Updated
Justin Milne has bowed to pressure and resigned
as chairman of the ABC in the wake of allegations that he sought to
have senior journalists fired in response to political pressure.
His
departure just days after Michelle Guthrie was sacked as managing
director means there are now two vacancies at the top of the ABC. Here's
how they'll be filled.In the case of the next chairperson, that's a job for the Governor-General
But they only ever act on the advice of the prime minister.The Australian Broadcasting Corporation Act 1983 says the prime minister must be satisfied that whoever they nominate for the job is suitable due to their prior professional experience — for instance, in broadcasting, management or finance, et cetera.
A nomination panel — which isn't subject to direction from the Government, but whose members are appointed by the secretary of the Prime Minister's Department — is responsible for giving the prime minister a shortlist of candidates.
And there are a few people who can't get the job, including:
- people who have served as federal and state MPs and senators in the past 12 months
- people who have served as senior political staffers in the past 12 months
As well, the Governor-General is the only person who can fire whoever does get the job
Here's what the Australian Broadcasting Corporation Act 1983 says:"The Governor-General may remove a non-executive director from office for misbehaviour or physical or mental incapacity."The ABC's legislation gives some other grounds for removal — if the non-executive director becomes bankrupt, for instance, or if they miss three consecutive board meetings without approval.
Non-executive directors can also be removed under section 30 of the Public Governance, Performance and Accountability Act 2013, for contravening "general duties of officials".
These duties include the duty of care and diligence; the duty to act honestly and in good faith; and the duty to disclose interests.
Again, the Governor-General would only act on the advice of the prime minister.
As for the next managing director, they'll be appointed by the ABC Board
They'll be appointed to a five-year term, with the possibility of one additional term.The ABC Board isn't beholden to that five-year term though. As Michelle Guthrie revealed in a statement following her sacking, her contract with the ABC permitted the board to "terminate my appointment without cause and with immediate effect".
In the case of the chair, by contrast, the ABC Board can also ask him or her to step aside, as it did today, but it can't force them out.
Dr Bruce Baer Arnold from the University of Canberra's School of Law & Justice says in practice though, a no-confidence motion from a board makes the chair's position untenable.
Donald McDonald, who was the ABC's chairman between 1996 and 2006, also said the opinion of the board carries weight.
"A chairman would regard that as pretty heavy pressure, of course, if a board resolved that he should consider his position, or whatever, however they express it," he said.
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