Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L01161 In force Legislative Instrument

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Explanatory Statement

Issued by the authority of the Minister for Communications

Special Broadcasting Service Act 1991

Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024

Authority

The Special Broadcasting Service Act 1991 (the SBS Act) establishes the Special Broadcasting Service Corporation (SBS) and its Board.

Subsection 43A(1) of the SBS Act requires the Minister to determine selection criteria for the appointment of the Chairperson or non-executive Directors to the SBS Board.

Part IIIA of the Australian Broadcasting Corporation Act 1983 (the ABC Act) establishes the Nomination Panel, whose role is to conduct a merit-based assessment of candidates for Chairperson and non-executive Director roles on the SBS Board and report to the Minister on the outcomes of these selection processes. Paragraph 43(1)(b) of the SBS Act provides that the Nomination Panel’s assessment is conducted against the selection criteria determined by the Minister.

The SBS Act does not impose any conditions that need to be satisfied before the power under subsection 43A(1) of the SBS Act. 

Purpose

The purpose of the 2024 Determination is to repeal and replace the Special Broadcasting Service Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013 (2013 Determination). The 2013 Determination is due to sunset on 1 April 2025.

The 2024 Determination largely replicates the 2013 Determination by prescribing generally applicable selection criteria to be used by the Nomination Panel in assessing the suitability of candidates for SBS Board appointments. The instrument includes minor updates to further align the selection criteria with the Charter of the SBS (in section 6 of the SBS Act), and to reflect the changing needs of the broadcaster. The language and structure of the instrument has also been updated to align with current drafting standards.

Summary

A key function of the Nomination Panel established under section 24A of the ABC Act is to assess all applicants for the appointment of a Chairperson and other non-executive Directors to the SBS Board against the selection criteria determined or notified in writing by the Minister under section 43A of the SBS Act.

The 2024 Determination identifies the knowledge, experience, skills and attributes that are desirable to be held by the Chairperson and non-executive Directors of the SBS Board. Candidates for SBS Board positions are to be assessed against these criteria by the Nomination Panel. The 2024 Determination also addresses the requirements set out under subsection 17(2) of the SBS Act in relation to a person’s suitability for appointment. The instrument is an integral element of the Nomination Panel process and supports appointments to the SBS Board that are transparent, consistent and based on merit.

The 2024 Determination does not apply to the Managing Director, who is appointed under section 28 of the SBS Act.

The 2024 Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to the default sunsetting requirements and disallowance. The 2024 Determination commences the day after it is registered in the Federal Register of Legislation.

Details of the instrument are set out in Attachment A.

Consultation

To support the introduction of 5-year funding terms for the Australian Broadcasting Corporation (ABC) and SBS, the government requested the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the department) review options to support the national broadcasters’ independence. The review sought views on a wide range of topics, including ABC and SBS board appointment processes and the 2013 Determination.

The department also conducted targeted consultation with the SBS, ABC and Nomination Panel from July-August 2024 to inform the final drafting of the 2024 Determination.

No Regulation Impact Analysis was required for the replacement instrument (reference number OIA24-07902).

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

 


Attachment A

Details of the Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024

 

Part 1—Preliminary

 

Section 1 – Name

 

Section 1 provides that the title of the instrument is the Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024.

 

Section 2 – Commencement

 

Section 2 provides for the whole of the instrument to commence on the day after it is registered on the Federal Register of Legislation.

 

Section 3– Authority

 

Section 3 provides that the instrument is made under subsection 43A(1) of the Special Broadcasting Service Act 1991 (the SBS Act).

 

Section 4– Definitions

 

Section 4 provides for the definition of 3 key terms and includes a note reminding readers that there are some terms (including ‘non-executive Director’) that are defined in the SBS Act.

 

Section 5 – Schedules

 

Section 5 provides that each instrument specified in the Schedule is amended or repealed as set out in the applicable item in the Schedule concerned, and that any other item in a Schedule to the instrument has effect according to its terms. There is only one Schedule, which repeals the Special Broadcasting Service Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013, which was due to sunset on 1 April 2025.

 

Section 6 – Selection criteria

 

Section 6 sets out the selection criteria determined by the Minister under subsection 43A(1) of the SBS Act to be used by the Nomination Panel to assess all applicants for the appointment of a non-executive Director (that is, the Chairperson and other non-executive Directors) under the merit-based appointment process established under Part IIIA of the ABC Act.

 

The selection criteria are intended to reflect the duties, skills and desirable attributes of non-executive Directors on the SBS Board and to address the requirements set out under subsection 17(2) of the SBS Act in relation to a person’s suitability for appointment.

Paragraph 6(1)(a) requires candidates to demonstrate substantial experience or knowledge in at least one of the following fields:

  • the media industry;
  • broadcasting and digital media;
  • digital technologies in any sector other than the media sector;
  • business or financial management;
  • creative arts;
  • educational content creation;
  • corporate governance, including managing large and/or complex operations in the private, public or not-for-profit sectors;
  • cultural industry and/or cultural policy, including its administration;
  • industrial relations, including an understanding of interests of employees.

The fields listed in paragraph 6(1)(a) reflect the operations of the SBS as a broadcaster and provider of digital media services. Amongst other things, under its Charter, the SBS is required to contribute to meeting the communication needs of Australia’s multicultural society, increase awareness of the contribution of cultural diversity to the development of Australian society, and promote understanding and acceptance of the cultural diversity of the Australian people.

The fields listed in paragraph 6(1)(a) should be read alongside the SBS’s functions under its Charter (see section 6 of the SBS Act), for example, ‘the media industry’ could include audio, video and screen production, and journalism.

The inclusion of ‘industrial relations, including an understanding of interests of employees’ reflects the requirement under paragraph 17(2)(c) of the SBS Act that at least one member of the SBS Board possess an appropriate understanding of the interests of employees. These persons are appointed to the SBS Board following consultation between the Minister and representatives of industrial organisations representing employees.

Paragraph 6(1)(b) sets out attributes that all candidates are expected to possess. These are:

  • demonstrated high-level leadership and vision, and the ability to articulate a clear direction for an organisation;
  • financial literacy;
  • high-level judgement;
  • the highest standards of professional and personal integrity; 
  • an understanding of, or the ability to credibly represent, the communication needs of Australia’s multicultural society, including ethnic and Aboriginal and Torres Strait Islander communities; and
  • an understanding of the media environment, in particular the role of the SBS as a multilingual and multicultural and Aboriginal and Torres Strait Islander broadcaster, its Charter and its place within the Australian community.

These attributes should be read in the context of SBS’s status as a large and complex organisation.

Paragraph 6(1)(c) of the Determination requires persons to demonstrate a commitment to high standards of governance. This reflects expectations that the board discharges its duties under section 8 of the SBS Act to ensure that the SBS operates in a manner that is among other things independent, impartial, and legal.


Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024

This legislative instrument is compatible with the human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Subsection 43A(1) of the Special Broadcasting Service Act 1991 (the SBS Act) requires the Minister to determine selection criteria for the appointment of the Chairperson or non-executive Directors to the SBS Board. The Special Broadcasting Service Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013 (2013 Determination) is due to sunset on 1 April 2025.

Part IIIA of the Australian Broadcasting Corporation Act 1983 (the ABC Act) establishes the Nomination Panel, whose role is to conduct a merit-based assessment of candidates for Chairperson and non-executive Director roles on the SBS Board and report to the Minister on the outcomes of these selection processes. Subsection 43(1)(b) of the SBS Act provides that the Nomination Panel’s assessment is conducted against the selection criteria determined by the Minister.

A key function of the Nomination Panel established under section 24A of the ABC Act is to assess all applicants for the appointment of a Chairperson and other non-executive Directors to the SBS Board against the selection criteria determined or notified in writing by the Minister under section 43A of the SBS Act.

The 2024 Determination identifies the knowledge, experience, skills and attributes that are desirable to be held by the Chairperson and non-executive Directors of the SBS Board. Candidates for SBS Board positions are to be assessed against these criteria by the Nomination Panel. The 2024 Determination also addresses the requirements set out under subsection 17(2) of the SBS Act in relation to a person’s suitability for appointment. The instrument is an integral element of the Nomination Panel process and supports appointments to the SBS Board that are transparent, consistent and based on merit.

The 2024 Determination does not apply to the Managing Director, who is appointed under section 28 of the SBS Act.

Human rights implications

This instrument engages the following rights:

  • The right to enjoy and benefit from culture
  • The right to freedom of opinion and expression
  • The right to take part in public affairs and elections

The right to enjoy and benefit from culture

Australia is a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR), one of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Article 15 of the ICESCR protects the right to enjoy and benefit from culture, including the right to take part in cultural life.

Similar protections for women, children and people with disabilities are found in Article 13 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEWAD), Articles 30 and 31 of the Convention on the Rights of the Child (CRC) and Article 30 of the Convention on the Rights of Persons with Disabilities (CRPD) respectively. Further, Article 5 of the Elimination of All Forms of Racial Discrimination (CERD) guarantees the right of everyone to equal participation in cultural activities without distinction as to race, colour, or national or ethnic origin.

By determining selection criteria for the appointment of a Chairperson or non-executive Directors (excluding the staff-elected Director) to the SBS Board, this determination positively engages the abovementioned Articles of the ICESCR, CEWAD, CRC, CRPD and CERD.

As a national broadcaster, the SBS plays an important role in Australian cultural life and this is reflected in its Charter (section 6 of the SBS Act refers). Under its Charter, the functions of the SBS include providing multilingual and multicultural broadcasting and digital media services that inform, educate and entertain all Australians, and, in doing so, reflect Australia’s multicultural society.

The selection criteria in this determination identify the skills and attributes desirable of a Chairperson or non-executive Directors on the SBS Board. These are intended to ensure that the Board is comprised of persons capable of performing the duties of the Board in accordance with the SBS Act. This includes ensuring that the functions of the SBS, as set out in its Charter, are performed efficiently and with the maximum benefit to Australian people (subsection 10 of the SBS Act refers).

In so doing, this determination enhances the ability of Australians to enjoy and benefit from culture, including their right to take part in Australia’s cultural life through the SBS’s services.

Right to freedom of opinion and expression

Article 19 of the International Covenant on Civil and Political Rights (ICCPR) protects the right to freedom of expression. The right includes the right to seek, receive, or impart information and ideas of all kinds, and the means of their dissemination. The right extends to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising.

Further protections for children and people with disabilities are found in Article 13 of the Convention on the Rights of the Child (CRC) and Article 21 of the Convention on the Rights of Persons with Disabilities (CRPD) respectively. Further, Article 21 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) guarantees the right of everyone to freedom of opinion and expression without distinction as to race, colour, or national or ethnic origin.

The United Nations Human Rights Committee has recognised the important role of the media to ensure freedom of expression in any society[1]. The Committee has stated that, as a means of protecting the right of media users to receive a wide range of information and ideas, State parties should take particular care to encourage an independent and diverse media. State parties should ensure that public broadcasting services, in particular, operate in an independent manner and they should guarantee their editorial freedom[2].

As a national broadcaster, the SBS is an important contributor to media diversity in Australia and is required under its Charter (section 6 of the SBS Act refers) to provide multilingual and multicultural broadcasting and digital media services that inform, educate and entertain all Australians. The SBS Board is required under section 10 of the SBS Act to ensure that the gathering and presentation of news and information by the SBS is accurate and impartial.

The effective operation of the SBS, empowered though a board consisting of suitably qualified and experienced persons, positively contributes to the right to freedom of opinion and expression by supporting an independent and diverse media landscape in Australia.

The right to take part in public affairs and elections

Article 25 of the ICCPR protects the rights of citizens to take part in the conduct of public affairs, directly or through freely chosen representatives.

This determination does not engage Article 25 of the ICCPR. The United Nations Human Rights Committee has stated that the conduct of public affairs relates to the exercise of legislative, executive and administrative powers by the constituent parts of government, and covers all aspects of public administration. That is, Article 25 addresses the right to participate in the conduct and exercise of political powers[3]. The role of a Chairperson or non-executive Director on the SBS Board does not involve the conduct of public affairs in this sense. Rather, the SBS is a body corporate established by the SBS Act for a public purpose. It is a separate legal entity from the government.

Conclusion

The instrument is compatible with human rights. To the extent that the measures in the 2024 Determination may limit the right to privacy, they are lawful and non-arbitrary. Additionally, any impacts are reasonable, necessary and proportionate.

[1] United Nations Human Rights Committee, General Comment No. 34, paragraph 13

[2] United Nations Human Rights Committee, General Comment No. 34, paragraphs 14 and 16

[3] United Nations Human Rights Committee, General Comment No. 25, paragraph 5

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.