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) Without limiting the powers of the ACMA to make determinations under subsection64(1), a determination under that subsection may define an expression used in a specified instrument by applying, adopting or incorporating (with or without modifications) matter contained in any other instrument or writing whatever: (a) as in force or existing at a particular time; or. (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. (4) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was a member of the ACMA): (a) a period when the person was an associate member of the ACMA; or, (b) a period before the commencement of section6 when the person was a member, or associate member, of the Australian Broadcasting Authority that was established by the Broadcasting Services Act 1992; or, (i) starting on or after 1July 1997; 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. Each year, the Fair Work Commission (FWC) reviews the National Minimum Wage (NMW) and minimum pay rates under awards. Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. Most changes begin on the first full pay period starting on or after 1 July. Some public sector, state and local government employees, and some private sector employees in Western Australia . protected symbol means an official symbol of the ACMA, the design of which is prescribed in the regulations. (2) A person can be appointed as an associate member more than once. Transport, Regional Development and Communications: Incorporated Amendments. This Part does not authorise a disclosure of information that is prohibited by Part13 of the Telecommunications Act 1997. In our experience, if issues arise in the workplace, having an open and respectful conversation can help to resolve the problem. (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. 65 Determinations may define expressions by reference to other instruments. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. They understand the change and its potential impact on the workforce, There is a clear process for consultation and employees know who will make the final decision and how. 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. (2) A charge fixed under subsection(1) must not be such as to amount to taxation. (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. (2) An investigation under Part26 of the Telecommunications Act 1997, or an inquiry or hearing, ends at the end of the day on which the ACMA completes the preparation of a report about the investigation, inquiry or hearing under whichever of the following provisions is applicable: (a) section495 or 516 of the Telecommunications Act 1997; (b) section261D of the Radiocommunications Act 1992; (c) section199 of the Broadcasting Services Act 1992. (3) The persons on the Forum are those the ACMA from time to time appoints to the Forum. As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: Australia's workplace relations laws are enacted by the Commonwealth Parliament. Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. If you have a question or concern about your job, entitlements or obligations, please Contact us. (1) The Australian Communications and Media Authority is established by this section. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (1) An ACMA official may disclose authorised disclosure information to a Royal Commission (within the meaning of the Royal Commissions Act 1902). 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) A person commits an offence if the person: (a) uses in relation to a business, trade, profession or occupation; or, (b) uses as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or, (c) applies, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let on hire; or. (2) An instrument made under regulations made for the purposes of paragraph(1)(b) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. (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. 15 Compilation date: 1 July 2015 Includes amendments up to: SLI No. Content last updated: The ACMA must consult the Australian Competition and Consumer Commission before carrying out an act: (a) for the purpose of performing its functions under paragraph11(1)(a) or (b); and. For 10 year rule, count membership and ABA and ACA membership and associate membership. Associate members to be treated as members for certain purposes in other Acts. give prompt consideration to any matters raised by the employees and their representatives. Participation etc. (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. Management and employees then work together to identify any workforce issues or problems arising out of the change and agree on ways to solve those problems. (a) determine rules that purport to exclude the operation of, or that are inconsistent with, rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013, or any provision of this Act (other than subsection(1) of this section); or. (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. gambling service has the same meaning as in the Interactive Gambling Act 2001. hearing means a hearing held, or proposed to be held, by the ACMA under Part13 of the Broadcasting Services Act 1992. inquiry means an inquiry held, or proposed to be held, by the ACMA under: (a) Part25 of the Telecommunications Act 1997; or. 59G Disclosure of summaries and statistics, (a) summaries of authorised disclosure information that are not likely to enable the identification of a person; and. The Act gives a framework for workplace relations. Workplace monitoring and surveillance | OAIC Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. (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. The process took 3 to 4 months each time. 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. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. (3) A Division must consist of at least 3 members as chosen from time to time by the ACMA. Consultation is important during major workplace change. The ACMA must keep a record of decisions made in accordance with section44. Teamwork Communication (CDCE 740) This course is designed to help IEP enhance professional success through practicing effective behaviours in the Canadian workplace environment. Ask them to think of ways in which the weaknesses or threats can be reduced, strengths built on and opportunities maximised. 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. As a result, changes in the workplace were required. (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. customers. Work health and safety Explosives Rural workers accommodation Dangerous goods (road and rail transport) 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. On 10 November 2020, Western Australia passed a version of the model laws, which became operational on 31 March 2022. (b) the disclosure is in accordance with that consent. Raising issues in the workplace may be uncomfortable, whether that be with your employer, employee, or a colleague. The Federal Register of Legislation (the Legislation Register) is the authorised whole-of-government website for Commonwealth legislation and related documents. 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. Ethics, Integrity and Professional Standards Policy Manual | Australian Legislation | Safe Work Australia (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). Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect 9. (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. An employer working at best practice will routinely consult with its employees on these important issues. (2) In performing a function, or exercising a power, delegated under subsection(1), the delegate must comply with any directions of the Chair. (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. The information contained in this fact sheet is general in nature. 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. Please note that comments aren't monitored for personal information or workplace complaints. Sometimes these challenges are small, such as introducing a new staff training program. (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. 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. Check your award or agreement for consultation provisions. (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. sch 2 (items 17-87 . Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. (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. 25 Period of appointment for associate members, Period specified in instrument of appointment. It will not be expanded to deal with provisions inserted in this Act after assent. However, an employer who conducts surveillance or monitors their staff must follow any relevant Australian, state or territory laws. (1) Subject to section53, a Division may delegate all or any of the functions and powers delegated to it under section50 to: (2) The delegation continues in force despite a change in the membership of the Division. 95, 2018, Registered: 7 September 2018. The national workplace relations system is established by theFair Work Act 2009and other laws and covers the majority of private sector employees and employers in Australia. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. (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. Definitions 5. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. (b) for the services of the ACMA staff to be made available for the purposes of the authority. 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. 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. (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. (1) An associate member is entitled to attend, and participate in discussions at, a meeting of the ACMA while the meeting is considering a matter connected with an inquiry, investigation, hearing or other matter specified in the associate members instrument of appointment. This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. (1) A member or associate member is to be paid the remuneration that is determined by the Remuneration Tribunal. (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. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff.

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