by Ganesh Sahathevan
In handing down its findings into the Australia Post "Cartier watch" issue , law firm Maddocks, who were appointed by the Commonwealth Government stated:
As a Corporate Commonwealth Entity (CCE) that is prescribed as a Government Business Enterprise (GBE), Australia Post is subject to both its enabling legislation, the Australian Postal Corporation Act 1989 (APC Act), and the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and related legislation.........
These obligations of the Board recognise that Australia Post’s resources are not Australia Post’s, but “belong to the people of Australia”.
In its footnotes Maddock says the phrase “belong to the people of Australia” is found in Explanatory Memorandum, PGPA Bill, paragraph 99.
The Australian Broadcasting Corporation (ABC) is by its own admission subject to the Public Governance, Performance and Accountability Act 2013 (PGPA Act.
Consequently (even-though it is not a CCE)the ABC cannot run off on frolics of its own, chasing stories which are of no real interest to the Australian public; or pursue agendas which appeal to its staff.It is not a matter of editorial independence but rather a matter of managing resources that “belong to the people of Australia”.
TO BE READ WITH
Legislative framework
The ABC is a federal agency which works within the following legislative framework.
The ABC Act 1983
The Australian Broadcasting Corporation Act (1983) (ABC Act) is the instrument which established the ABC.
The ABC Charter
The ABC Charter is contained in s6 of the ABC Act. It outlines the ongoing functions and responsibilities of the ABC.
(1) The functions of the Corporation are:
(a) to provide within Australia innovative and comprehensive broadcasting services of a high standard as part of the Australian broadcasting system consisting of national, commercial and community sectors and, without limiting the generality of the foregoing, to provide:
(i) broadcasting programs that contribute to a sense of national identity and inform and entertain, and reflect the cultural diversity of, the Australian community; and
(ii) broadcasting programs of an educational nature;
(b) to transmit to countries outside Australia broadcasting programs of news, current affairs, entertainment and cultural enrichment that will:
(i) encourage awareness of Australia and an international understanding of Australian attitudes on world affairs; and
(ii) enable Australian citizens living or travelling outside Australia to obtain information about Australian affairs and Australian attitudes on world affairs; and
(ba) to provide digital media services; and
(c) to encourage and promote the musical, dramatic and other performing arts in Australia.
Note: See also section 31AA (Corporation or prescribed companies to be the only providers of Commonwealth‑funded international broadcasting services).
(2) In the provision by the Corporation of its broadcasting services within Australia:
(a) the Corporation shall take account of:
(i) the broadcasting services provided by the commercial and community sectors of the Australian broadcasting system;
(ii) the standards from time to time determined by the ACMA in respect of broadcasting services;
(iii) the responsibility of the Corporation as the provider of an independent national broadcasting service to provide a balance between broadcasting programs of wide appeal and specialized broadcasting programs;
(iv) the multicultural character of the Australian community; and
(v) in connection with the provision of broadcasting programs of an educational nature—the responsibilities of the States in relation to education; and
(b) the Corporation shall take all such measures, being measures consistent with the obligations of the Corporation under paragraph (a), as, in the opinion of the Board, will be conducive to the full development by the Corporation of suitable broadcasting programs.
(3) The functions of the Corporation under subsection (1) and the duties imposed on the Corporation under subsection (2) constitute the Charter of the Corporation.
(4) Nothing in this section shall be taken to impose on the Corporation a duty that is enforceable by proceedings in a court.
The Public Governance, Performance and Accountability Act 2013
The ABC is a corporate Commonwealth entity operating under Public Governance, Performance and Accountability Act 2013 (the PGPA Act). The PGPA Act sets the standards of governance, performance and accountability for all Commonwealth entities. It imposes specific duties on the ABC Board and Executive relating to things such as the preparation of financial statements, the way in which accounts are to be maintained, the disclosure of directors’ interests, and the preparation of annual reports. It also imposes general duties on all ABC employees to, amongst other things, act honestly, in good faith and for a proper purpose.
Freedom of Information Act 1982
Privacy Act 1988
The Privacy Act 1988 regulates how an individual’s personal information is handled. It covers:
- how personal information is collected
- how it is then used and disclosed
- it’s accuracy
- how it is kept and protected
- an individual’s general right to access their personal information.
The ABC must comply with the 13 Australian Privacy Principles (APPs) in the Privacy Act 1988.
Public Interest Disclosure Act 2013
The Public Interest Disclosure Act 2013 promotes the integrity and accountability of the Commonwealth public sector, including the ABC. It creates a framework for reporting suspected wrongdoing and ensuring the timely and effective investigation of reports. The Act provides protections for public officials making such reports.
Further information on the Public Interest Disclosure Act 2013 can be found on the website of the Commonwealth Ombudsman.
The ABC deals with public interest disclosures in accordance with the ABC’s PID procedures. If you are considering making a public interest disclosure, please refer to the PID procedures.
ABC Authorised Officers can be contacted in the following ways:
| Email: | Whistleblower.Hotline@abc.net.au |
| Phone: | 1800 895 213 |
| Mail: | Marked CONFIDENTIAL and sent to: The Authorised Officer Public Interest Disclosures c/of ABC Audit Level 14 700 Harris Street Ultimo NSW 2007 |
Employment-related legislation
As a Commonwealth authority employer, the ABC is also bound by the provisions of a number of statutes regulating employment and workplace matters.
- Equal Employment Opportunity (Commonwealth Authorities) Act 1987
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Australian Human Rights Commission Act 1986
- Disability Discrimination Act 1992
- Age Discrimination Act 2004
- Fair Work Act 2009
- Work Health and Safety Act 2011
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