Code 2 - Governance

This Code is from the Community Radio Broadcasting Codes of Practice (2025) and goes into effect on 1 July 2025. For information about the current Codes of Practice visit https://www.cbaa.org.au/community-broadcasting/codes-of-practice-current.

CODE

2.1 We must have in place, abide by, and regularly review key Governance documents including:

a) our constitution, or equivalent Governance document;

b) Governance policies.

2.2 We must ensure that the Governance documents listed at 2.1 and our annual reports, including annual financial statements are freely available (e.g., via our website, social media page, Australian Charities and Not-for-profits Commission’s website).

2.3 We will have training in place to ensure that workers are aware of their Code and legal obligations.

OTHER LEGISLATIVE MATTERS

We do not operate for profit or as part of a profit-making enterprise.
We may make a surplus, if it is only used to benefit or improve our broadcasting service.
Aside from broadcast regulation, there are other important legal requirements community broadcasters must follow, such as keeping a register of financial members.
If a community broadcaster is a charity registered with the Australian Charities and Not-for-profits Commission (ACNC), it must abide by their Governance Standards
Dependent on its organisation type, community broadcasters must abide by:
- State or territory Incorporated Association Legislation;
- Co-operatives National Law;
- The Corporations Act 2001;
- The Corporations (Aboriginal and Torres Strait Islander) Act 2006.

GUIDANCE NOTE FOR CODE 2.1

Policies and procedures help keep stations accountable to staff, volunteers, members and the community. They allow stations to set standards of conduct and behaviour that are in keeping with station values and community radio’s Guiding Principles. They help to guide decision making and streamline day-to-day operations. They ensure stations comply with the Community Radio Broadcasting Codes of Practice, licencing obligations and legal requirements. They also let people know where they can turn for help and assist stations to manage complaints and disputes.

Stations should review policies and procedures regularly to ensure they keep up to date with broadcast media best practice and regulatory requirements. Stations should establish a regular schedule for reviewing policies. The review cycle should be annual or at least every three years. It is a good idea to include policy review as a standing item on the agenda for board meetings to ensure that policies are updated whenever change is required.

Every station has a slightly different way of organising and naming their key policies and procedure, but it is important that stations have policies and procedures covering the topics in this list:

Corporate Governance Policy
Complaints and Disputes Policy
Community participation
Programming Policy
Volunteering Policy
Sponsorship Policy
Privacy Policy

Additional policies and procedures that stations are encouraged to adopt include:

Anti Discrimination Policy
Child Safety Policy (mandatory in Victoria for stations with volunteers or employees under 18)
Code of Conduct Community engagement Policy (participation/consultation)
Conflict of Interest Policy
Disability Access and Inclusion Policy
First Aid Policy
Email, Internet & Computer Access Policy
Emergency Broadcasting Policy
Membership Policy
Music Policy
Presenter Policy
Risk Management Policy
Social Media Policy
Sexual Harassment Policy
Workplace Bullying Policy
Workplace Drug & Alcohol Policy
WH&S Policy

GUIDANCE NOTE FOR CODE 2.2

Code 2.2 requires stations to make key Governance documents easy to access. The best way to comply with this Code is for stations to publish the policies on their website including:

Constitution, or equivalent Governance document
Annual report
Annual financial statements
Governance policies: stations have some discretion about how their governance policies are set out. At a minimum, policies published online should cover: corporate governance, membership (e.g. a Board or Committee Charter), internal conflict, complaints and disputes, community participation, programming, volunteering, sponsorship, privacy.

Making these documents freely available is important to ensure that stations are accountable and transparent.

If a station does not have a website, it is advisable that it works towards getting one. Meeting this requirement on a station’s social media page is difficult but it is possible. The station could host the documents on a file hosting website and post a link to its bio or it could copy and paste the text of the documents into a post on its feed. The station should do this on a regular basis and at least annually. To meet good governance standards this should be a temporary solution until the station has a website. It is also a good idea for stations to have hard copies of policies available at the front desk.

Stations that are charities registered with the ACNC must submit an annual information statement which includes details of a station operations and finances. The information which is published on the ACNC website on their Charity Register is a valid way to meet Code 2.2 publishing requirements, but note that all documents required by Code 2.2 are not required as part of ACNC reporting. It is best to also publish all documents on the station’s website.

GUIDANCE NOTE FOR CODE 2.3

The CBAA has prepared the Community Radio Broadcasting Codes of Practice (2025) eLearning course to help stations meet their Code 2.3 requirements.

Requiring that all staff and volunteers have completed the eLearning module will help to ensure that everyone at the station is aware of their Code and legal obligations. Those with particular duties at the station may need to have a deeper understanding of their Code and legal obligations in that area. For instance, community radio journalists should complete additional training on news and editorial standards, the Code 5 News and Journalistic Content Code, and their related legal obligations such as privacy law and defamation. Board members and station managers may require training on the provisions of the Code that relate to how the station operates.

Additional advice, training and support may be required for presenters who are broadcasting about serious geo-political events. This might include presenters of multilingual programs who in times of conflict and controversy may find themselves becoming a key source of news and information for their communities. It can be difficult to navigate the complexities of these situations and a good understanding of requirements for accuracy and not disseminating misinformation is very important. Under Code 2.3 it is expected that stations will have in place systems and processes for the identification of geo-political matters and the training of all impacted staff to ensure an understanding of their Code and legal requirements.

Training modules and guidance are available on the CBAA website at https://www.cbaa.org.au/community-broadcasting/codes