{"id":"F2024L01158","name":"Australian Broadcasting Corporation (Non-executive Director—Selection Criteria) Determination 2024","slug":"australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442575,"registerId":"F2024L01158-fast-fetch-1775957545899","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Broadcasting Corporation (Non-executive Director—Selection Criteria) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Broadcasting Corporation (Non-executive Director—Selection Criteria) Determination 2024\n\nI, Michelle Rowland, Minister for Communications, make the following determination.\n\nDated 12 September 2024\n\n \n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Selection criteria for certain kinds of non-executive Directors\n\nSchedule 1—Repeals\n\n \n\n \n\n1  Name\n\n  This instrument is the Australian Broadcasting Corporation (Non-executive Director—Selection Criteria) Determination 2024.\n\n2  Commencement\n\n  This instrument commences on the day after the instrument is registered.\n\n3  Authority\n\n  This instrument is made under subsection 24W(1) of the Australian Broadcasting Corporation Act 1983.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:\n\n1.       Director\n2.      non-executive Director.\n\n\n  In this instrument:\n\nABC means the Australian Broadcasting Corporation.\n\nAct means the Australian Broadcasting Corporation Act 1983.\n\nCharter means the functions of the Australian Broadcasting Corporation specified in section 6 of the Act.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Selection criteria for certain kinds of non-executive Directors\n\nNote: The position referred to in paragraph 12(1)(b) of the Act is the position of Chair. The position referred to in paragraph 12(1)(c) of Act is the position of Director (but does not include the staff-elected Director or Managing Director).\n\n \n\n1.     For subsection 24W(1) of the Act, the following selection criteria is determined for the appointment of a Director of the Australian Broadcasting Corporation Board referred to in paragraph 12(1)(b) or (c) of the Act:\n  1.        the person must demonstrate substantial experience or knowledge in at least one of the following fields:\n    1.       the media industry;\n    2.       broadcasting and digital media;\n    3.       digital technologies in any sector other than the media sector;\n    4.       business or financial management;\n    5.       creative arts;\n    6.       educational content creation;\n    7.       corporate governance, including managing large and/or complex operations in the private, public or not-for-profit sectors;\n    8.       cultural industry and/or cultural policy, including its administration; and\n  2.        the person possesses all of the following attributes:\n    1.       demonstrated high-level leadership and vision, and the ability to articulate a clear direction for an organisation;\n    2.       financial literacy;\n    3.       high-level judgement;\n    4.       the highest standards of professional and personal integrity;\n    5.       an understanding of, or the ability to credibly represent, the communication needs of Australia’s diverse society; and\n    6.       an understanding of the media environment, in particular the ABC, the Charter and its place within the Australian community; and\n  3.        the person demonstrates a commitment to high standards of governance.\n\n\n \n\n\nSchedule 1—Repeals\n\nAustralian Broadcasting Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the Australian Broadcasting Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013 in full (Schedule 1). Under subsection 24W(1) (Authority—s3) it establishes a new, listed set of experience areas and attributes for Chair and other non-staff/non-managing Directors (s6), thereby altering the selection framework and the eligibility criteria that apply to future appointments."},"complexity_factors":["Statutory cross-references: instrument is made under subsection 24W(1) of the Australian Broadcasting Corporation Act 1983 (Authority—s3) and refers to positions in paragraph 12(1)(b)/(c) of the Act (note to s6), requiring readers to consult the Act for appointment powers and scope.","Definitions linkage: several terms are defined by reference to section 3 of the Act (Definitions—s4), so interpretation depends on statutory definitions rather than self-contained text.","Evaluative discretion: selection language uses subjective standards such as 'substantial experience', 'demonstrated high-level leadership', and 'highest standards of professional and personal integrity', creating discretionary assessment burdens for selectors (Selection criteria—s6).","Broad but specific criteria set: s6 lists multiple alternative fields of experience and a bundle of attributes to be met, requiring decision-makers to weigh diverse backgrounds against required attributes.","Repeal and transition: whole repeal of the 2013 Determination (Schedule 1) creates a legal change that may require comparison of past and current eligibility for ongoing or pending appointments.","Minimal procedural detail: the instrument prescribes selection criteria but does not set appointment processes or evidence rules, leaving procedural implementation and burden of proof to the appointing authority under the Act (s6; s3).","Operational timing: commencement is tied to registration (s2), producing immediate effect once registered and limiting phased implementation options."],"plain_english_summary":"This instrument sets the selection criteria for appointing non-executive directors of the Australian Broadcasting Corporation, including the Chair and other non‑staff/non‑managing directors. It lists required areas of experience and personal attributes and takes effect the day after registration.\n\nIt repeals the 2013 selection-criteria determination. It matters because it defines the skills and evidence selectors must seek when filling ABC board vacancies, shaping appointment decisions and the information applicants must supply."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: setting selection criteria for ABC non-executive directors. It directly replaces the 2013 determination without expanding into new areas of governance or operational control."},"complexity_factors":["Very short instrument (approximately 1.5 pages of substantive content)","Only 2 defined terms in section 4 (ABC and Act), with 2 additional terms referenced from the parent Act","Simple structure: definitions, one operative section with criteria, and a repeal schedule","No cross-references to other legislation beyond the parent ABC Act","No conditional logic, exceptions, or nested provisions — criteria are expressed as straightforward lists","Clear, readable drafting with plain language ('substantial experience', 'financial literacy')"],"plain_english_summary":"This updates the ABC Board appointment rules, replacing the 2013 determination with refreshed selection criteria requiring substantial experience in specified fields, certain personal attributes (leadership, judgment, integrity, knowledge of the ABC and its Charter) and a commitment to high governance standards.  \n\nIt affects anyone applying to be Chair or a non‑executive director, the ministers and panels who assess them, and ultimately the Australian public because it shapes who governs the national broadcaster."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024","history":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024/history","analysis":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024/analysis","conflicts":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024/conflicts","importantCases":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024/important-cases","documents":"/api/acts/australian-broadcasting-corporation-non-executive-director-selection-criteria-determination-2024/documents"}}