(4) Otherwise, an instrument made under subsection(2) is a legislative instrument. Victoria is the only jurisdiction who has not implemented the model WHS laws. sch 2 (items 17-87 . (4) Nothing in this section, so far as it applies to a protected name or in relation to a protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before 11May 2004, the person: (a) was using the name or the symbol in good faith in that manner; or. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. (a) stating any matter with respect to the performance of a delegated function or exercise of a delegated power; and. (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. 10 ACMAs broadcasting, content and datacasting functions. Thank you for your feedback. (b) ensure such a determination is in force at all times while the Division continues to exist. 1. The endnotes provide information about this compilation and the compiled law. This includes laws applying to the monitoring and recording of telephone conversations. It is sometimes known as occupational health and safety (OH&S). 2. (3) A person may, on payment of the charge (if any) fixed by a determination under section60: (b) make a copy of, or take extracts from, the Register. The ACMA must keep a record of decisions made in accordance with section44. 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. (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. Relationship with Part13 of the. 66 Person not to use protected name or protected symbol. (4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of section29 of the Public Governance, Performance and Accountability Act 2013, to a member or associate member doing something that, apart from that agreement, the member or associate member would be prevented by those rules from doing. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. 17 ACMA to consult ACCC in relation to management of electronic addressing. Amending laws are annotated in the legislation history and amendment history. (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. Log in now to save this page to your account. (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. 59G Disclosure of summaries and statistics, (a) summaries of authorised disclosure information that are not likely to enable the identification of a person; and. (2) Paragraph(1)(c) does not authorise the ACMA to perform a function if the performance of the function would impede the ACMAs capacity to perform its other functions. 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 . 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) information that was given in confidence to the ACMA in connection with the performance of any of the ACMAs functions or the exercise of any of its powers; or. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. They also require the employer to: While an employer must consider the matters raised by the employees, they dont have to obtain the consent of employees or their representatives to make the proposed changes. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. (1) The ACMA may establish 1 or more Divisions. (b) the Chair is the Head of that Statutory Agency. Note: A defendant bears an evidential burden in relation to the matter in subsection(2) (see subsection13.3(3) of the Criminal Code). (3) The persons on the Forum are those the ACMA from time to time appoints to the Forum. (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. Federal Register of Legislation - Australian Government However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. Person not to use protected name or protected symbol. 67. ACMA to maintain Register of policy notifications and Ministerial directions. (1) A member or associate member is to be paid the remuneration that is determined by the Remuneration Tribunal. 53 Limit on powers delegable to persons other than Divisions. (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. key messages should be clear, consistent and given with context, the communication should invite responses. Work health and safety Explosives Rural workers accommodation Dangerous goods (road and rail transport) However, a later appointment must not result in the sum of the persons periods of appointment exceeding 10 years. National Employment Standards | The Fair Work Act | Employsure Guides Other workplace problems may take more time and effort. Because of this duty, employers need to eliminate or reduce the risks to employees' health and safety caused by workplace bullying. A safety net of minimum terms and conditions of employment. The ACMAs spectrum management functions are as follows: (a) to manage the radiofrequency spectrum in accordance with the Radiocommunications Act 1992; (b) to advise and assist the radiocommunications community; (c) to report to and advise the Minister in relation to the radiocommunications community; (d) to manage Australias input into the setting of international standards for radiocommunications (except so far as Standards Australia is responsible for managing that input); (e) to make available to the public information about matters relating to the radiocommunications community; (f) to conduct public educational programs about matters relating to the radiocommunications community; (g) to give advice to the public about matters relating to the radiocommunications community; (h) such other functions as are conferred on the ACMA by or under: (i) the Radiocommunications Act 1992 (other than a provision of that Act covered by paragraph10(1)(p)); or, (ii) the Radiocommunications (Receiver Licence Tax) Act 1983; or, (iii) the Radiocommunications (Spectrum Licence Tax) Act 1997; or, (iv) the Radiocommunications Taxes Collection Act 1983; or, (v) the Radiocommunications (Transmitter Licence Tax) Act 1983; or. Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect 9. Department of Customer Service Code of Ethics and Conduct Home page - WorkSafe Victoria be open, honest, respectful and comprehensive in your communication with all employees, including about standards of conduct and behaviour in the workplace ensure our workplace culture, practices and systems (including recruitment and promotion) are consistent with the ethical values View tailored information relevant to you. (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. they intend to make significant changes at the workplace. , in relation to the ACMA, has the meaning given by section10. means a Division as described in section46. , in relation to a hearing, inquiry or investigation, has the meaning given by section4. means a hearing held, or proposed to be held, by the ACMA under Part13 of the. 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. 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. WORKPLACE RELATIONS ACT 1996 TABLE OF PROVISIONSPART 1--PRELIMINARY1. 52, 2006 made under the Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005 Compilation No. You should also share technological developments that could impact the business and any upcoming staffing changes. (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. Employers need to know their rights and obligations in their workplace. (b) Australian Communications and Media Authority. (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). It will not be expanded to deal with provisions inserted in this Act after assent. Application, saving and transitional provisions for provisions and amendments. Employment 8. Workplace Relations Regulations 2006 Select Legislative Instrument No. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (b) procedures to be followed in relation to meetings. (1) At a meeting of the ACMA, a quorum is constituted by a majority of the members. Content last updated: There are many ways you can continue to communicate in the workplace, including: Setting clear expectations from the start of employment and making important workplace information readily available can help prevent workplace problems. Copyright Fair Work Ombudsman, Translate this website. Employees who have the opportunity to be a part of the process are more likely to accept change and are less likely to feel anxious or fearful. (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. (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. 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. (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. Employers and employees are both responsible for communicating with each other at and about work. (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. 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 . (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. Any other statement in column 2 has effect according to its terms. (2) A member or associate member is to be paid the allowances that are prescribed in the regulations. Find out more about workplace entitlements and obligations during coronavirus, including consultation requirements, at coronavirus.fairwork.gov.au. Your communications strategy should cover: Seek feedback on how your employees are receiving communications. 16 Consistency with CER Trade in Services Protocol. (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. Federal Register of Legislation - Australian Government. Consultation also helps staff feel engaged and supported. Note: For rules that apply to persons acting as the Chair, see section33A of the Acts Interpretation Act 1901. (ii) radiocommunications receivers (within the meaning of that Act). (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. (1) The Minister may give written directions to the ACMA in relation to the performance of its functions and the exercise of its powers. (b) determine rules under which an associate member would be allowed to vote on a question that does not relate to a matter connected with an inquiry, investigation, hearing or other matter specified in the instrument of appointment of the associate member. Consultation is important during major workplace change. (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. (1) The ACMA is to hold such meetings as are necessary for the efficient performance of its functions. 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. The ACMA must keep minutes of its meetings. 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. (2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. If they're not dealt with, they can make workplaces unproductive and difficult for everyone. (d) the purposes of the ACMA include the functions of the ACMA referred to in Division2 of Part2. (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. 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). This way any issues can be identified and resolved as quickly as possible. If the ACMA establishes a Division, the ACMA must: (a) determine the kinds of matters the Division can deal with; and. (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. The Fair Work Act 2009(the Act) is one of the primary pieces of legislation that govern the employment relationship in most of Australia's private workplaces. Employees have a diverse range of backgrounds and life experience. Official languages in the workplace - Canada.ca