AnnuAl REPORT 2011-2012 - Sbs

oRGaNISaTIoN
Findings
During 2011–12 investigations into 219 formal
complaints were completed. the SbS Ombudsman
upheld 27 complaints and dismissed 127 complaints.
eighteen of these upholds related to complaints about
closed captioning. One complaint investigation was
suspended at the request of the complainant.
Sixty-four complaints were referred to the complaints
committee which is chaired by the Managing Director,
Michael ebeid, and comprises the Director of television
and Online content, the Director of Audio and Language
Services, the Director of News and current Affairs, the
Director of Strategy and communication and the SbS
Ombudsman.
the 63 complaints about the Promise were of a
similar nature and principally alleged a breach of SbS’s
prejudice, racism and discrimination code. the matter
was referred to the SbS complaints committee which did
not uphold the complaints. the complaints committee
found that the characterisations in the Promise did not
cross the threshold into racism, and in particular did not
promote, endorse, or reinforce inaccurate, demeaning or
discriminatory stereotypes. the committee was satisfied
that the ordinary reasonable viewer would appreciate that
the Promise was a fictional drama.
the complaints committee also met to consider the
classification of the film chiko. the film is a drama
about the drug underworld set in Hamburg and was
broadcast as an MAv classified film. MAv is the highest
classification level on free-to-air television. SbS had
also provided additional consumer advice of ‘strong
violence, drug use, very coarse language and a sex
scene’. the complaints committee dismissed a
complaint that the film was incorrectly classified. the
complainant subsequently appealed the decision to
the AcMA who also found there was no breach of the
SbS codes of Practice.
Overall the SbS Ombudsman upheld approximately
17 per cent of formal complaints which was consistent
with the previous year. the majority of these upheld
complaints related to a range of technical issues with
closed captioning which occurred during the transition
phase to a digital service.
60 SBS
Australian Communications and Media Authority
in 2011–12 the AcMA completed two investigations
which had continued from the previous two financial
years. in july 2011 the AcMA found that SbS had not
breached its complaints handling code by not exercising
its discretion to investigate a complaint which was
lodged out of time. in September 2011, the AcMA
found that SbS had breached code 4.5 (classification
categories) by placing an M level promotion in a PG
program that was broadcast in an M timeslot. the
AcMA found that SbS had breached the code because
effectively the PG program contained material that was
greater than mild in impact.
During 2011–12 the AcMA commenced seven new
investigations of SbS content. Six of these investigations
were completed during 2011–12 and five of the
complaints were dismissed. One complaint relating to the
classification of the film 13 tzameti was upheld by the
AcMA. this complaint had previously also been upheld
by the SbS Ombudsman. One AcMA investigation about
closed captioning of SbS programs is still in progress.
Matters required to be reported under
other legislation
Work Health and Safety Act 2011 (WHS Act)
Transition from the Occupational Health and Safety Act
1991 to WHS Act
SbS has transitioned from the Occupational Health and
Safety Act 1991 (OH&S Act) to the Work Health and
Safety Act 2011 (WHS Act) which came into effect on
1 january 2012.
SbS is committed to fostering a positive safety and
wellbeing culture, and to ensuring the health and safety
of all employees, freelancers, contractors at work, and
members of the public who may be affected by our work.
SbS engaged ernst & Young to conduct a WHS internal
audit. the audit concluded that SbS is in a strong
position in respect of its adherence to the WHS Act.
the audit noted that SbS had prepared for the changes
to the legislation by updating its WHS documentation
and providing training on the WHS Act to Health and
Safety committee Members, senior managers and the
executive committee.