Chapter 1 - Introduction
The ABC does not exist for the benefit of any single
individual, organisation or political party, but for all Australians, including
me. The very fact of its independence should be its strength.[1]
Terms of Reference
1.1
On 27 June 2001, the Senate referred the
following matter to the Environment, Communications, Information Technology and
the Arts References Committee for inquiry and report by 25 September 2001:
The development and implementation of options for methods
of appointment to the board of the Australian Broadcasting Corporation (ABC)
that would enhance public confidence in the independence and representativeness
of the ABC as the national broadcaster.
Conduct of the inquiry
Advertising the inquiry
1.2
The Committee advertised the inquiry in The
Sydney Morning Herald and The Age on 7 July and The Weekend
Australian on 7-8 July 2001, calling for written submissions to be lodged
by 9 August 2001. Details of the inquiry were also placed on the Committee’s
homepage on the Internet. In addition, letters were sent to organisations and
individuals with an interest in the inquiry.
Evidence to the inquiry
1.3
The Committee received and published 720 written
submissions, which are listed at Appendix 1.
1.4
A public hearing was held in Parliament House,
Canberra on Monday 20 August, taking evidence from five individuals and two
organisations. Witnesses are listed at Appendix 2. Copies of submissions or
the transcripts of evidence are available on request from the secretariat or
via the Committee’s homepage at:
https://www.aph.gov.au/senate_environment
1.5
The Committee wishes to thank all of the many
people who contributed to the inquiry by preparing written submissions and
appearing at the public hearing. The Committee has endeavoured to reflect all
of these views in the report, but with so many submissions direct attribution
has not always been possible.
Background
1.6
The Australian Broadcasting Corporation (the
‘ABC’) was established by the Australian Broadcasting Corporation Act (1983),
and its functions set out in sections 6 and 6A of the Act. The issue of how
appointments are made to the ABC Board is not new, and this inquiry draws on a
considerable amount of earlier work including three major inquiries, and a
Private Member’s bill.
1.7
First of these was the Committee of Review of
the Australian Broadcasting Commission,[2]
conducted by Alex Dix and others in 1981, which received 2,259 submissions from
individuals and organisations, and resulted in a five volume report.[3]
1.8
Second was the inquiry in 1997, by Bob Mansfield
titled The Challenge of a Better ABC. The Mansfield inquiry received
10,615 submissions and produced a two volume report.
1.9
While both inquiries had a broad focus, they
included discussion and recommendations covering the issue of the ABC’s independence.
‘Our ABC’ Report
1.10
In March 1995, the Senate Select Committee on
ABC Management and Operations, handed down its report Our ABC. Although
the Committee considered a range of issues in relation to the ABC, chapter 7 of
the report focused specifically on the ABC Board, including its composition,
duties and methods of appointment. Among other things, the Committee found
that:
The current ABC is required to make decisions with long-term
implications in a time of overwhelmingly rapid transformation of broadcasting
technology. The Board’s task may have been made more difficult by the fact
that many of its members have little specialist knowledge of either the
broadcasting industry or the new technologies. Without such expertise, it is
inevitable that a part-time board will be essentially reactive to senior
management suggestions and initiatives, and will have difficulty in setting a
vision other than in the most general terms, for the future direction of the
organisation. The Committee believes that the Board as a whole lacks the range
of depth of skills and experience which would be necessary to provide adequate
leadership for the ABC.[4]
1.11
Some of the recommendations of these committees
will be discussed in detail in the following chapters.
ABC Amendment Bill 1999
1.12
On 25 March 1999, Senator Vicki Bourne of the
Australian Democrats introduced the Australian Broadcasting Corporation
Amendment Bill 1999. The bill proposes the creation of a Joint Parliamentary
Committee on the ABC which would have the power, amongst other things, to
accept or reject the Minister for Communications’ recommendations for
appointment to the ABC Board. The details of the bill are discussed in greater
detail in Chapter 3.
The ABC Board
1.13
The Board of the ABC is created by section 7 of
the Act, with the membership detailed in section 12. There are three types of
Director:[5]
- the Managing Director, who is appointed by the Board for a period
of 5 years[6]
- the staff-elected Director;[7]
appointed for a period of 2 years,[8]
and
- not fewer than 5 nor more than 7 other Directors, appointed for a
period not exceeding 5 years by the Governor-General on the advice of the
Minister for Communications.[9]
1.14
The duties of the Board are set out in section
8:
- It is the
duty of the Board:
- to ensure
that the functions of the Corporation are performed efficiently and with the
maximum benefit to the people of Australia;
- to maintain
the independence and integrity of the Corporation;
- to ensure
that the gathering and presentation by the Corporation of news and information
is accurate and impartial according to the recognised standards of objective
journalism; and
- to ensure
that the Corporation does not contravene, or fail to comply with:
- any of
the provisions of this Act or any other Act that are applicable to the
Corporation; or
- any
directions given to, or requirements made in relation to, the Corporation under
any of those provisions; and
- to develop
codes of practice relating to:
- programming
matters; and
- if the
Corporation has the function of providing a datacasting service under section
6A – that service;
and to notify
those codes to the Australian Broadcasting Authority.
- If the
Minister at any time furnishes to the Board a statement of the policy of the
Commonwealth Government on any matter relating to broadcasting, or any matter
of administration, that is relevant to the performance of the functions of the
Corporation and requests the Board to consider that policy in the performance
of its functions, the Board shall ensure that consideration is given to that
policy.
- Nothing in
subsection (1) or (2) is to be taken to impose on the Board a duty that is
enforceable by proceedings in a court.
1.15
The Board has three further functions. First,
it is responsible for appointing the Managing Director.[10] Second, section 31D requires
the Board to notify the Minister where the Board considers matters have arisen
that may prevent or effect the achievement of the ABC’s objectives, strategies
and policies, or revenue. Third, the Board may make rules necessary to the
administration of the Act.[11]
1.16
The current board comprises:[12]
- Mr Donald McDonald, AO, Chairman of the Board, who was
reappointed for a second five year term on 6 July 2001;
- Mr Jonathan Shier, Managing Director;
- Mr Ian Henschke, staff-elected Director;
- Mr Michael Kroger;
- Professor Judith Sloan;
- Mr Ross McLean;
- Mr John Gallagher QC;
- Mrs Leith Boully; and
- Mr Maurice Newman.
Outline of the report
1.17
The report is structured around answering the
two central questions in the Senate Committee’s terms of reference: who
should be selected as a member of the ABC Board, and how should they be
appointed. Chapter 2 answers the first question by examining both the issue of
politicisation of the Board, and that of the skills and representative
qualities of appointees. Chapter 3 then answers the second question by
examining the process of appointment, broken down into the key stages of
defining the selection criteria; gaining nominations; assessing and
shortlisting candidates; and making the final decision.
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