Whether it be from a Tom and Jerry cartoon, or perhaps Itchy and Scratchy, most of us can remember a scene where one of these cheeky cartoon characters manages to pull a lever on a control box, and switch the gauge on a railway track, sending a train hurtling in a different direction, thereby achieving devious and disastrous results.

On May 28, Communications Minister Richard Alston wrote to ABC Managing Director Russell 'Itchy' Balding, seeking an urgent investigation into 68 alleged instances of the ABC either failing to be impartial, or gratuitously adding personal opinions to an obviously controversial news item - the unfolding Iraq war.

'Itchy' Balding quickly adjusted a lever on the control box and successfully shifted Alston's requested internal investigation down a track to the listeners' complaint queue. He was duly sent crashing into ABC staff member and Complaints Review Executive, Murray Green. Treating the Minister as you would an average ABC listener, is certainly an interesting way for Balding to deal with a man responsible for a portfolio that includes national broadcasting within Australia.

A recent report by the Australian National Audit Office has made it clear that while the ABC is provided with considerable independence of action, 'it is . . . accountable to Parliament through the Minister for Communications and Information Technology, consistently with the operation of those conventions of responsible government.' In his Complaints Review Executive determination of July 21, Green discussed the relationship of the Minister to the Corporation, yet he pointedly omitted this critical principle.

Further, when Green cited extracts from the High Court in Langes case, I believe he either deliberately chose to omit, or completely missed, a very relevant passage applying to statutory authorities such as the ABC. '[T]he conduct of the executive branch [of government] is not confined to ministers and the public service. It includes the affairs of statutory authorities . . . which are obliged to report to the legislature or to a minister who is responsible to the legislature.' In other words, the ABC is effectively part of the executive branch of government. While the ABC, unlike most other statutory authorities, is not subject to direction by the Government of the Commonwealth, when it comes to the conventions of responsible government or its accountability processes, the ABC ultimately looks to the Minister. For instance, policy advice provided by the Minister, is directly contemplated within the express terms of subsection 8 (2) of the ABC Act. And consistent with similar principles in Britain, the BBC governors formally meet twice a year with the Secretary of State for Culture Media and Sport.

Rather than including in his determination the extract from Langes Case that clarifies that the ABC is part of the executive branch of government - as did the Australian National Audit Office - Green preferred to put forward his own subjective opinion on the matter. As he put it,'[t]here is nothing in the legislation that would curtail a Minister from expressing a view about the ABC but there is legislative sensitivity about the Corporation's independence from Government.' Personally I'd prefer to side with the opinions of Brennan CJ, Dawson, Toohey, Gaudron, Mc Hugh, Gummow, Kirby JJ and the Australian National Audit Office on that one.

On July 25, when the frequently astonished Alston was considering his position on Green's determination, he soon discovered that 'Itchy' Balding had been at the control box again. This time, Balding attempted to send the minister's now unsuccessful request careering down a different track - hopefully one that would see it crash into a review panel selected by the ABC Board. Whether Alston has the presence of mind to slam on the brakes and avert certain disaster is anyone's guess? Even if he does get his foot down quickly, there's no guarantee that 'Itchy' Balding hasn't been at work down there too.

If you're unsure as to whether Balding has been successful with these lever-pulling and track-switching manouveres, consider the following facts. When Alston first lodged his request for a special investigation, he was plainly focused on governance issues, having noticed 'a distinct lack of monitoring and oversight' at the ABC. He suggested an independent authority to oversee the broadcaster's compliance with its charter obligations - including balanced reporting. He also wanted the Corporation to lodge a separate annual report to parliament explaining how it is dealing with the impartiality requirement within the ABC Act. Now, after 'Itchy' Balding has sprung into action, the Minister seems to be calling for a change to the ABC 's complaints handling procedures. You've got to hand it to 'Itchy'.

These views are solely the opinions of the writer, regardless of how close to the truth they maybe.







© John Cavanagh 2003

Article posted to this site on the 17 August 2003 by John Cavanagh.

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