This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. The process took 3 to 4 months each time. 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. Our automatic translation service can be used on most of our pages and is powered by Microsoft Translator. Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. This means that if the award says that the employer needs the employees consent to make any changes to their roster or ordinary hours, this applies. (a) this Act to a vacancy in the office of a member; or. 2. (b) information that was obtained by the ACMA as a result of the exercise of any of its powers under: (i) Part2, 5, 7 or 13 of the Broadcasting Services Act 1992; or, (ia) Part3, 4 or 5 of the Interactive Gambling Act 2001; or, (ii) Chapter3, 5 or 6 of the Radiocommunications Act 1992; or, (iii) Part3, 6, 21, 26 or 27 of the Telecommunications Act 1997; or, (iv) Schedule3A to the Telecommunications Act 1997; or, (v) Part2 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or. Division means a Division as described in section46. ends, in relation to a hearing, inquiry or investigation, has the meaning given by section4. foreign country includes a region, where: (a) the region is a colony, territory or protectorate of a foreign country; or, (b) the region is part of a foreign country; or, (c) the region is under the protection of a foreign country; or, (d) a foreign country exercises jurisdiction or control over the region; or. (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. (4) The ACMA may revoke a persons appointment to the Forum. (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. However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. The ACMA consists of the following members: (c) at least 1, and not more than 7, other members. (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. Work health and safety Explosives Rural workers accommodation Dangerous goods (road and rail transport) ACMA staff means the staff described in section54. additional functions, in relation to the ACMA, has the meaning given by section11. A member or associate member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the appointer. (1) The appointer must terminate the appointment of a member or associate member if the Minister is of the opinion that the performance of the member or associate member has been unsatisfactory for a significant period of time. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to perform the delegated function or exercise the delegated power; (3) A document purporting to be a certificate mentioned in subsection(2) is taken to be such a certificate and to have been duly given unless the contrary is established. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. It sets out employers' obligations in relation to employee records (Section 535). (2) A charge fixed under subsection(1) must not be such as to amount to taxation. 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 . (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. 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. (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. There are many communication methods that you can use with your employees. The following initiatives can be used to promote effective communication in your workplace: Improve your communication with these tips: Before consulting your employees about a proposed workplace change, you need to consider what that change might mean for your business. 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. Associate members to be treated as members for certain purposes in other Acts. Sections1 and 2 and anything in this Act not elsewhere covered by this table. consider any views given by the employees or their representatives. key messages should be clear, consistent and given with context, the communication should invite responses. (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. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. 16 Consistency with CER Trade in Services Protocol. First, identify all the SWOT points for the change. 55 Arrangements with authorities of the Commonwealth. Find out more about workplace entitlements and obligations during coronavirus, including consultation requirements, at coronavirus.fairwork.gov.au. Supporting information WHS Regulators' contact information The role of WHS regulators Was the content on this page helpful? (b) any other matter that relates to the performance of the ACMAs functions or the exercise of the ACMAs powers. 13 14 50. Each time, management consulted with employees before any restructuring decisions were made. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. This is a compilation of the Australian Communications and Media Authority Act 2005 that shows the text of the law as amended and in force on 1 September 2018 (the compilation date). The business believes it was worth it because the restructuring went smoothly and the employees who stayed with the business remained engaged and committed to it. (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013. 2022-10-26 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. (4) Otherwise, an instrument made under subsection(2) is a legislative instrument. There are many ways to consult with employees, but key elements include: Your consultation plan should set out how consultation will occur and who will be involved. Being consulted about important decisions in the workplace can improve an employees engagement with their work. they intend to change an employees regular roster or ordinary hours of work, or. (3) An instrument made under subsection(2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument. (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. 15 ACMA not otherwise subject to direction. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. It also has practical tips and case studies to help you move your business towards best practice. (1) For the purpose of advising the Minister, an ACMA official may disclose authorised disclosure information to: (b) an APS employee in the Department who is authorised, in writing, by the Secretary of the Department for the purposes of this subsection. Save results from our Pay, Shift, Leave and Notice and Redundancy Calculators. Thank you for your feedback. (3) A direction under subsection(1) must be published in the Gazette. (b) for the services of the ACMA staff to be made available for the purposes of the authority. (b) persons who sell, hire, manufacture or import: (i) radiocommunications transmitters (within the meaning of the Radiocommunications Act 1992); or. 53 Limit on powers delegable to persons other than Divisions. (2) If the Chair is not present at a meeting, the Deputy Chair presides. (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. Employee 6. Most changes begin on the first full pay period starting on or after 1 July. However, if any of the provision(s) do not commence before 1July 2005, they commence on that day. (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. Person not to use protected name or protected symbol. 67. ACMA to maintain Register of policy notifications and Ministerial directions. communicate face to face wherever possible, especially for important messages, give the communication your full attention, make your communication as clear and as honest as you can, listen reflectively and actively and check that you have heard the message correctly, respond respectfully, be empathetic (I can appreciate why you feel that way), pay attention to body language and non-verbal triggers, be aware that different cultures have different ways of communicating respectfully (for example not making eye contact or favouring private rather than public praise). 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. In 2020 many employees' work arrangements changed because of the impacts of coronavirus. 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. 95, 2015 Registered: 1 September 2015 About this compilation We pay our respect to them and their cultures, and Elders, past, present and future. For more information on any modifications, see the series page on the Legislation Register for the compiled law. The practical application of the Fair Work Act in workplaces is overseen by the Fair Work Commission and the Fair Work Ombudsman. Afterwards, decisions were reached, and changes were made. If you would like to tell us more about the information youve found today you can complete our feedback form. Yes No Further advice (2) A person can be appointed as a member more than once. The Act gives a framework for workplace relations. Workplace problems Problems happen in every workplace from time to time. Consistency with CER Trade in Services Protocol 17. ACMA to consult ACCC in relation to management of electronic addressing. Call through the National Relay Service (NRS): The Fair Work Ombudsman is committed to providing you with advice that you can rely on. Best practice doesnt look the same for all employers. Employees have a responsibility just like employers to make sure they communicate effectively in the workplace. (1A) Subsection(1) does not authorise the disclosure of information to an authority mentioned in paragraph(1)(ga) or (p) unless the information relates to: (a) a prohibited interactive gambling service; or. Employers can read the Fair Work Ombudsman's, Small business owners can call the Small Business Helpline on. For more information about any editorial changes made in this compilation, see the endnotes. 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. (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. In our experience, if issues arise in the workplace, having an open and respectful conversation can help to resolve the problem. (1) A member holds office for the period 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. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. Use our Find My Award toolat www.fairwork.gov.au/findmyaward or visit the Fair Work Commissions Agreements page at www.fwc.gov.au/agreements to find the award or agreement that applies to your workplace. Communication in the workplace Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. Employers and employees are both responsible for communicating with each other at and about work. Employer 7. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. associate member means an associate member of the ACMA. premises. (2) An advisory committee consists of such persons as the ACMA from time to time appoints to the committee. The endnotes provide information about this compilation and the compiled law. (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. customer cabling has the same meaning as in the Telecommunications Act 1997. customer equipment has the same meaning as in the Telecommunications Act 1997. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. See section23 of the, Requirements relating to these functions and powers, (3) A direction under subsection(1) must be published in the, (5) This section does not affect the Ministers powers under the, Consistency with CER Trade in Services Protocol, The ACMA must perform its broadcasting, content and datacasting functions, and exercise its powers relating to those functions, in a manner consistent with Australias obligations under the CER Trade in Services Protocol (as defined in the, ACMA to consult ACCC in relation to management of electronic addressing, (4) For the purposes of subsection(2), a, (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, when the person was a member, or associate member, of the body corporate that was continued in existence by section14 of the, Note: For rules that apply to persons acting as the Chair, see section33A of the, Acting appointmentsmembers other than the Chair, Note: For rules that apply to acting appointments, see section33A of the, Period of appointment for associate members, (5) For the purposes of subsection(2), a, Associate members to be treated as members for certain purposes in other Acts, Terms and conditions for members and associate members, (3) This section has effect subject to the, (1) A disclosure by a member or associate member under, (which deals with the duty to disclose interests) must be made, (3) For the purposes of this Act and the, (4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of, (b) the member or associate member fails, without reasonable excuse, to comply with section29 of the, (a) rules made for the purposes of section29 of the, Participation etc. Most problems in the workplace happen when there is lack of awareness about workplace entitlements. The ACMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (a) rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013 prevent a member from participating in the deliberations, or decisions, of the ACMA with respect to a particular matter; and. seek feedback on how your employees are receiving your communications. 65 Determinations may define expressions by reference to other instruments. 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). Most awards and agreements require making a copy of the award or enterprise agreement available and easily accessible to staff. Content last updated: Superseded. It is best to raise any issues or concerns as early as possible. (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. 10 ACMAs broadcasting, content and datacasting functions. Our online courses can help you be more confident having difficult conversations in the workplace. In this Act, unless the contrary intention appears: ACMA means the Australian Communications and Media Authority. Information in this column may be added to or edited in any published version of this Act. 59F Disclosure of publicly available information. Employment 8. Victoria is the only jurisdiction who has not implemented the model WHS laws. prohibited interactive gambling service has the same meaning as in the Interactive Gambling Act 2001. Be flexible and refine your strategy over time to make sure it remains effective and practical. 48 Division can make decisions without meetings. Find wages and penalty rates for employees. (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. This Part does not limit the circumstances in which an ACMA official is authorised to disclose information. Most businesses use more than one method. Skip to primary navigation Skip to primary content. 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. Please note that comments aren't monitored for personal information or workplace complaints. Thank you for your feedback. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. 17 ACMA to consult ACCC in relation to management of electronic addressing. (b) keep a record of decisions made in accordance with section48. they intend to make significant changes at the workplace. Other times theyre large, such as a significant fall in sales. (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) 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. (3) A member, other than the Chair or the Deputy Chair, may be appointed as a fulltime member or as a parttime member. The employees reported feeling better because they had the chance to offer their views and suggestions about the changes. 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.