Commonwealth Consolidated Acts

AUSTRALIAN BROADCASTING CORPORATION ACT 1983 - SECT 24B

  (1)   The Nomination Panel has the following functions:

  (a)   to conduct a selection process for each appointment of a Director referred to in paragraph   12(1)(b) or (c);

  (b)   to assess all applicants for the appointment against the selection criteria determined under subsection   24W(1) and any additional selection criteria notified under subsection   24W(2);

  (c)   to assess all applicants for the appointment on the basis of merit;

  (d)   to give a written report:

  (i)   if the appointment is of the Chairperson--to the Prime Minister and the Minister; or

  (ii)   if the appointment is not of the Chairperson--to the Minister;

    on the outcome of the selection process that contains a list of at least 3 candidates who are nominated for the appointment and a comparative assessment of those candidates;

  (e)   other functions that are conferred on it by, or under, this Act;

  (f)   other functions that are conferred on it by, or under, the Special Broadcasting Service Act 1991 .

  (2)   For the purposes of paragraph   (1)(c), the assessment of applicants for appointment as a Director referred to in paragraph   12(1)(b) or (c) is based on merit if:

  (a)   an assessment is made of the comparative suitability of the applicants for the duties of that Director, using a competitive selection process; and

  (b)   the assessment is based on the relationship between the applicants' experience, skills and competencies and the experience, skills and competencies genuinely required for the duties of that Director; and

  (c)   the assessment focuses on the capability of the applicants to achieve outcomes related to the duties of that Director; and

  (d)   the assessment is the primary consideration in nominating the candidates for that appointment.

Advertising appointments

  (3)   The Nomination Panel must invite written applications by persons seeking to be appointed as a Director referred to in paragraph   12(1)(b) or (c) by advertisements published:

  (a)   on the Department's website; and

  (b)   in one or more other forms that are readily accessible by potential applicants.

Example:   Publication in a form mentioned in paragraph   (b) could be publication on a website other than the Department's website.

One selection process for 2 or more appointments

  (4)   The Nomination Panel may conduct one selection process for 2 or more of the following appointments (including any combination of them):

  (a)   an appointment of the Chairperson;

  (b)   an appointment of a Director referred to in paragraph   12(1)(c);

  (c)   an appointment of the Chairperson under the Special Broadcasting Service Act 1991 ;

  (d)   an appointment of a non - executive Director referred to in paragraph   8(b) of the Special Broadcasting Service Act 1991 .

Selection process creates another appointment

  (5)   If:

  (a)   under subsection   (3), the Nomination Panel invites applications by persons seeking to be appointed as Chairperson (whether or not it also invites applications by persons seeking to be appointed as a Director referred to in paragraph   12(1)(c)); and

  (b)   as a result of the selection process, a Director referred to in paragraph   12(1)(c) is appointed as the Chairperson (allowing another appointment (the new appointment ) of a Director referred to in that paragraph to be made);

then:

  (c)   the Panel is not required to conduct another selection process for the new appointment; and

  (d)   if the Panel does not do so--paragraphs   (1)(b), (c) and (d) of this section apply in relation to the new appointment as if:

  (i)   the unsuccessful applicants (other than a Director referred to in paragraph   12(1)(c)) for the appointment as Chairperson were applicants for the new appointment; and

  (ii)   if the Panel also invited applications by persons seeking to be appointed as a Director referred to in paragraph   12(1)(c)--the unsuccessful applicants for the appointment were applicants for the new appointment.