Deregulation and Other Measures (1) This section defines when an inquiry, investigation or hearing ends for the purposes of this Act. protected symbol means an official symbol of the ACMA, the design of which is prescribed in the regulations. Most problems in the workplace happen when there is lack of awareness about workplace entitlements. Workplace monitoring and surveillance | OAIC Consultation is important during major workplace change. When assessed against business requirements, how have the information and ideas shared by staff affected your position? Know your rights and obligations - Fair Work Ombudsman 23 Acting appointmentsmembers other than the Chair. For professionally translated information, select your language below. 63 Chair not subject to direction by ACMA on certain matters. It is best to raise any issues or concerns as early as possible. (b) the ACMAs powers relating to those functions. Good communication starts from the day you hire a new employee. 3.4.9 Safe Work Australia has published Dealing with Workplace BullyingA Workers Guide to help employees determine if workplace bullying is occurring and how the matter may be resolved. (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. 16 Consistency with CER Trade in Services Protocol. , in relation to the ACMA, has the meaning given by section8. , in relation to the office of a member, has a meaning affected by section5. (3) If neither the Chair nor the Deputy Chair is present at a meeting, the members present must appoint 1 of themselves to preside. The ACMA must keep a record of decisions made in accordance with section44. (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. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. (1) Each member is to be appointed by the GovernorGeneral by written instrument. Note 2: Subsection(3) lets the ACMA charge a consenting person for things done by the ACMA in performing those functions, even though the charge would be a tax if it were imposed on the person without his or her consent. Total appointments must not exceed 10 years. 10 ACMAs broadcasting, content and datacasting functions, 15 ACMA not otherwise subject to direction, 16 Consistency with CER Trade in Services Protocol, 17 ACMA to consult ACCC in relation to management of electronic addressing, 23 Acting appointmentsmembers other than the Chair, 25 Period of appointment for associate members, 27 Associate members to be treated as members for certain purposes in other Acts, Part4Decision-making and delegation by ACMA, 40 Participation etc. (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. (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.