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Information management legislation | naa.gov.au (b) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision. 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. It includes information on: the duties for employers in CALD workplaces (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. (e) a foreign country is responsible for the regions international relations. PDF Workplace Privacy Act 2011 - ACT Legislation Register (3) Subsection(2) does not limit subsection(1). means an inquiry held, or proposed to be held, by the ACMA under: means an investigation conducted, or proposed to be conducted, by the ACMA under: means a member of the ACMA, and does not include an associate member. (2) The Chair may, by writing, impose conditions to be complied with in relation to authorised disclosure information disclosed under subsection(1). (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. (a) radiocommunications (within the meaning of the Radiocommunications Act 1992); or. Accordingly, this compilation does not show the text of the compiled law as modified. 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. Management made a conscious decision to be open and honest about the problems they were having. (1) The Minister may appoint a member to act as the Deputy Chair: (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or. (5) This section does not affect the Ministers powers under the Broadcasting Services Act 1992 to give directions to the ACMA. This Act may be cited as the Australian Communications and Media Authority Act 2005. An ACMA official may disclose authorised disclosure information that relates to the affairs of a person if: (a) the person has consented to the disclosure; and. (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. (2) An expression used in this section that is also used in the Telecommunications Act 1997 has the same meaning in this section as it has in that Act. (2) An ACMA official may disclose to a Minister authorised disclosure information that relates to a matter arising under a provision of an Act that is administered by that Minister. (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the member or associate member is taken not to have complied with section29 of that Act if he or she does not comply with subsection(1) of this section. (b) all the members in the Division were informed of the proposed decision, or reasonable efforts were made to inform all those members of the proposed decision. Other workplace problems may take more time and effort. Best practice employers create a consultation strategy whenever they need to consult with staff about significant workplace change. (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 Chair presides at all meetings at which he or she is present. SWOT is a commonly used business analysis and decision-making tool. Legislation history and amendment historyEndnotes 3 and 4. Agency responsible: Department of Employment. Law and regulation | Safe Work Australia A member or associate member may resign his or her appointment by giving the appointer a written resignation. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. they decide to dismiss 15 or more employees for economic, technological, structural or similar reasons; and. ACMA legislated functions - Department of Communications 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. (2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. (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. Determinations may define expressions by reference to other instruments. Managing WHS may initially cost money and time to implement safe practices and install safety equipment. 95, 2015 Registered: 1 September 2015 About this compilation (2) Subsection(1) has effect subject to rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013. (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. (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. (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. (b) the member or associate member engages, without the approval required by section31, in paid employment outside the duties of his or her office. (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. We understand that this may not always be possible and you may need to seek our help to resolve the problem. They can also give written notice requiring you to produce, or provide access to, records or (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. Because of this duty, employers need to eliminate or reduce the risks to employees' health and safety caused by workplace bullying. They also asked each team to consider sales and financial data and suggest ways they could respond to lower sales. (5) For the purposes of this Act (except for subsection31(2) and paragraph34(5)(b)), a parttime member so assigned is taken to be a fulltime member while the assignment is in force. Most employees are very interested in whats happening in the business and how its performing, especially if that might impact on their job security. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. sch 2 (items 17-87 . Existing processes for sharing information may be insufficient to properly consult on important issues. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. (b) during any period, or during all periods, when the Chair: (i) is absent from duty or from Australia; or. 59J This Part does not limit disclosure by ACMA official. If they're not dealt with, they can make workplaces unproductive and difficult for everyone. Information in this column may be added to or edited in any published version of this Act. (2) A person can be appointed as a member more than once. (4) The ACMA may revoke a persons appointment to the Forum. (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. (b) about which reasonable efforts were made to inform the associate member (see paragraph37(b)). Generally, state laws cover the installation and use of CCTV, and some states also have specific workplace surveillance laws. Consultation and cooperation in the workplace - Fair Work Employers should be aware they might have additional consultation duties with employees who have health, safety and welfare issues in the workplace. In these cases, consider specific consultation arrangements such as focus groups or consultation workshops with staff. Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business. (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. notify any employees who might be affected by the proposed changes, and their representatives, discuss the proposed changes with the affected employees and any representatives as soon as possible after a decision is made, provide them with written information about the changes, how they might affect employees, and any measures the employer will put in place to prevent or reduce any adverse effects. (5) A member or associate member can be in more than 1 Division. Please note that comments aren't monitored for personal information or workplace complaints. These may include: Consultation means asking for and considering employees views when making decisions. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. If you have a question about your work or a workplace issue, we encourage you to speak to your employer about it first. Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. (b) the Chair is the Head of that Statutory Agency. (2) An advisory committee consists of such persons as the ACMA from time to time appoints to the committee. (b) a design that is registered under the Designs Act 2003; and was registered under the Trade Marks Act 1995 or the Designs Act 1906 immediately before 11May 2004 in relation to the name or symbol. requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. (1) A fulltime member or fulltime associate member has the recreation leave entitlements that are determined by the Remuneration Tribunal. (3) Otherwise, an instrument made under regulations made for the purposes of paragraph(1)(b) is a legislative instrument. 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. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. allows employees to be represented during the consultation (for example, by an elected employee or a representative from a union). (a) stating any matter with respect to a delegation under subsection(1); and. (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. 13 14 50. (2) The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection(1). (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. (b) a transmission or radio emission covered by subsection20(1) or section21 or 22 of that Act. The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. Note: The ACMA need not obtain a persons agreement to a charge that relates to the ACMAs expenses in performing its functions mentioned in subsection(3) and does not amount to taxation (either because the charge is a fee for the ACMA providing the person with services or facilities or for another reason). (5) For the purposes of subsection(2), a period of appointment includes (in addition to any periods when the person was an associate member of the ACMA): (a) a period when the person was a member of the ACMA; or, 26 Acting appointmentsassociate members. Workplace discrimination, harassment and bullying | Australian Human Fair Work Legislation Amendment Regulations 2022: Fair Work Regulations 2009. We pay our respect to them and their cultures, and Elders, past, present and future. Through simulations and case studies learners will practice dealing with culturally and ethically challenging situations in the workplace, personal career planning, networking, strategic planning, and effective team . (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. 4 When does an inquiry, investigation or hearing end? We pay our respects to the people, the cultures and the elders past, present and emerging. Work health and safety | business.gov.au suppliers. (1) The Australian Communications and Media Authority is established by this section. Australia's workplace relations laws As set out in the Fair Work Act and other workplace legislation, the key elements of our workplace relations framework are: A safety net of minimum terms and conditions of employment. (ii) in the ACMAs opinion, the instrument does not contain confidential information; (c) in relation to each instrument the ACMA gave as mentioned in subparagraph(b)(i) and that, in the ACMAs opinion, contains confidential information: (i) if, in the ACMAs opinion, part of the instrument can be reproduced in the annual report without disclosing confidential informationa copy of that part; and, (ii) if subparagraph(i) does not applya statement specifying the instrument and the carrier or carriage service provider to which, and the day on which, it was given; and, (iii) a statement that, because of confidential information contained in the instrument, or in a part of it, as the case requires, the instrument or part is not reproduced in the annual report; and, (iv) a note summarising so much of the instrument as is not so reproduced, but without disclosing any information that, in the ACMAs opinion, is confidential; and, (i) the number and types of complaints made under Part26 of the Telecommunications Act 1997 during the period; and, (ii) the investigations conducted under Part26 of that Act during the period as a result of complaints made under Part26 of that Act; and, (iii) the results of those investigations; and, (e) a report on the operation of Part6 of the Telecommunications Act 1997 during the period; and. (ii) an associate member who participated, or could have participated, in the making of the Divisions decision to make the delegation; (5) A document purporting to be a certificate mentioned in subsection(4) is taken to be such a certificate and to have been duly given unless the contrary is established. This checklist will help you work at best practice: State & Territory work health and safety bodies. 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. by associate members at meetings, 48 Division can make decisions without meetings, 53 Limit on powers delegable to persons other than Divisions, 55 Arrangements with authorities of the Commonwealth, 59B Disclosure to public servants for advising their Ministers, 59F Disclosure of publicly available information, 59G Disclosure of summaries and statistics, 59J This Part does not limit disclosure by ACMA official, 59K Relationship with Part13 of the Telecommunications Act 1997, 59L Delegation of Chairs powers under this Part, 61 Charges are payable to the Commonwealth, 62 ACMAs expenses include related Commonwealth expenses. It uses examples and tools you can apply to your own workplace. Find more information in our Consultation and cooperation in the workplace guide. Employers. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. 2. Thank you for your feedback. South Australia and Tasmania implemented the model WHS laws on 1 January 2013. Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021: Fair Work Regulations 2009. (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. If section60, or a provision of another Act, authorises the ACMA to fix a charge (however described), that charge is payable to the Commonwealth. (b) ensure such a determination is in force at all times while the Division continues to exist. (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. (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. You should make sure that your employees are comfortable asking you questions and raising issues or concerns with you or a manager. (vi) Part14AA of the Broadcasting Services Act 1992; (i) to monitor, and to report to the Minister on, the operation of each Act specified in paragraph(h), to the extent it is so specified; (j) to do anything incidental to or conducive to the performance of any of the above functions. (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. (5) An appointment to an advisory committee is not a public office within the meaning of the Remuneration Tribunal Act 1973. Decisions relating to the Commonwealth etc. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. For more information about any editorial changes made in this compilation, see the endnotes. (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. Communication in the workplace Good communication practices can help prevent workplace problems from occurring, and resolve issues quickly. (iii) is, for any reason, unable to perform the duties of the office. , in relation to the ACMA, has the meaning given by section11. broadcasting, content and datacasting functions. Complete our free Difficult conversations in the workplace online courseto learn practical tips to manage conversations and achieve positive outcomes. (2) A person can be appointed as an associate member more than once. We have a number of resources to help you prepare for conversations with your employer, including: Find more information on our Know your rights and obligationspage. (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. Total periods of appointment must not exceed 10 years. (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or. they intend to make significant changes at the workplace. (b) would have been entitled to prevent another person from passing off, by means of the use of the name or the symbol or a similar name or symbol, goods or services as the goods or services of the firstmentioned person. associate member means an associate member of the ACMA. (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. Finally, ask the group to break into smaller groups to talk about the priority issues further. (5) The ACMA may give the Forum written directions as to: (a) the way in which the Forum is to carry out its function; and. If the Chair is not chosen, the Chair may elect at any time to be in the Division. (1) The Consumer Consultative Forum established under the Australian Communications Authority Act 1997 continues in existence after the commencement of section6 of this Act as if it were established by the ACMA, by writing, at that commencement. The information contained in this fact sheet is general in nature. The Department of Home Affairs administers the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Surveillances Devices Act 2004 (SD Act). (2) In performing a function, or exercising a power, delegated under subsection(1), the delegate must comply with any directions of the Chair. Australian Communications and Media Authority Act 2005, Compilation date: 1 September 2018, Includes amendments up to: Act No. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. (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. (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. 13 14 50. Schedule 10 has effect 10. Employers and employees are both responsible for communicating with each other at and about work. 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. Awards contain standard consultation clauses. 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. Transport, Regional Development and Communications: Incorporated Amendments. s 3. am No 124, 2007; No 178, 2007; No44, 2012; No 25, 2015; No 38, 2015; No 85, 2017. s 4. am No124, 2007; No 109, 2014; No 25, 2015. s 6. s 8. am No89, 2006; No177, 2007; No103, 2010; No46, 2011; No44, 2012; No 38, 2015. s 9. s 10.. am No153, 2006; No124, 2007; No8, 2010; No 25, 2015; No 38, 2015; No 113, 2017; No 28, 2018. s 12.. s 13.. s 18.. s 22.. s 23.. s 25.. s 26.. s 29.. s 30.. s 34.. s 39.. s 40.. s 44.. s 47.. s 48.. s 53.. am No 124, 2007; No 36, 2011; No 22, 2015; No 25, 2015; No 126, 2015, am No 93, 2017; No 28, 2018; No 95, 2018. s 55.. am No 5, 2011 (md Sch 6 item122); No 62, 2014. s 56.. s 57.. am No8, 2010; No44, 2012; No 25, 2015; No 38, 2015; No 51, 2017; No 85, 2017; No 25, 2018. s 59F s 59J s 63.. Act No. (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. 17 ACMA to consult ACCC in relation to management of electronic addressing. Copyright Fair Work Ombudsman, Translate this website. Telecommunications interception and surveillance - Home Affairs 25 Period of appointment for associate members, Period specified in instrument of appointment.

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