Yes No Further advice (1) At a meeting of the ACMA, a quorum is constituted by a majority of the members. (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. An outside facilitator helped with the process. (2) The GovernorGeneral must terminate the appointment of all of the members and associate members if the Minister is of the opinion that the ACMAs performance has been unsatisfactory for a significant period of time. 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. (4) The ACMA may give an advisory committee written directions as to: (a) the way in which the committee is to carry out its functions; and. (4) For the purposes of this section, if the Register is maintained by electronic means, a person is taken to have made a copy of, or taken an extract from, the Register if the ACMA gives the person a printout of, or of the relevant parts of, the Register. Thank you for your feedback. (2) Subsection(1) applies only if the ACMA: (b) has determined the method by which members are to indicate agreement with proposed decisions. These consultations helped many businesses gain the buy-in needed to quickly adapt to new or different ways of working. Find wages and penalty rates for employees. (b) the member or associate member engages, without the approval required by section31, in paid employment outside the duties of his or her office. 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. (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. On this page: Importance of communication Employees Employers Consultation Workplace conversations For 10 year rule, count associate membership and ABA and ACA membership and associate membership. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. 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. Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. (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. (1) The Australian Communications and Media Authority is established by this section. (a) stating any matter with respect to a delegation under subsection(1); and. A single day to be fixed by Proclamation. (4) Subsection(3) does not limit subsection(1). Leadership in official languages calls on all managers in institutions: to respect the language-of-work rights of employees; to create and maintain a workplace that is conducive to the use of English and French in bilingual regions . (5) This section does not apply to services or facilities provided under contract. If you have a question or concern about your job, entitlements or obligations, please Contact us. Workplace problems Problems happen in every workplace from time to time. Information in this column may be added to or edited in any published version of this Act. (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. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. It sets out employers' obligations in relation to employee records (Section 535). improved employee engagement and performance. 3.4.10 The Fair Work Act 2009 provides that a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. Cooperation means working together harmoniously to find solutions. (d) information that was given in confidence to the ACMA by a government authority of a foreign country. Copyright Fair Work Ombudsman, Translate this website. 62 ACMAs expenses include related Commonwealth expenses. Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021. protected symbol means an official symbol of the ACMA, the design of which is prescribed in the regulations. (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. 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. Protections against unfair or unlawful termination of employment. Regulations 56, Endnotes 57, Endnote 1About the endnotes 57, Endnote 2Abbreviation key 59, Endnote 3Legislation history 60, Endnote 4Amendment history 64, An Act to establish the Australian Communications and Media Authority, and for related purposes. (ii) is, for any reason, unable to perform the duties of the office. outlining where staff can access dispute resolution processes. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. The Act also outlines a permit holder's rights to: access and inspect records (Section 482) make copies of records or documents . (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). This can help prevent small issues from becoming big problems later on. 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. (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. (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. 40 Participation etc. (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902). Schedule 10 has effect 10. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. We understand that this may not always be possible and you may need to seek our help to resolve the problem. Any other statement in column 2 has effect according to its terms. (b) the Chair is the Head of that Statutory Agency. 4 When does an inquiry, investigation or hearing end? The annual report prepared by the Chair and given to the Minister under section46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a) a copy of each direction given to the ACMA under section14 during the period; and. a criminal offence) to record conversations if you yourself are not a party to the conversation. They cant make the changes without consent by just using the consultation clause. Associate members to be treated as members for certain purposes in other Acts. (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. The ACMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. The ACMA must keep a record of decisions made in accordance with section44. (1) An ACMA official may disclose authorised disclosure information to the Minister. 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. If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Employer 7. (2) Subsection(1) does not apply if the ACMA consents in writing to the use or application of the name or symbol. (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. Regularly share information about the business. (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. (1) The Chair presides at all meetings at which he or she is present. (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). How sophisticated the communication strategy should be depends on the size of your business and the type of changes involved. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. (4) A parttime member may be assigned by the Minister, acting on the ACMAs advice, on a fulltime basis to an inquiry, investigation or hearing. This means any change to the business that will affect employees in a significant way, for example different working hours, duties, work locations or redundancies. An 'open door' policy - this means that owners or managers commit to being open and responsive to any work-related matters their employees want to bring to them Meetings - this could include team meetings, toolbox talks or 'town hall' meetings for the whole workforce. If you dont want to share financial data, pick a non-financial performance indicator such as how many meals were sold or haircuts given, how the team is tracking against KPIs, and customer feedback. Transport, Regional Development and Communications: Incorporated Amendments. Content last updated: 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. 1) 2015, Sch 2 (items79) and Sch 7: 14 Apr 2015 (s 2), Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015, Sch 1 (item486): 5 Mar 2016 (s2(1) item2), Sch 1 (item495): 5 Mar 2016 (s2(1) item2), Omnibus Repeal Day (Autumn 2014) Act 2014, Sch 2 (items5, 24): 17Oct 2014 (s 2(1) item2), Broadcasting and Other Legislation Amendment (Deregulation) Act 2015, Sch 1 (item1): 20 Mar 2015 (s 2(1) item2) Sch 2 (item1): 19 Mar 2015 (s 2(1) item3), Enhancing Online Safety for Children (Consequential Amendments) Act 2015, Sch 2 (items18) and Sch 3: 1July 2015 (s 2(1) items4, 6), Telecommunications Legislation Amendment (Deregulation) Act 2015, Sch 1 (items46, 138163): 1July 2015 (s 2(1) item3) Sch 2 (items1, 2): 14 Apr 2015 (s2(1) item4), Sch 1 (item44): 5 Mar 2016 (s 2(1) item2), Enhancing Online Safety for Children Amendment Act 2017, Sch 1 (items28, 29, 4851): 23June 2017 (s2(1) item1), Interactive Gambling Amendment Act 2017, Sch 1 (items15, 147149): 13 Sept 2017 (s 2(1) item2), Sch 1 (items3, 4): 20Sept 2017 (s 2(1) item2), Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017, Sch 5 (items1113, 2225) and Sch 6 (items1, 2, 3842): 17 Oct 2017 (s 2(1) items12, 13, 15), Sch 5 (items2225) and Sch 6 (items3842), Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018, Sch 1 (items44, 100108): 1July 2018 (s 2(1) item2), Communications Legislation Amendment (Online Content Services and Other Measures) Act 2018, Sch 1 (items1, 2): 12Apr 2018 (s 2(1) item1), Broadcasting Legislation Amendment (Foreign Media Ownership, Community Radio and Other Measures) Act 2018, Sch 1 (item1): 1 Sept 2018 (s 2(1) item1). 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. take care with written communications, such as emails. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. (c) is, for any reason, unable to perform the duties of the office. How will you help your employees understand the change and its potential impact on them? customers. (b) an APS employee in that Department who is authorised, in writing, by the Secretary of that Department for the purposes of this subsection. (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. The period must not exceed 5 years. If section60, or a provision of another Act, authorises the ACMA to fix a charge (however described), that charge is payable to the Commonwealth. The TIA Act protects the privacy of Australians by prohibiting interception of communications and access to stored communications. Some problems are easy to fix with just a simple conversation. Commencement [see Note 1] 3. A larger-sized stationary retailer has been through two reorganisations in the past 5 years. Part6Corporate planning and reporting by ACMA. 67 ACMA to maintain Register of policy notifications and Ministerial directions. (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. Finally, ask the group to break into smaller groups to talk about the priority issues further. (2) Each associate member is to be appointed by the Minister by written instrument. Other workplace problems may take more time and effort. To check the consultation clause in your award use our, To check the consultation clause in an enterprise agreement- visit the Fair Work Commissions, Save results from our Pay, Shift, Leave and Notice and Redundancy Calculators. (b) keep a record of decisions made in accordance with section48. (b) for an associate memberthe Minister. premises. (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. Raising issues in the workplace may be uncomfortable, whether that be with your employer, employee, or a colleague. ACMA staff means the staff described in section54. additional functions, in relation to the ACMA, has the meaning given by section11. Some meetings were 1-on-1 and some were in teams. The National Employment Standards (NES) are the minimum standards of employment set out in the Fair Work Act 2009 (Act) which apply to all national system employees and employers, covered by the Act and related industrial instruments such as modern awards and enterprise agreements. means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device. (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. Employees have a diverse range of backgrounds and life experience. Find wages and penalty rates for employees. However, if any of the provision(s) do not commence before 1July 2005, they commence on that day. Most businesses use more than one method. (b) about which reasonable efforts were made to inform the associate member (see paragraph37(b)). 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. (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. You should make sure that your employees are comfortable asking you questions and raising issues or concerns with you or a manager. 2. 53 Limit on powers delegable to persons other than Divisions. (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. The way to achieve best practice will vary because of things like the number of employees, industry and the business environment. 16 Consistency with CER Trade in Services Protocol. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. 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. (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 persons on the Forum immediately before the commencement of section6 of this Act are taken to be appointed under this section at that commencement. It will not be expanded to deal with provisions inserted in this Act after assent.
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