15 Compilation date: 1 July 2015 Includes amendments up to: SLI No. Select the topic below for information and links to each piece of legislation. The ACMA may, subject to this Division, regulate proceedings at its meetings as it considers appropriate. (c) information that was obtained by the ACMA as a result of the exercise of powers under a provision that: (i) allows the ACMA or an ACMA official to require a person to give information or to produce a document; and, (ii) is a provision of an Act or a legislative instrument; and, (iii) is not a provision described in paragraph(b); or. Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021. (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. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. Workplace Relations Act 1996 - Legislation requires the employer to consult with employees about any major workplace changes or changes to their regular roster or ordinary hours of work. (2) The person presiding at a meeting has a deliberative vote and, if necessary, also a casting vote. key messages should be clear, consistent and given with context, the communication should invite responses. If the Chair is not chosen, the Chair may elect at any time to be in the Division. You should also share technological developments that could impact the business and any upcoming staffing changes. It will not be expanded to deal with provisions inserted in this Act after assent. Most businesses use more than one method. (2) The other fulltime members and the fulltime associate members must not engage in paid employment outside the duties of their offices without the Chairs approval. It explains the advantages of taking a best practice approach to consultation and cooperation in your business. Know your rights and obligations - Fair Work Ombudsman (b) that would, in the ACMAs opinion, have a significant effect on competition or consumer protection. (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). Employees have a diverse range of backgrounds and life experience. The model laws have been implemented in all jurisdictions except Victoria. For more information about any editorial changes made in this compilation, see the endnotes. Contacting the Translating and Interpreting Service (TIS) on (1) The Australian Communications and Media Authority is established by this section. Employment 8. Best practice employers examine and talk about these challenges with their staff. (g) a written agreement or arrangement or an instrument or writing made unilaterally. This subsection has effect subject to subsections(3) and (4). 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. Legislation We administer acts and regulations relating to work health and safety (WHS), explosives and the transportation of dangerous goods. The Office of the Fair Work Ombudsman acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, waters and community. It is best to raise any issues or concerns as early as possible. 67 ACMA to maintain Register of policy notifications and Ministerial directions. Workplace monitoring and surveillance | OAIC Such an assignment must be in writing. (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (1) Sections51 and 52 do not apply to a power to make, vary or revoke an instrument that is a legislative instrument. We pay our respects to the people, the cultures and the elders past, present and emerging. Victoria is the only jurisdiction who has not implemented the model WHS laws. You might be able to use some existing communication channels for this (such as team meetings, newsletters or webinars). Under occupational health and safety legislation, employers and employees are required to comply with any measures that promote health and safety in the workplace. (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. Once youve determined your position, you should consider: A best practice workplace involves more than just understanding and complying with the law. (3) A Division must consist of at least 3 members as chosen from time to time by the ACMA. Reduction if specified inquiry, investigation or hearing ends earlier, (a) an associate members instrument of appointment specifies that the appointment relates to a specified inquiry, investigation or hearing; and. (3) The Chair may call a meeting at any time. (2) If the Chair is not present at a meeting, the Deputy Chair presides. If no determination of that remuneration by the Tribunal is in operation, the member or associate member is to be paid the remuneration that is prescribed in the regulations. 2. 55 Arrangements with authorities of the Commonwealth. (4) Subsection(1) has effect despite anything in the Acts Interpretation Act 1901. (a) radiocommunications (within the meaning of the, (i) radiocommunications transmitters (within the meaning of the. The rules that the Division determines displace the rules that would otherwise apply under subsection(1), to the extent of any inconsistency. An employer working at best practice will routinely consult with its employees on these important issues. (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. Good communication starts from the day you hire a new employee. (b) Australian Communications and Media Authority. when bargaining in good faith in the negotiation of the terms of an enterprise agreement, where an employee who is entitled to request a flexible working arrangement makes such a request, when negotiating an individual flexibility arrangement with an employee under an award or enterprise agreement, when an employee is on parental leave, and the employer makes a decision that will have a significant effect on the employees pre parental leave position. Best practice doesnt look the same for all employers. Superseded. Afterwards, decisions were reached, and changes were made. 13 14 50. (6) Subject to the Chairs right of election under subsection(3), the ACMA may remove a member or associate member from a Division. View tailored information relevant to you. 59J This Part does not limit disclosure by ACMA official. PDF Workplace privacy best practice guide - Fair Work The period must not exceed 5 years. 16 Act excludes some State and Territory laws 17 Awards, agreements and Commission orders prevail over State and Territory law etc. means the Australian Communications and Media Authority. The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): authorised republications to which the WORKPLACE RELATIONS ACT 1996 TABLE OF PROVISIONSPART 1--PRELIMINARY1. A security organisation experienced a critical incident at the workplace. (b) statistics derived from authorised disclosure information that are not likely to enable the identification of a person. (b) a transmission or radio emission covered by subsection20(1) or section21 or 22 of that Act. 17 ACMA to consult ACCC in relation to management of electronic addressing. (3) Nothing in this section limits the generality of anything else in it. (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. 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. (3) Otherwise, an instrument made under regulations made for the purposes of paragraph(1)(b) is a legislative instrument. (1) An ACMA official may disclose authorised disclosure information to the Minister. Other times theyre large, such as a significant fall in sales. (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. (b) the contents, immediately before the commencement of section6 of this Act, of the register maintained under section56 of the Australian Communications Authority Act 1997. 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. customers. 59H Disclosure authorised by regulations, (a) authorise an ACMA official to disclose authorised disclosure information in specified circumstances; and. (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (b) the Chair is the accountable authority of the ACMA; and, (c) the ACMA officials are officials of the ACMA; and. The information contained in this fact sheet is general in nature. 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. (b) any other matter that relates to the performance of the ACMAs functions or the exercise of the ACMAs powers. Requirements to consult with employees about significant changes in the workplace are set out in legislation, awards and enterprise agreements. Total periods of appointment must not exceed 10 years. premises. The changes must not change the effect of the law. Please note that comments aren't monitored for personal information or workplace complaints. A member or associate member may resign his or her appointment by giving the appointer a written resignation. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Sections1 and 2 and anything in this Act not elsewhere covered by this table. 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. The GovernorGeneral may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or. 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. (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. Note: Section33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc. Employers need to know their rights and obligations in their workplace. Consultation clauses generally require consultation where an employer has decided to introduce major changes in production, programming, organisation, structure or technology that are likely to significantly affect employees. The Minister may appoint a person to act as an associate member during any period, or during all periods, when an associate member: (b) is absent from duty or from Australia; or. Department of Customer Service Code of Ethics and Conduct Managing WHS may initially cost money and time to implement safe practices and install safety equipment. PDF Workplace Privacy Act 2011 - ACT Legislation Register (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). (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. They can also give written notice requiring you to produce, or provide access to, records or , in relation to the ACMA, has the meaning given by section9. means the carriage of communications (as defined in the in the. Part7Advisory committees and the Consumer Consultative Forum.
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