{"id":"F2024L01161","name":"Special Broadcasting Service Corporation (Non-executive Director—Selection Criteria) Determination 2024","slug":"special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442578,"registerId":"F2024L01161-fast-fetch-1775957555398","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Special Broadcasting Service 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\nSpecial Broadcasting Service 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 the Chairperson and non-executive Directors\n\nSchedule 1—Repeals\n\n \n\n \n\n1  Name\n\n  This instrument is the Special Broadcasting Service 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 43A(1) of the Special Broadcasting Service Act 1991.\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.       non-executive Director.\n\n\n  In this instrument:\n\nAct means the Special Broadcasting Service Act 1991.\n\nCharter means the Charter of the SBS described in subsection 6(3) of the Act.\n\nSBS means the Special Broadcasting Service Corporation.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6 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 the Chairperson and non-executive Directors\n\nNote: The position referred to in paragraph 8(aa) of the Act is the position of the Chairperson. The position referred to in paragraph 8(b) of Act is the position of other non-executive Director (and does not include the Managing Director).\n\n \n\n1.     For subsection 43A(1), the following selection criteria is determined for the appointment of a non-executive Director referred to in paragraph 8(aa) or (b) 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;\n    9.       industrial relations, including an understanding of interests of employees; and\n  2.        the person must possess:\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 multicultural society, including ethnic and Aboriginal and Torres Strait Islander communities; and\n    6.       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; and\n  3.        the person demonstrates a commitment to high standards of governance.\n\n\n\n\n\nSchedule 1—Repeals\n\nSpecial Broadcasting Service Corporation (Selection criteria for the appointment of non-executive Directors) Determination 2013\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2013 selection‑criteria determination (Schedule 1) and replaces it with the current, enumerated criteria (s6). The legal instrument therefore changes the governing text for non‑executive Director selection. The extent of substantive change in eligibility or selection practice cannot be determined from this instrument alone without a textual comparison to the repealed 2013 determination."},"complexity_factors":["Legal source is narrow and procedural: made under subsection 43A(1) of the Special Broadcasting Service Act 1991 (see 'Authority' s3), so scope is limited to selection criteria rather than broader governance rules.","Criteria combine objective categories (listed fields of experience in s6(1)(1)) with subjective attributes (e.g. 'high‑level judgement', 'highest standards of professional and personal integrity' in s6(1)(2)(1),(4)), creating interpretive discretion for selectors.","Broad, cross‑sector experience list increases candidate pool but raises ambiguity about weighting and comparability across different fields (s6(1)(1)(a)–(i)).","Dependence on external texts and definitions (references to the Act and the SBS Charter in s4) requires cross‑referencing other instruments to interpret terms and duties.","Administrative effect of repealing the 2013 determination (Schedule 1) creates a transitional/implementation step for decision‑makers.","Practical application vests evaluative judgement in the appointing process (selection/Ministerial decision‑making implied by framework and authority), increasing reliance on administrative discretion."],"plain_english_summary":"This determination prescribes the selection criteria for the SBS Chair and other non‑executive directors. It sets required professional backgrounds (media, broadcasting and digital media; digital technologies; business/financial management; creative arts; educational content; corporate governance; cultural policy; industrial relations) and required attributes (leadership, financial literacy, high‑level judgement, integrity, and the ability to represent Australia’s multicultural and Aboriginal and Torres Strait Islander communication needs). It repeals the 2013 determination. It affects prospective candidates and the appointing authority by defining who is eligible and how suitability will be judged."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: setting selection criteria for SBS board appointments. The 2024 update expands the specific fields of expertise listed (adding digital technologies, creative arts, educational content, cultural policy, and industrial relations) compared to the 2013 version, but this represents modernisation rather than scope creep. The core function remains unchanged."},"complexity_factors":["Very short instrument (approximately 2 pages)","Only 4 defined terms, all straightforward (Act, Charter, SBS, non-executive Director)","Single operative provision (section 6) with simple list structure","No cross-references beyond basic citations to the parent Act","No conditional logic, exceptions, or nested provisions","Clear repeal of single previous instrument in Schedule 1"],"plain_english_summary":"This instrument updates the selection criteria for non‑executive directors and the Chair of SBS, replacing a 2013 determination and specifying relevant professional backgrounds (media, digital, finance, arts, governance, industrial relations) and required personal qualities such as leadership, financial literacy, integrity and understanding of Australia’s multicultural and Indigenous communities. \n\nIt affects board applicants, appointing ministers and SBS governance, ensuring appointees are qualified to steward a multilingual public broadcaster in a modern media environment."}},"importantCases":[],"_links":{"self":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202","history":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202/history","analysis":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202/analysis","conflicts":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202/conflicts","importantCases":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202/important-cases","documents":"/api/acts/special-broadcasting-service-corporation-non-executive-director-selection-criteria-determination-202/documents"}}