Harbour Radio Pty Ltd v Australian Communications and Media Authority [2010] FCA 478

Harbour Radio Pty Ltd v Australian Communications and Media Authority [2010] FCA 478

Mr Kalfa's letter to Harbour Radio did not assert that, in his opinion, Harbour Radio had breached the Commercial Radio Codes. Because clause 5.2 of Code of Practice 5 required such an assertion, the complaint was not made in accordance with the relevant code of practice. Section 148(b) of the Broadcasting Services Act 1992 (Cth) was therefore not satisfied, ACMA was not obliged under s 149 to investigate the complaint made to it, and the delegate's contrary decision involved legal error and was contrary to law under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

Jurisdiction
Australia
Judgment Date
17 May 2010
Procedural Posture
Application Under the Administrative Decisions (judicial Review) Act 1977 (cth) Challenging Acma's Decision to Investigate a Complaint Under the Broadcasting Services Act 1992 (cth) / Final Judgment and Orders
Outcome
Application succeeded; ACMA's decision to investigate the complaint was set aside and costs were ordered in favour of Harbour Radio.
Legal Topics
['broadcasting Codes of Practice' 'complaints About Program Content or Compliance With Codes of Practice' 'acma Obligation to Investigate Complaints' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'extension of Time']
['administrative Law' 'broadcasting Law'] ['broadcasting Codes of Practice' 'complaints About Program Content or Compliance With Codes of Practice' 'acma Obligation to Investigate Complaints' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'extension of Time']

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Procedural Posture

Application Under the Administrative Decisions (judicial Review) Act 1977 (cth) Challenging Acma's Decision to Investigate a Complaint Under the Broadcasting Services Act 1992 (cth) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the complaint made to Harbour Radio was made in accordance with Code of Practice 5 of the Commercial Radio Australia Codes of Practice and Guidelines.' "Whether clause 5.2 required an assertion that, in the complainant's opinion, the broadcaster had breached the Commercial Radio Codes." 'Whether s 148(b) of the Broadcasting Services Act 1992 (Cth) was satisfied so as to permit a complaint to ACMA and oblige ACMA under s 149 to investigate.' "Whether ACMA's decision to investigate was affected by legal or jurisdictional error under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth)."]

Ratio Decidendi

Mr Kalfa's letter to Harbour Radio did not assert that, in his opinion, Harbour Radio had breached the Commercial Radio Codes. Because clause 5.2 of Code of Practice 5 required such an assertion, the complaint was not made in accordance with the relevant code of practice. Section 148(b) of the Broadcasting Services Act 1992 (Cth) was therefore not satisfied, ACMA was not obliged under s 149 to investigate the complaint made to it, and the delegate's contrary decision involved legal error and was contrary to law under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

Court Disposition

Application succeeded; ACMA's decision to investigate the complaint was set aside and costs were ordered in favour of Harbour Radio.

Orders

  • ['Time is extended pursuant to s 11 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to permit the filing of the application on 24 February 2010.' 'The decision of a delegate of the respondent, communicated to the applicant by letter dated 1 December 2009, to investigate a complaint made to the...