Governance - Compliance

Contents

  1. Compliance
  2. Regulatory Bodies, Legislation & Documents
  3. Codes of Practice
  4. Working with Children & Child Safety
  5. Serving Food & Alcohol

Compliance 

Running a community radio station inevitably involves needing to comply with national and state legislation.  

Regulatory Bodies, Legislation & Documents  

The Broadcasting Services Act outlines the legal framework of Australian broadcasting, including community broadcasting, and explains the role the sector plays in delivering diverse media services that reflect a sense of Australian identity, character and cultural diversity. 

The Codes set out the guiding principles and policies for programming on community broadcasting stations. They also outline the operational standards for stations that hold a community broadcasting licence. The Codes do not replace the licence conditions in the Act; they are complementary and stations are legally obliged to follow both the licence conditions and the Codes.

The Australian Media Communications Authority (ACMA)

The ACMA is the Australian broadcasting regulator and is responsible for ensuring that community broadcasting stations meet the licence conditions in the Act and requirements outlined in the Codes. The ACMA is responsible for giving stations their broadcast licences and oversees the licence renewal process.

Consumer Affairs Bodies

Almost all community radio stations are incorporated associations, and must adhere to the association legislation as set out by each state's Consumer Affairs or Fair Trading body. Incorporated associations offer simple and more affordable ways of creating separate legal entities for small, community-based groups with limited resources. Consumer Affairs or Fair Trading bodies regulate these non-profits and associations.

Your Station's Constitution

The constitution of a not-for-profit is the road map for the running of the organisation. It is also a legal requirement that an organisation and its members follow the rules of the organisation. As such, your station's constitution is often the first place to turn to understand how your station should run, although the constitution must reflect legal obligations as set out by the Codes, the ACMA, and your state's Consumer Affairs body.

The Australian Charities and Not-for-profits Commission (ACNC)

The ACNC is the independent national regulator of charities. They are responsible for registering charities, supporting the not-for-profit sector and helping charities understand their obligations. Many community radio stations are registered charities, and as such must report to the ACNC - you can check your station's charity status online.

Phonographic Performance Company of Australia Limited (PPCA)

PPCA provides licences covering the recording and/or music video of a song (a particular recorded performance), and represents the interests of recording artists and record labels. Broadcasters must pay for a PPCA licence (CBAA members save 50% on their compulsory licence fees).

APRA AMCOS

APRA AMCOS provides licences covering the copyright in a song (eg lyrics, composition etc) and represents the interests of composers and publishers. Broadcasters must pay for a APRA AMCOS licence.

Sponsorship Guidelines 2008

The Australian Communications and Media Authority (ACMA) has developed the Community Broadcasting Sponsorship Guidelines 2008 (the guidelines) to assist licensees with compliance. 

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Codes of Practice 

The Laws of Advertising and Your Community Station

Advertising and marketing in Australia is governed by a co-regulatory system, with regulation in the Australian Consumer Law (ACL), as well as a self-regulatory system administered by representatives of the advertising industry.

Community organisations are required to comply with all laws and regulations - there are some misperceptions in the not-for-profit sector that consumer laws do not apply to charities and not-for-profits. This is not true. Charities and not-for-profits should especially consider laws when they are providing goods and services, running campaigns or promotions, or in relation to fundraising activities.

See more resources: Not-for-profit Law

Policies and Procedures 

In order to comply with relevant legislation and ensure your station's operations run smoothly, it's important to make sure your station has the relevant policies and procedures.

There are some policies that you need to have to comply with the ACMA and the Codes of Practice, and having these policies will help save you a lot of time when your licence renewal comes around.

Policies you need to have: 

  • Corporate Governance (Code 1.2)
  • Membership (Code 1.4)
  • Internal conflict & grievances (Code 1.5)
  • Complaints handling (Code 1.6)
  • Community participation (Code 2.1)
  • Programming (Code 2.2)  
  • Volunteering (Code 2.3)  
  • Sponsorship (Code 6.1) 

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Working with Children & Child Safety 

Stations who have staff or volunteers under 18 need to ensure that their policy, practices and organisational culture are child safe. 

Child Safe Tools and Resources

The Australian Human Rights Commission to develop practical tools and resources to help organisations implement the National Principles for Child Safe Organisations.

These include: 

  • An introductory self-assessment tool for organisations
  • A Charter of Commitment to Children and Young People
  • A Child Safety and Wellbeing Policy template
  • An example Child Safe Code of Conduct
  • A Checklist for online safety
  • A Guide for parents and carers 

Child Safety Toolkit

The 2017 Child Safety Toolkit was created by Moores and Our Community as part of a shared commitment to promoting child safety, and helping not-for-profit organisations ensure compliance with the complex web of legislation in this area.

The toolkit includes: 

  • A child safety checklist

  • A sample child safety policy

  • A sample child safety code of conduct 

Working With Children Checks and Police Checks are different types of pre-employment screening programs which ensure child-safe working environments in Australia. Pre-employment screening of adults and Volunteers who come in contact with children is mandatory and legislated for across most states and territories in Australia. However there is no national framework setting out the requirements for obtaining a Working With Children Check (or Police Checks) - and each state and territory has their own procedures and requirements.

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Serving Food & Alcohol 

Did you know that if you are serving food or alcohol at your OBs, open days or events then you must comply with relevant legislation? 

For your own state’s regulations:

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