"While the TIO memorandum and articles of association provide that the TIO will conduct a review of its operations every three years, in practice reviews of the TIO have not been regular or public. There is also a perception that these reviews were captured by the TIO board and appear somewhat impotent with the adoption of any findings or outcomes remaining subject to the views of the board.
"For example, the TIO board commissioned a review ahead of the department's discussion paper in late 2010. However, no public announcement was made about the review or its terms of reference and no opportunity was provided for public submissions."
Despite these suggestions that the TIO is failing to govern itself satisfactorily, the report sai that submissions to the discussion paper put out to initiate the review were not in favour of tighter Government control.
"Currently, the TIO constitution and memorandum and articles of association set out that the TIO board must consult with the federal ministers responsible for communications and consumer affairs policy before approving amendments to the TIO constitution, or before appointing the chairman of the council. This is the extent to which either the government or the ACMA are formally involved in major decisions regarding the operation of the TIO."