IAMA / CBAA Dispute Resolution Initiative
Briefing information for IAMA Members:
Community Broadcasting in Australia
- Involves 350 long-term licensed community radio stations and 80 long-term licensed community TV stations across Australia. A further 42 digital TV and radio stations were launched in 2010.
- Community broadcasting has been around for 40 years.
- About 90% of stations are represented by CBAA (Community Broadcasting Association of Australia).
- About 4 million people listen to community radio each week.
- Community radio reaches more people than commercial radio (excluding ABC stations).
- Each station is run on a not-for-profit basis by its community.
- Each station is governed by a Board and has a station manager (not all are full-time paid employees, some are volunteers).
- The sector employs about 1,000 people but is largely volunteer drive with over 23,000 Australians contributing to operations and programming.
- The Australian Communications and Media Authority (ACMA) is the “regulator”, and regulates the sector under The Broadcasting Services Act (1992), including the registration of Codes of Practice for both radio and TV.
- Internal disputes within stations are significant:
- 50% of member enquires to the CBAA concern internal disputes as a core issue; and
- 90% of ACMA referrals to the CBAA involve an internal station dispute.
- How did this Initiative start?
- In Feb 2009, through the NSW Law Society and PILCH (NSW), the CBAA was introduced to IAMA as a potential “mediation” partner.
- CBAA wanted a Dispute Resolution Procedure written for internal disputes, and, a means of resolving disputes that could not otherwise be resolved by station resources.
- Paul Gibson together with the Mediation Sub-committee of the NSW Chapter established a relationship with CBAA and began the work that was needed to build this Initiative.
- An internal Dispute Resolution Procedure was written by Paul Gibson and adopted by CBAA.
- Paul Gibson attended the CBAA National Conference in Hobart in October 2010 as a pro-bono gesture, and:
- Launched the Dispute Resolution Procedure for handling internal disputes within stations,
- Spoke of the impending CBAA / IAMA Dispute Resolution Initiative, and
- Conducted an education session – “Resolving Conflicts – The Basics” (this session was very well attended and was rated the second best session of the Conference).
- Paul then drafted a Memorandum of Understanding (MOU) between CBAA and IAMA and negotiated its acceptance by the Board of CBAA. This MOU was subsequently accepted by the Council of IAMA.
- Other supporting procedural documents were also prepared, negotiated and accepted:
- An operating Protocol which governs the way in which services are provided by IAMA to CBAA; and
- A Request for Mediation Services Form (which sits on the CBAA website) for the members of CBAA to gain access to IAMA services in an orderly and systematic manner.
- The MOU was signed on Friday 25 February 2010 at the DRC by The Hon Michael Kirby AC CMG (immediate Past President) on behalf of IAMA and Mr Adrian Basso, the Chair of the Board of CBAA.
- This whole process took 12 months.
- What were IAMA’s interests in this Initiative?
- Members had been asking for some time for opportunities to practice their skills, particularly:
- If they were recently trained and NMAS accredited and were having difficulty obtaining paid work as “mediators”;
- If they were having difficulties meeting the NMAS re-accreditation requirements.
- Newly trained members had been asking for opportunities for co-mediation and mentoring.
- This initiative with CBAA provided a ready answer to meeting members’ needs and interests.
- What are the provisions of the MOU?
In summary:
- It is a national arrangement (with CBAA stations spread across Australia, in capital cities and regional locations).
- Provision of disputes resolution advice and services by NMAS accredited mediators.
- Three (3) hours of professional dispute resolution services (facilitation, conciliation or mediation) by NMAS accredited mediators;
- Further (unlimited) services negotiated between the station and the accredited mediator at a fixed fee of $250.00 per hour (incl. GST).
- Reasonable travel expenses reimbursed, but only with the express authority of a Station Manager.
- An understanding that any facilitation, conciliation or mediation will be:
- Confidential between the parties to the dispute resolution;
- Governed by IAMA’s Rule of Conduct;
- Subject to IAMA’s Complaint Handling Procedure (if necessary);
- Have the quality assured by involvement of NMAS accredited mediators only.
- The ability for CBAA to collect statistics on the number, type and location of disputes to inform their strategic planning.
- It is in place for 2 years, subject to a further 2 year option, and with mutual termination provisions.
- Additionally, while not part of the MOU, there is an understanding by IAMA that CBAA will provide pro-bono advertising and publicity for IAMA. The mechanism for this are to be worked out as opportunities present themselves, or as needs rise.
- What do interested members have to do, if they want to participate in this Initiative?
- Signify their interest to their Chapter Administrators (who will maintain a “list” of interested members);
- Check to ensure that their NMAS accreditation is current;
- Familiarise themselves with the Protocol (see separate document) and IAMA Rules of Conduct; and
CBAA is familiar with the Proforma Mediation Agreement (see separate document). Members are free to use this Agreement, or their own provided that it has no lesser provisions. New trained and accredited members may find the Proforma Mediation Agreement helpful in establishing appropriate documentation for their own mediations anyway.
Members can refer any questions which they may have about the IAMA / CBAA Dispute Resolution Initiative to Dr Paul Gibson on 02 9376 3003, or 0418 414 216.