Media Release 31/01/06
In a letter dated 30 January 2006 the Minister of Internal Affairs, the Hon. Rick Barker, has replied to the Society’s questions regarding the positions of Deputy Chief Censor and Chief Censor, currently held respectively by Ms Nicola McCully and Mr Bill Hastings. The Minister’s answers to questions put by the Society’s secretary, on behalf of the executive committee, are highlighted below in bold.
Copy of Reply
Thankyou for your email of 9 January 2006 in which you request under the Official Information Act, answers to eight questions. I have responded to each of your questions below.
1. For how many years was Ms Nicola McCully appointed to the statutory position of Deputy Chief Censor of Film and Literature? (Note: The appointment was made by the Governor-General on 17 September 2002 at the recommendation of your colleague the former Minister of Internal Affairs, Hon. George Hawkins).
Ms McCully was appointed as Deputy Chief Censor for three years.
2. When did Ms McCully’s term of office expire according to the notice gazetted by the Minister of Internal Affairs following her appointment – the same notice given to her by the Governor-General?
Ms McCully’s term expired on 16 September 2005
3. Is Ms McCully’s position now vacant and if so, when and how did it become vacant?
The position of Deputy Chief Censor is not vacant as the former Minister of Internal Affairs [Hon. George Hawkins] requested that Ms McCully remain in this office until such time as an appointment process could be run to determine either her reappointment or the appointment of a successor.
4. Under what statute does Ms McCuly continue to hold office as Deputy Chief Censor?
Section 32 of the Crown Entities Act 2004 provides that a member of a statutory entity continues in office despite the expiry of his or her term of office until:
(a) the member is reappointed; or
(b) the member’s successor is appointed; or
(c) the appointor informs the member by written notice (with a copy to the entity) that the member is not to be reappointed and no successor is to be appointed at that time.
The Office of Film and Literature Classification is listed in Part 3 of Schedule 1 of the Act as an Independent Crown Entity to which the Act applies.
5. Section 82 of the Films, Videos, and Publications Classification Act 1993 – “Continuation in office after term expires” – was repealed on 25 January 2005.If Ms McCully’s term of office has expired then the office is now vacant. In view of the repealing of s. 82 of the principal Act, there is now no legal basis for recognising Ms McCully as Deputy Chief Censor. In view of these facts, why has the Minister not advertised the vacant position of Deputy Chief Censor since it became vacant on 17 September 2005?
Section 82 of the Films, Videos, and Publications Classification Act was repealed by section 200 of the Crown Entities Act 2004. Section 4(2) of the Crown Entities Act 2004 states that this Act applies to a Crown entity, and prevails over the entity’s Act, except to the extent that the entity’s Act expressly provides otherwise. In view of these facts Ms McCully’s position as Deputy Chief Censor remains legal until the occurrence of one of the events listed in section 32 of the Crown Entities Act.
6. When does the Minister anticipate gazetting the vacant position of Deputy Chief Censor?
A notice will be posted in the Gazette stating the outcome of the appointment process, following the conclusion of that process.
7. What are the Minister’s reasons for chosing not to reappoint Ms McCully but instead allowing her position to become vacant?
Ms McCully remains in office by virtue of her appointment, until such time as she is reappointed or a successor is appointed.
8. When does the statutory positon of the Chief Censor Bill Hastings become vacant?
The term of Bill Hastings as Chief Censor will expire on 19 October 2006.
Yours sincerely
Hon Rick Barker
MINISTER OF INTERNAL AFFAIRS
30 JAN 2006
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