Notice of Remedial Directions Given by the Australian Communications and Media Authority
Notice of remedial directions given by the Australian Communications and Media Authority (the ACMA) to Hawkesbury Radio Communications Cooperative Society Ltd under subsection 141(1) of the Broadcasting Services Act 1992 (Cth)
The ACMA hereby gives notice to the licensee of 2VTR, Hawkesbury Radio Communications Cooperative Society Ltd, of 11 Fitzgerald Street, Windsor, NSW, 2756, the holder of community broadcasting service licence no. 5943 in the Windsor RA1 licence area in New South Wales (the Licensee), of directions under subsection 141(1) of the Broadcasting Services Act 1992 (the Act).
The ACMA is satisfied that the Licensee has breached, and is breaching the licence condition set out in sub-paragraph 9(2)(c)(i) of Schedule 2 to the Act (the licence condition), as found in ACMA Investigation Report No. 3079. The licence condition requires the Licensee to encourage members of the community that it serves to participate in the operations of the Licensee in providing the service.
The actions which the ACMA hereby directs the Licensee to take are directed toward ensuring that the Licensee does not breach, or is unlikely to breach, the licence condition in the future.
The directions given in this notice commence on the date the notice is given by the ACMA to the Licensee (the Commencement Date) and terminate on 3 October 2017, the expiry date of the current five-year licence period of broadcasting service licence no. 5943.
Directions to the Licensee
1. The Licensee must put to a meeting of its members by 4 January 2016 the draft amendments to its constitution that were submitted to the ACMA on 26 January 2015, which would, if passed:
a. set out the grounds on which an application for membership may be rejected by the Board of the Licensee;
b. require reasons to be given for rejecting an application for membership; and
c. provide that a person whose application for membership has been rejected can apply for reconsideration of the decision to the Board of the Licensee.
2. If the amendments referred to at paragraph 1 above are not adopted, the Licensee must, by 4 March 2016, develop and adopt a policy that:
a. sets out the grounds on which an application for membership may be rejected by the Board of the Licensee;
b. requires that reasons be given for rejecting an application for membership; and
c. provides that a person whose application for membership has been rejected can apply for reconsideration of the decision to the Board of the Licensee.
3. The Licensee must not propose amendments to its constitution, or otherwise adopt a policy which would have the effect of making a person ineligible for membership on the basis that the Licensee expects the person will not be a sufficiently active member unless:
a. the person has been a member for at least 12 months; and
b. during that time the person has not offered to participate in the operations or activities of the Licensee.
4. If the Licensee’s constitution is amended as contemplated in paragraph 1, the Licensee must provide a copy of the amended constitution, and the minutes of the meeting at which the amendments were adopted, to the ACMA by 4 February 2016. Alternatively, if the Licensee develops a policy as contemplated in paragraph 2, the Licensee must provide a copy of that policy, and the minutes of the meeting at which the policy was adopted, to the ACMA by 4 April 2016.
5. By 18 March 2016, the Licensee must provide to the ACMA copies of its written policies and procedures developed under Code 2 of the Community Radio Broadcasting Codes of Practice 2008.
6. The Licensee must develop a community consultation strategy and an accompanying structured engagement program to cover the remaining period of the current five-year licence period of broadcasting service licence no. 5943. The community consultation strategy must include details of the methods and processes for consultation with the general community within the Windsor RA1 licence area, to ensure that a broad cross-section of the general community are able to participate in the operations of the service provided by the Licensee. The structured engagement program must include details of the actions, timeframes, outputs and outcomes that the Licensee aims to achieve as a result of the implementation of its consultation strategy. The community consultation strategy and structured engagement program must commence within six months of the Commencement Date.
7. The Licensee must provide to the ACMA drafts of the two documents mentioned in paragraph 6 within two months of the Commencement Date and final versions of the two documents within four months of the Commencement Date.
8. The Licensee must implement the community consultation strategy and structured engagement program, and use the information obtained from them, to encourage members of the general community within the Windsor RA1 licence area to participate in the operations of the Licensee.
9. From 1 February 2016, the Licensee must maintain a register of each membership application, with the following details:
a. the name of the applicant;
b. the date the application was received;
c. whether the application was accepted or rejected;
d. the date of the decision to accept or reject the application;
e. the date the applicant was informed of the decision;
f. if the application was not accepted, the brief reason for that decision;
g. whether the person appealed the decision to reject their application for membership, and the date the appeal was received by the Licensee;
h. the result of any appeal of a decision to reject an application for membership, the date of the decision on the appeal, and the day it was communicated to the appellant.
10. From 1 March 2016, and every three calendar months thereafter, the Licensee must provide the ACMA with:
a. a copy of the register maintained as required by paragraph 9;
b. a list of its current members; and
c. a report of progress of the implementation of the community consultation strategy and structured engagement program referred to in paragraph 8.
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