Australian Broadcasting Corporation Act 1983

The Nomination Panel has the following functions:

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

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);

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

to give a written report:

if the appointment is of the Chairperson—to the Prime Minister and the Minister; or

if the appointment is not of the Chairperson—to the Minister;

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

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

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:

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

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

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

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

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:

on the Department’s website; and

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

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

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

an appointment of the Chairperson;

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

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

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

If:

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

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);

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

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:

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

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.