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ABC reforms complaints process
Media release from the ABC
From: ABC Strategy & Communications
To: MEDIARELEASES@YOUR.ABC.NET.AU
Sent: Thursday, May 05, 2005 4:22 PM
Subject: Media Release - ABC Reforms its Independent Complaints Review
Panel
Media Release 2005
May 5, 2005
ABC REFORMS ITS INDEPENDENT COMPLAINTS REVIEW PANEL
The ABC Board has approved a number of reforms in relation to the
appointment processes and
administrative procedures of the Independent Complaints Review Panel (ICRP)
to strengthen the
panel's role as an independent body and to make its administrative
functions more efficient.
The ABC Board established the ICRP in 1991 to facilitate the independent
review of complaints at no
cost to the complainant. The ICRP will accept complaints once ABC Audience
and Consumer Affairs
have reviewed them.
Procedural improvements to the ICRP include:
Appointment process: The Board invited two independent bodies - the St
James Ethics Centre and the
Communications Law Centre, to nominate qualified persons for the Board to
consider as potential
panellists. The Board has chosen a panellist from each nominating
organisation and has added a third
panellist (the convenor of the ICRP) of its own choosing. In the past, the
ABC Board chose ICRP
members without input from other sources.
Factual inaccuracy: In addition to its current brief of reviewing
complaints about serious bias,
lack of balance or unfair treatment, the reformed ICRP will now also review
written complaints
alleging serious and specific cases of factual inaccuracy.
Online: The ICRP's review role will now explicitly include material
published on ABC Online as well
as material broadcast on Radio or Television.
Legal: Complainants will now no longer be required to sign a waiver
forgoing the right to pursue
legal remedies prior to the ICRP accepting a complaint for
review.
Procedural fairness:
* The ICRP will provide reasons to complainants when it decides not to
accept a matter for review.
* The ICRP will notify the ABC and invite it to provide written
submissions, along with relevant
program material on cases it accepts. The Panel will interact with ABC
Audience and Consumer
Affairs.
* There will be a 'preliminary' stage of the investigation process where
the ICRP will inform the
ABC of its decision and invite further submission of further relevant
information. At the Panel's
discretion, this opportunity will also be extended to the
complainant.
* A 60-day time limit will be established for the Panel to complete
investigations of individual
matters in normal circumstances.
"As I foreshadowed to Senate Estimates committee hearings on a number of
occasions, the ABC is in a
continual process of seeking to improve, where necessary, its corporate
governance procedures. That
includes complaints handling," Managing Director, Russell Balding said
today.
"The reforms to the appointment process of the ICRP will remove any notion
that the body is not at
arms-length from the ABC.
"I have long held the view that the ABC has the best and fairest complaints
handling procedures of
any media organisation in Australia. These reforms simply strengthen those
procedures," Mr Balding
said.
Dr Simon Longstaff, Executive Director of the St James Ethics Centre said,
"it is of critical
importance that all sectors of the Australian community have confidence in
the integrity of the ABC
and its complaint handling process.
"In making these new appointments and in reforming the overall process, the
Board of the ABC has
demonstrated its own clear accountability, ultimately owed to the people of
Australia, to ensure
that an expert and disinterested panel can assess and help to resolve
complaints and in doing so,
maintain and strengthen the quality of ABC programming - in all its diverse
forms."
Dr Derek Wilding, Director of the Communications Law Centre UNSW said, "the
overhaul of the
Independent Complaints Review Panel demonstrates a commitment by the ABC to
provide a genuine,
independent means of addressing the most serious complaints.
"The Communications Law Centre has participated in both the review of the
process itself and the
appointment of the panel. We are satisfied that the new ICRP will provide
an effective mechanism
for review of complaints relating to serious bias, lack of balance or
unfair treatment, and serious
and specific cases of factual inaccuracy.
"The ICRP will be an independent source of review, standing between initial
complaints to the
broadcaster and those matters ultimately addressed by the Australian
Broadcasting Authority, (soon
to become the Australian Communications and Media Authority)."
Three new panellists effective from 1 June 2005 will replace the current
panel of five:
The Honourable Michael L. Foster QC (Convenor): Former Acting Judge and
Judge of Appeal Supreme
Court NSW (1999-2003), Judge Federal Court of Australia (1987-99), Judge
Supreme Court of NSW
(1981-87). Appointed by the ABC Board for a five-year term.
Ms Susan Brooks: Extensive experience in managing regulatory risks and
consumer issues from within
executive government, statutory administrative bodies (Australian
Broadcasting Tribunal and
Australian Securities Commission) and financial services sector (Chief
Compliance Officer, Westpac
and the Australian Banking Industry Ombudsman). Nominated by the St James
Ethics Centre and
appointed for a four-year term.
Ms Jane Singleton: a long and distinguished career in broadcasting
including work for public
broadcasters and the commercial media in Australia (2GB, ABC and SBS). Ms
Singleton has worked as a
public affairs strategist, has been a Walkley award judge and is currently
Chair of the aid
organisation, CCF Australia. Nominated by the Communications Law Centre
and appointed for a
three-year term.
Current ICRP Panellists (and their original appointment dates):
Ted Thomas (Convenor) 13 May 1991
Margaret Jones 13 May 1992
Prof. Michael Chesterman 13 May 1991
Stepan Kerkyasharian 25 Jan 1994
Bob
Johnson
1 June 1996
Mr Balding thanked the current ICRP members for their exemplary service and
wished them well after
their long and distinguished service.
"The current ICRP has been instrumental in bringing a high level of
governance to ABC complaints.
While ABC Board appointed, the Panel acted with rigorous independence. It
is a pioneering body
years ahead of its time. The outgoing panellists have done an exemplary
job and discharged their
duties in a professional way," Mr Balding said.
Contact:
Sandy Culkoff
02 8333 5155
0438 292 369
Corporate Media Liaison
For more information: