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AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1991-92 Australian Broadcasting Tribunal Sydney 1992 ©Commonwealth of Australia ISSN 0728-8883 Design by Media and Public Relations Branch, Australian Broadcasting Tribunal. Printed in Australia by Pirie Printers Sales Pty Ltd, Fyshwick, A.CT. 11 Contents 1. MEMBERSIDP OF THE TRIBUNAL 1 2. THE YEAR IN REVIEW 7 3. POWERS AND FUNCTIONS OF THE TRIBUNAL 13 Responsible Minister 16 4. LICENSING 17 Number and Type of Licences on Issue 19 Grant of Limited Licences 20 Commercial Radio Licence Grant Inquiries 21 Supplementary Radio Grant Inquiries 23 Joined Supplementary /Independent Radio Grant Inquiries 24 Remote Licences 26 Public Radio Licence Grants 26 Renewal of Licences with Conditions or Licensee Undertaking 30 Revocation/Suspension/Conditions Inquiries 32 Allocation of Call Signs 37 5. OWNERSHIP AND CONTROL 39 Applications and Notices Received 41 Most Significant Inquiries 41 Unfinished Inquiries 47 Contraventions Amounting To Offences 49 Licence Transfers 49 Uncompleted Inquiries 50 Operation of Service by Other than Licensee 50 Registered Lender and Loan Interest Inquiries 50 6. PROGRAM AND ADVERTISING STANDARDS 51 Program and Advertising Standards 53 Australian Content 54 Compliance with Australian Content Television Standard 55 Children's Television Standards 55 Compliance with Children's Standards 58 Comments and Complaints 59 Broadcasting of Political Matter 60 Research 61 iii 7. PROGRAMS - PUBLIC INQUIRIES 63 Public Inquiries 65 Classification of Television Programs 65 Foreign Content In Television Advertisements 67 Advertising Time On Television 68 Film And Television Co-productions 70 Australian Documentary Programs 71 Cigarette Advertising During The 1990 Grand Prix 72 Test Market Provisions For Foreign Television Advertisements 72 Public Radio Sponsorship Announcements 73 Teenage Mutant Ninja Turtles 74 John Laws - Comments About Aborigines 75 Anti-Discrimination Standards 75 Accuracy & Fairness in Current Affairs 76 Religious Broadcasts 77 Review of Classification Children's Television Programs 78 8. INFORMATION AND ANALYSIS 79 Financial Data Bases 81 Financial Analyses 82 Fees for Licences for Commercial Radio and Television services 82 Commercial Radio 82 Commercial Television 84 Limited Licence Fees 86 Financial Results of Commercial Television and Commercial and Public Radio Services 86 Commercial Radio 87 Public Radio 88 Stations, Markets and Operations Databases 90 Annual Collection of Data 90 9. LEGISLATION 93 The Role and Powers of the Minister 95 Licensing 96 Ownership and Control 96 Programs 97 Inquiries 97 Assessment of Licence Fees 97 Amendments to the Act 98 Amendments to Regulations 99 lV 10. REVIEW OF TRIBUNAL DECISIONS 101 Judgements Delivered 103 Other Litigation 105 Current Litigation 106 Ombudsman 108 11. PUBLIC INFORMATION 109 Public Information 111 Publications 111 Marketing of Publications 113 Distribution 113 Public Relations 113 State Offices 113 Freedom of Information 115 Library 115 12. ORGANISATION AND STAFF OF THE TRIBUNAL 119 Human Resources 121 Changes in Membership and Senior Staff 122 Performance Pay 122 Equal Employment Opportunity 123 Occupational Health and Safety 123 Industrial Democracy 124 Staff Development and Training 124 Social Justice 125 Information Systems 128 Financial Management 128 Fraud Control 128 Claims and Losses 128 Internal Audit 128 Capital Works Management 129 Purchasing 129 External Scrutiny 129 Impact Monitoring 129 Public Duty and Private Interest Guidelines 129 Privacy Act 129 Financial Statement 130 v APPENDICES 131 A. Meetings Addressed by Tribunal Members 133 B. Meetings of the Tribunal 135 C. Public Inquiry Reports Published 137 D. News Releases Issued 144 E. Number and Nature of Complaints 1991-92 149 F. Report to the Tribunal by the Children's Program Committee 150 G. Programs Classified C OR C Australian Drama 152 H. Consultancy Services 155 I. Licence Grants and Renewal Reports Published 157 J. Share Transaction Reports Published 161 K. Freedom of Information Section 8 Statement 164 L. Index to Guidelines 181 M. Financial Statements 183 Index For inquiries about this Report, contact: Publications Officer Australian Broadcasting Tribunal 76 Berry Street North Sydney NSW 2060 Ph (02) 959 7811 Fax (02) 954 4328 VI Austral/an lflJ:1 P.O. BOX 1308, ~~Broadcasting NORTH SYDNEY N.S.W. 2060 TELEPHONE (02} 959 7811 ~Tribunal CHAIRMAN The Honourable, the Minister for Transport and Communications The Broadcasting Act 1942 was repealed with effect from 5 October 1992. At that time, work on the Australian Broadcasting Tribunal Annual Report for the period 1July1991 to 30 June 1992 was well advanced but not completed. In accordance with the general principle that Government agencies should be visible and accountable, I present the completed report. FACS/M/Lt= (02) 954 4328 TANDEM HOUSE, 76 BERRY ST., NORTH SYDNEY.•••••••••••••••• DX10528 NORTH SYDNEY vu Vlll CHAPTERl MEMBERSHIP OF THE TRIBUNAL 1 2 The membership of the Tribunal at 30 June 1992 was as follows: Peter Westerway B.Ec. (Hons.) (Chairman) Appointed from 4 October 1988 for a five year period, and appointed Acting Chairman of the Tribunal on 23June1990 and Chairman from 10 September 1991until30 June 1992. Mr Westerway was formerly First Assistant Secretary, Communications Technology Division, Department ofTransportand Communications. He also heldFirstAssistantSecretary positions with various Divisions of the then Departments of Communications and Post and Telecommunications. In addition, he has been a Commissioner with the Industries Assistance Commission, Managing Director of 2HD Newcastle and Director of Public Affairs, A1NSydney. Peter Webb (Vice Chairman) Appointed from 11May1992 for a five year period, or until the Tribunal is abolished by an Act of Parliament, Mr Webb has held several positions in theNewSouth Wales Attorney-General's Department. He was Deputy Secretary /Deputy Director-General between 1985and 1991 and Director General of the New South Wales Courts Services from 1989 to 1991. Mr Webb was a member of the New South Wales Legal Aid Commission from 1983 to 1991 and of the Law Foundation of New South Wales between 1982 and 1985. He was also a member of the Board of the Australian Commercial Disputes Centre between 1986 and 1992. He is legally qualified. Kim Wilson Appointed from 1 December 1987 for a period of five years, Mr Wilson previously practised as a lawyer in NSW and in Papua New Guinea. He was legal adviser to the leader of the Northern Territory Opposition, senior private secretary to the Federal Minister for Aboriginal Affairs and a judge of the Supreme Court and National Court of Papua New Guinea. He has been an Associate Commissioner of the Trade Practices Commission since September 1991 and a member of the Council of the National Film and Sound Archive since 1990. 3 Bruce Allen M.J. Appointed from 21 April 1988 for a period of five years, Mr Allen was formerly a television producer with the ABC, the BBC and more recently with the Canadian Broadcasting Corporation. He has been a policy and program analyst and a consultant to the public and private sectors, including the Canadian Department of Communications in Ottawa. He was a foundation director of Television Australia Satellite Systems Limited; a course director at the Australian Film, Television and Radio School; has taught the theory and practice of television production at Macquarie University and lectured in communications at Ottawa University. Suzanne Brooks B.Ec. Appointed from 1 August 1988 for a period of five years, Ms Brooks was formerly Head of the Office of Status of Women in the Department of the Prime Minister and Cabinet. In the mid 1980s she worked in money marketactivitiesand was a financial adviser to the Victorian Government. She is currently undertaking a Master of Law degree. Tim O'Keefe B.Com.(UNSW), ACA MrO'KeefewasappointedtotheTribunalinJuly1990foraperiodoffive years. He has had ten years experience in the broadcasting industry and before joining the Tribunal was Chief Executive of Wesgo Ltd and Chairman of all that listed company's licensee subsidiaries. He has also held corporate development and financial management positions with Wesgo, AWA Radio Network and 2DA Y FM Ltd and has served on the Federal Council of the Federation of Australian Radio Broadcasters. ASSOCIATE MEMBERS Brian Johns MA Brian Johns was appointed from 10 September 1991 until 17 September 1992 for the purpose of inquiries in general. Professor Johns is currently Deputy Chairman of the Trade Practices Commission and Emeritus Professor of Economics, University of Newcastle. He was formerly Foundation Directorof the Bureau oflndustry Economics and Professor of Economics at the University of Newcastle. Professor Johns has also held visiting academic appointmentsatthe UniversityofBritish Columbia, ANU, St Antony's College, Oxford and at the Massachusetts Institute of Technology. 4 David Haines Mr Haines was appointed on 21 April 1992 for the duration of the Program Classification Inquiry. He has been Deputy Chief Censor with the Office of Film and Literature Classification since 1988 and in that time has also served as Secretary to the Standing Committee of Censorship Ministers and as alternative Chairman, Steering Committee, Public Awareness Campaign. Mr Haines was Acting Deputy Chief Censor of the Film Censorship Board from 1986 to 1988 and a member of the Film Censorship Board from 1981to1986. Prior to that he was a co-writer and producer of children's television drama and