ITWire

The report makes no specific mention of the ACMA's roles in telecommunications regulation that are closely tied to policy - for example spectrum management, but it does refute the argument that independence is only appropriate for statutory bodies whose "major activities are commercial in nature" saying that "Such an assumption is questionable in relation to a regulatory authority in a sensitive area such as media and communications where a high degree of regulatory independence and even-handedness is important in a democracy for regulatory credibility and effectiveness."

The review proposes that the new communications regulator would be run by "a governing board that has collective responsibility for the performance of the organisation, including the management of resources. In other words, the regulator should be governed by a board that has full power to act within the constraints of the law."

It argues that a number of factors favour such a structure. "A high level of independence from ministerial direction, together with strong regulatory powers, increases the importance of independent oversight and scrutiny; a board comprising independent (that is, non-executive) directors can provide this kind of oversight and scrutiny [and] it will be easier to attract and retain qualified people from the private sector to serve on a board that has full power to act."

Further "The need in the communications and media sector for the regulator to be able to take decisive action quickly also weighs in favour of the governance model of a board with full power to act."

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