2009–2010 Annual Report [PDF 2.8MB]

Transcription

Classification Board
Classification Review Board
Annual Reports 2009–2010
CLASSIFICATION BOARD +
CLASSIFICATION REVIEW BOARD
Annual Reports 2009–2010
CLASSIFICATION BOARD +
© Commonwealth of Australia 2010
ISSN 1327 - 6182
This work is copyright, apart from any use as permitted under the
Copyright Act 1968. No part may be reproduced without written
permission from the Commonwealth.
Requests and enquiries concerning reproduction and rights should
be addressed to the Commonwealth Copyright Administration,
Attorney-General’s Department, 3–5 National Circuit, Barton ACT 2600
or posted at http://www.ag.gov.au/cca
General enquiries about the Annual Report can be directed to:
Classifications Operations Branch
Attorney-General’s Department
Levels 5 and 6
23–33 Mary Street
SURRY HILLS NSW 2010
Postal Address:
Locked Bag 3
HAYMARKET NSW 1240
Telephone 02 9289 7100
Facsimile 02 9289 7101
Internet www.classification.gov.au
+
CONTENTS
01 Introduction and Overviews 
  1
++ Introduction2
++ Overview of the National Classification Scheme
3
Commonwealth
3
States and Territories
4
Other functions
4
++ Corporate Overview
6
Legislative governance structures
6
Administrative arrangements 7
Establishment and maintenance of appropriate ethical standards
8
Membership 9
Freedom of information 9
Categories of documents 9
FOI requests during 2009–10
10
Privacy
10
Judicial decisions 10
Decisions by administrative tribunals
10
Reports by the Auditor-General
10
Reports by parliamentary committees
10
Commonwealth Ombudsman
10
Classification Board + Classification Review Board ANNUAL REPORTS 2009–2010
III
02 Classification Board Annual Report 2009–2010 
  11
++ Director’s Letter of Transmittal
12
++ Director’s Overview
13
++ Classification Board Profiles
16
Members who left the Classification Board in 2009–10
20
Temporary Board members
23
++ Statistics25
Key achievements
25
Timeliness of decisions
26
Classification Board workload
27
Comparison with last year’s workload
28
Cost
28
28
Quality decision-making
Publications
29
Film – public exhibition
30
Film – not for public exhibition
30
Computer games 31
Other applications
32
Classification services for the public good 33
++ Decisions35
Publications
35
37
Films and computer games ++ Correspondence48
Complaints
48
General
50
51
Enquiries and other assistance
03 Classification Review Board Annual Report 2009–2010 
  53
++ Convenor’s Letter of Transmittal
54
++ Contents55
++ Introduction56
++ Convenor’s Overview
57
++ Classification Review Board Profiles
59
Members who left the Review Board in 2009–10
62
Legislative base
62
Decisions of the Review Board
62
Applications withdrawn 63
Attendance at Review Board meetings 63
Complaints
IV
64
04Appendices 
 65
++ Appendix One: Classification Board Statistics
66
++ Appendix Two: National Classification Code
72
National Classification Code
72
Publications
73
Films
74
75
Computer Games
++ Glossary76
++ Index81
Tables 
 
Table 01 Timeliness of decisions on commercial applications by application type
26
Table 02 Overdue applications by reason for delay
26
Table 03 Applications received by format/source
27
Table 04 Decisions by format/source
27
Table 05 Commercial (single issue) publications decisions by classification
29
Table 06 Commercial (single issue) publications applications refused classification by reason
29
Table 07 Serial publication declarations granted by classification
29
Table 08 Commercial films (public exhibition) decisions by classification
30
Table 09 Commercial film (not for public exhibition) decisions by classification
30
Table 10 Commercial film (not for public exhibition) applications refused classification by reason
30
Table 11 Commercial computer games decisions by classification
31
Table 12 Commercial computer games applications refused classification by reason
32
Table 13 Fee waiver applications granted
33
Table 14 Enforcement applications decisions by agency
34
Table 15 Internet content decisions by classification
34
Table 16 Internet content refused classification by reason
34
Table 17 Complaints
51
Table 18 Decisions of the Review Board
63
Table 19 Attendance at Review Board Meetings
64
Table 20 Composition of panels in 2009–10
64
66
67
68
68
Table 25 Commercial (single issue) publications decisions by classification
68
Table 26 Commercial (single issue) publications applications refused classification by reason
68
Table 27 Serial publication declarations by classification
69
Table 28 Commercial films (public exhibition) decisions by classification
69
Table 29 Commercial film (not for public exhibition) decisions by classification
69
Table 30 Commercial Film (not for public exhibition) applications refused classification by reason
69
V
Table 31 Commercial computer games decisions by classification
69
Table 32 Commercial computer games applications refused classification by reason
69
Table 33 Fee waivers granted
70
71
Table 35 Internet content decisions by classification
71
Table 36 Internet content refused classification by reason
71
Figures 

VI
Figure 01 Publication classification decisions
29
Figure 02 Serial publication classification decisions
29
Figure 03 Film – public exhibition classification decisions
30
Figure 04 Film – not for public exhibition (including ACA and ATSA)
31
Figure 05 Computer game classification decisions
31
INTRODUCTION AND OVERVIEWS
01 SECTION TITLE
01
1
+
INTRODUCTION
This report includes the reports of the Classification
Board and the Classification Review Board.
Information about the Classification Board and the
Classification Review Board is also available on the
classification website at www.classification.gov.au.
Guidelines on the classification of films, computer
games and publications, as well as the classification
database are on the website. A copy of this report,
as well as annual reports from previous years, is also
available on the website.
01 INTRODUCTION
The Classification Operations Branch of the
Attorney-General’s Department provides
administrative support to both the Classification
Further information about the Classification
Operations Branch is available in the
Attorney-General’s Department Annual Report
2009–10 or at www.ag.gov.au.
2
+
OVERVIEW OF THE NATIONAL
CLASSIFICATION SCHEME
Information about the Classification Board and the
Classification Review Board is also available on the
classification website at www.classification.gov.au.
Guidelines for the classification of films, computer
games and publications, as well as the classification
database are on the website. A copy of this report,
as well as annual reports from previous years, is also
available on the website.
Commonwealth
The Classification (Publications, Films
and Computer Games) Act 1995 (Cth)
The Classification Act establishes the Classification
The Classification Act requires that, in appointing
members of the Classification Board and the
Classification Review Board, regard is to be had to
the desirability of ensuring that membership of the
Boards is broadly representative of the Australian
community.
The Classification Act also sets out:
++ classification types
++ statutory requirements for applications for
classification
++ powers and functions of the Classification Board
and Classification Review Board
++ processes for industry assessment of certain material
++ provisions for the approval of advertisements for
certain products
++ statutory criteria for review of classification decisions
++ provisions pertaining to reclassification, and
++ provisions pertaining to prohibited material in
prescribed areas.
The Classification Act is available online at
www.comlaw.gov.au.
01 OVERVIEW OF THE NATIONAL CLASSIFICATION SCHEME
The National Classification Scheme is a cooperative
arrangement between the Commonwealth,
States and Territories. The Intergovernmental
Agreement on Censorship underpins the scheme.
The Commonwealth’s contribution to the scheme
includes the Classification (Publications, Films and
Computer Games) Act 1995 (Cth) (the Classification
Act). The Classification Act provides that the
Classification Board classifies films, computer games
and certain publications. The Act also establishes the
review mechanism, the Classification Review Board,
which, on application, reviews decisions made by
the Classification Board. The States and Territories
enforce classification decisions under their respective
classification enforcement legislation. There are also
some limited Commonwealth offence provisions in
the Classification Act which are part of the Northern
Territory Emergency Response.
3
Exemptions to show unclassified films
The Classification Board and the Classification Review
Board must make classification decisions in accordance
with the Classification Act, the National Classification
Code (the Code) and classification guidelines.
Under State and Territory enforcement legislation,
an organisation may make an application to show
an unclassified film at a film festival or a special event.
Exemptions are granted in accordance with the
relevant Film Festival guidelines in each jurisdiction.
A person may also apply for an exemption.
The Code lists and broadly describes the classification
types. Commonwealth, State and Territory Ministers
with responsibility for classification agree to the Code.
The Code is registered on the Federal Register of
Legislative Instruments at www.comlaw.gov.au.
The Code is available at Appendix 2 on page 72.
Classification guidelines
The Guidelines for the Classification of Films and
Computer Games and the Guidelines for the Classification
of Publications (the classification guidelines) are used
by the Classification Board and the Classification
Review Board to assist them in applying the criteria
in the Code by describing the classification types,
and setting out the scope and limits of material
suitable for each classification type. The classification
guidelines are approved by all Ministers with
responsibility for classification. The classification
guidelines are registered on the Federal Register
of Legislative Instruments at www.comlaw.gov.au.
There are a range of other determinations,
instruments and principles applying to classification.
4
As part of the National Classification Scheme, each
State and Territory has enforcement legislation that
complements the Commonwealth Classification
Act. The enforcement legislation sets out how films,
publications and computer games can be sold, hired,
exhibited, advertised and demonstrated in each State or
Territory. It prescribes penalties for classification offences
and provides for enforcement of classification decisions in
the particular jurisdictions. Film festivals are also regulated
under State and Territory enforcement legislation.
Some jurisdictions have reserved censorship powers.
Other functions
In addition to making classification decisions about
films, computer games and certain publications,
the Classification Board and the Director of the
Classification Board perform a number of other
functions under the National Classification Scheme.
In the Australian Capital Territory, New South
Wales, the Northern Territory, Queensland, Victoria,
Tasmania and Western Australia, the Director of
the Classification Board is generally responsible for
approving film festival exemption applications on
behalf of the States and Territories.
In South Australia, exemption applications should be
directed to the South Australian Attorney-General’s Office.
See also information on the Advertising of Unclassified
Films and Computer Games scheme on page 5.
Industry Assessors
Authorised Assessor scheme for computer games
Under the Classification Act, the Director may
authorise a person who has completed the required
training to recommend the classification for a
computer game. If a computer game is likely to
be classified G, PG or M, classification applications
can be submitted accompanied by an authorised
assessor’s recommended classification and
consumer advice for the computer game.
Additional Content Assessor scheme
The Director may also authorise trained persons
to assess additional content which accompanies a
previously classified or exempt film/s released for sale
or hire. These assessors can make a recommendation
regarding the classification and consumer advice for
the additional content. Additional content includes
‘making of’ documentaries, out-takes and commentaries
or interviews with the director or actors. Under the
scheme, additional content does not include television
programs, series or computer games.
When an application for these types of products is
accompanied by a recommendation, the Classification
Board considers the recommendation before making
a decision on the application.
Authorised Television Series Assessor scheme
The Authorised Television Series Assessor scheme
(ATSA scheme) allows trained and authorised
assessors to consider films that are one or more
episodes of a television series and any series-related
At least one episode of the television series film
included in the application must have been broadcast
in Australia. The scheme does not apply to films that
would be classified X 18+ or Refused Classification.
The ATSA scheme is not mandatory. Distributors may
still apply for classification of television series films
without submitting an assessment.
The Advertising of Unclassified Films
and Computer Games scheme
The Advertising of Unclassified Films and Computer
Games scheme commenced on 1 July 2009 and
allows for the advertising of unclassified films and
computer games under certain conditions.
Amongst the conditions of this scheme is a
‘commensurate audience’ rule. This means that
unclassified films and games, when advertised with
already classified material, may only be advertised
with material of the same or higher classification.
Under the scheme, appropriately trained and
authorised industry assessors self-assess the likely
classification of unclassified films or computer games
for this purpose. Applications may also be made to
the Classification Board for such an assessment.
The scheme includes a number of safeguards
and sanctions. These include the Director of the
Classification Board having powers to revoke or
suspend an assessor’s authorisation and prohibit a
distributor from advertising their unclassified products
for up to three years in certain circumstances.
The scheme also includes other conditions for the
advertising of unclassified films and computer games
including the message ‘Check the Classification’
(or ‘CTC’ in its shortened form) that must be
displayed on such advertising.
Australian Customs and
Border Protection Service
The Australian Customs and Border Protection Service
(Customs) is responsible for decisions on the status
of material imported into, or exported from, Australia.
The Customs (Prohibited Imports) Regulations 1956
(the Prohibited Imports Regulations) prescribe classes
of goods that must not be imported into Australia.
The Customs (Prohibited Exports) Regulations 1958
(the Prohibited Exports Regulations) prescribe classes
of goods that must not be exported from Australia.
Customs can detain or seize any material it
believes may contravene Regulation 4A of the
Prohibited Imports Regulations or Regulation 3 of
the Prohibited Exports Regulations. The criteria in
Regulation 4A and Regulation 3 accord with the
RC (Refused Classification) criteria in the National
Classification Code and the Classification Act.
Customs may also apply for classification of items
intercepted at the border.
The Director and Deputy Director are authorised
under subregulation 4A(2A) of the Prohibited
Imports Regulations and subregulation 3(3) of the
Prohibited Exports Regulations to grant requests for
permission to import goods to which the Prohibited
Imports Regulations apply, or to export goods to
which the Prohibited Exports Regulations apply.
Australian Communications
and Media Authority
The Classification Board does not classify material
that is broadcast on radio or television networks.
The Broadcasting Services Act 1992 (the BSA)
establishes a co-regulatory scheme for broadcast
services including radio and television relying
on codes of practice developed by industry and
registered with the Australian Communications
and Media Authority (the ACMA). For the purpose
of classifying films screened on television, the
BSA requires that codes of practice apply the film
classification system under the National Classification
Scheme which includes the classification guidelines
and classification symbols. This is in the interests of
consistency of classification information across films,
DVDs and television.
Online content is regulated via the BSA. The scheme
is administered by the ACMA. If the ACMA receives
a valid complaint about Australian-hosted online
content, or discovers potential prohibited content on
its own initiative, the ACMA may, and in some cases
must, submit the material to the Classification Board
for classification. The ACMA then takes appropriate
action in respect of the online content.
material and recommend an appropriate classification
and consumer advice to the Classification Board.
5
+
CORPORATE OVERVIEW
Legislative governance structures
The Classification Board
The Classification Board is an independent statutory
body consisting of the Director, Deputy Director,
Senior Classifiers and other members.
The Classification Board classifies films, computer
games and certain publications. The Classification
Board also classifies online content on application.
The Director
The Director of the Classification Board has a range
of statutory functions under the Classification Act
which include:
++ managing the administrative affairs of the
++ convening and presiding at Classification Board
meetings
++ determining the constitution of the Classification
Board for classifying particular products
++ approving forms for the purpose of the
Classification Act
++ providing certificates and notice of decisions,
including evidentiary certificates
++ authorisation of industry assessors, and
++ determining applications for fee waivers.
The Director and Deputy Director of the Classification
Board are authorised to grant permission to import
or export prohibited or potentially prohibited goods
in accordance with the Customs Prohibited Imports
Regulations and Prohibited Exports Regulations.
The Classification Review Board
The Classification Review Board is an independent
statutory body established to review decisions of
the Classification Board.
See page 53 for more information on the
Classification Review Board.
01 CORPORATE OVERVIEW
++ determining how decisions are recorded
In addition to the Director’s powers in relation to the
Classification Board, the Classification Act confers a
number of additional functions and powers on the
Director which include:
++ arranging the business of the Classification Board
6
++ calling in publications, films and computer games
for classification
++ determining procedures for the Classification
Board, and
++ providing the Minister with the Classification
Board’s annual report.
The Convenor
Meetings
The Convenor of the Classification Review Board has
a range of statutory functions under the Classification
Act which include:
The Classification Board has weekly meetings to discuss
classification decisions and other procedural issues.
++ managing the administrative affairs of the
++ convening and presiding at Classification Review
Board meetings
++ determining the constitution of panels of the
Classification Review Board to review decisions
++ determining how decisions are recorded
Regular meetings also take place between the
Director, Deputy Director and Senior Classifier to
ensure the day-to-day running of the Classification
Board is efficient and its decisions comply with all
relevant legislation.
The Classification Review Board is a part-time Board
and convenes to deal with applications for review.
Effective liaison with the
++ providing the Minister with the Classification
Review Board’s annual report
In addition to the Convenor’s powers in relation to
the Classification Review Board, the Classification Act
confers a number of additional functions and powers
which include:
++ approving forms for the purpose of the
Classification Act
++ providing certificates and notice of decisions,
including evidentiary certificates, and
++ determining applications for fee waivers.
Administrative arrangements
The Attorney-General’s Department (the Department)
is responsible for the financial management of
the Classification Board and the Classification
Review Board.
The Classification Operations Branch of the
Department is co-located with the Classification
Board and Classification Review Board in Sydney.
The Branch undertakes the following functions:
++ providing operational advice on classification
issues to the Minister for Home Affairs
++ providing secretariat services to the Classification
Board and the Classification Review Board
++ running the Classification Liaison Scheme, and
++ providing classification training for industry and
government bodies.
The Department has a Memorandum of Understanding
with both the Director of the Classification Board and
the Convenor of the Classification Review Board to
provide a framework for operations.
The Classification Board and Classification Review
Board maintain effective liaison with the Department,
through both formal and informal meetings and
contacts, in accordance with the Memorandum
of Understanding between the Department and
each Board.
Effective liaison with Commonwealth,
State and Territory Ministers with
responsibility for classification and
officials, industry and the community
The Classification Board maintains effective liaison
arrangements with Ministers with responsibility for
classification and officials, as well as peak industry
body representatives and other classification
stakeholders. The Classification Board provides
information about decisions to interested parties
as well as advice to industry assessors to promote
professional development on classification issues.
The Classification Review Board liaises with stakeholders
and provides information to interested parties.
Financial management,
accountability and reporting
Classification is carried out largely on a cost recovery
basis with fees for classification set out in the
Classification (Publications, Films and Computer Games)
Regulations 2005. Fees for the review of a decision
are based on partial cost recovery in order to enable
access to reviews of a classification decision while
discouraging vexatious or frivolous claims. Revenue
from classification fees for 2009–10 is $7.095M.
++ arranging the business of the Classification
Review Board, and
7
Further financial information is available in the
Attorney-General’s Department Annual Report
2009–10. The report is available at www.ag.gov.au.
The Director of the Classification Board and the
Convenor of the Classification Review Board are
required to report to the Minister on management
of the administrative affairs of the Classification Board
and the Classification Review Board in accordance
with section 67 and section 85 of the Classification
Act respectively.
Risk management
Management of risk is undertaken in accordance
with the Department’s risk management framework
and fraud control plan and procedures.
Website
The classification website www.classification.gov.au
provides classification information to both industry
clients and the community. The website provides:
++ electronic versions of classification markings and
advice on how these markings are to be displayed
++ information about the Classification Board and
the Classification Review Board
++ an online database to search for classification
decisions
++ information about fees for classification
++ annual reports and media releases
++ links to all relevant Commonwealth, State and
Territory classification legislation
++ a variety of fact sheets for industry and consumers
++ advice on what material is required to be
classified, and
++ specific information for the film, computer game,
publications, telecommunications and music
industries.
8
COBRA – classification workflow
management system
The COBRA (Classification Operations Branch Records
Administration) system is the workflow management
system which enables the management of the
classification workload. The first phase of the
system replaced the old BOSS system in June
2009. During the last year work progressed on
enhancements to the basic system including
an improved search engine that can deal with
the varied range of film and other media titles
consistently. Testing of an improved scheduling
function commenced in June 2010. Some of the
COBRA improvements during 2009–10 replace the
functionality of the old Business Online system.
This includes the transmission of automated emails
advising applicants as their application passes each
milestone in the classification process.
Digital cinema
The Classification Board was represented on the
tender evaluation panel for the procurement of
a 2D and 3D digital cinema projection capability
at the Surry Hills Office. The procurement of the
digital cinema will enable the Board to view an
increasing number of 3D public exhibition films
onsite. The procurement is also seen as keeping pace
with industry and the future lodgement of public
exhibition film applications in digital format. It is
expected that the contractual arrangement will be
completed by the Attorney General’s Department
early in the 2010–11 financial year with installation
shortly after.
Establishment and maintenance
of appropriate ethical standards
Ethical standards
The Classification Act provides that full-time
members of the Classification Board must not
engage in outside employment without the consent
of the Minister. This requirement does not apply to
service in the Australian Defence Force.
The Classification Board has a Code of Conduct
for members.
The Classification Act makes provision for the
disclosure of potential conflicts of interest by
Classification Review Board members.
External accountability
The Classification Board and Classification Review
Board work within an accountability framework
which includes parliamentary scrutiny, the Crimes Act
1914, the Freedom of Information Act 1982, the Privacy
Act 1988 and the Ombudsman Act 1976.
Aspects of a Classification Review Board decision can
be reviewed, on application, by the Federal Court
under the Administrative Decisions (Judicial Review)
Act 1977 (Cth).
Membership
Appointments to the Classification Board and
Classification Review Board are made by the
Governor-General. It is the Minister for Home
Affairs’ responsibility to make recommendations
to the Governor-General regarding appointments.
Before making such recommendations, the
Classification Act requires that the Minister
consult with State and Territory Ministers with
responsibility for classification about the proposed
recommendations. Appointments are made for fixed
terms of up to five years and members are eligible
for reappointment to a statutory maximum of
seven years.
Under section 50 of the Classification Act, the Minister
may appoint temporary members of the Classification
Board if it is necessary to do so for the efficient
dispatch of the Classification Board’s business.
This function has been delegated to the Director of
the Classification Board.
Sections 66 and 84 provide that the Minister may
appoint a person to act as a member during a
vacancy in the Classification Board and Classification
Review Board respectively.
Movements
The Deputy Director of the Classification Board,
Olya Booyar, resigned from her position with her
last day being 29 January 2010.
The appointment of the Senior Classifier,
Jeremy Fenton, expired on 27 May 2010.
In addition, three members of the Classification
Board, Rodney Smith, Conrad Del Villar and
Alexandra Greene, resigned with their last days
being 4 December 2009, 24 December 2009 and
17 February 2010 respectively. Rosalea Oberdorf and
Joseph Mlikota’s terms expired on 12 December 2009.
On 31 August 2009 the terms of appointment
of Classification Review Board members
Irina Kolodiziner and Brook Hely came to an end.
On 17 September 2009 the appointment
of Classification Review Board members
Helena Blundell, Melissa de Zwart and Alan Wu
took effect.
Conditions
The Remuneration Tribunal determines the
entitlements of Classification Board and Classification
Review Board members in relation to remuneration,
annual leave and official travel. These determinations
are available at www.remtribunal.gov.au.
Freedom of information
In accordance with section 8 of the Freedom of
Information Act 1982 (FOI Act), this section of the
report contains information about FOI procedures
and access to documents.
FOI procedures and initial contact
points for enquiries
Applicants seeking access to documents under the
FOI Act should contact either:
The Director
Locked Bag 3
HAYMARKET NSW 1240
Phone: (02) 9289 7100
Fax: (02) 9289 7101
The Convenor
Locked Bag 3
HAYMARKET NSW 1240
Phone: (02) 9289 7100
Fax: (02) 9289 7101
Categories of documents
The following categories of documents are
maintained by the Attorney-General’s Department
on behalf of the Classification Board and
Classification Review Board:
++ applications under the Classification Act, and
++ documents relating to decisions of the
Classification Board.
Reasons for decisions of the Classification Review
Board are available on the Classification website at
www.classification.gov.au.
An application may be made to the Classification
Review Board to review a decision of the
Classification Board. An application may be made to
the Administrative Appeals Tribunal (AAT) for review
of some of the Director’s and Convenor’s decisions
under the Classification Act.
9
The following categories of documents are publicly
available on the Classification website:
Judicial decisions
++ The Classification Act
There were no judicial decisions made during the
reporting period.
++ The National Classification Code
++ Guidelines for the Classification of Publications,
Guidelines for the Classification of Films and
Computer Games
++ Classification (Publications, Films and Computer
Games) Regulations 2005
++ Determinations and Principles made under the
Classification Act
++ Annual reports, and
++ Application forms for classification and review.
FOI requests during 2009–10
No requests were received for access to Classification
Board or Classification Review Board documents
under the FOI Act during the reporting period.
Privacy
As required by the Commonwealth Privacy Act 1988,
the Attorney-General’s Department maintains a
written record of the classes of personal information
that it holds and submits a copy of that record to
the Office of the Federal Privacy Commissioner
for publication in the annual Personal Information
Digest. The digest is available from the Office of the
Federal Privacy Commissioner. Information about
records held by the Attorney-General’s Department
in administratively supporting the work of the
Classification Board and Classification Review Board
can be obtained by contacting the Privacy Contact
Officer on (02) 9289 7100 or by writing to:
10
The Privacy Contact Officer
Classification Operations Branch
Locked Bag 3
HAYMARKET NSW 1240
An application was made to the Federal Court on
16 June 2010 under the Administrative Decisions
(Judicial Review) Act 1977 (Cth) regarding the
Classification Review Board’s decision to classify the
modified version of the film Salo o le 120 Giornate
di Sodoma (Salo) in DVD format, R 18+ (Restricted)
with the consumer advice ‘Scenes of torture and
degradation, sexual violence and nudity’. This matter
will be heard by the Federal Court in the 2010–11
reporting period.
Decisions by administrative
tribunals
During the reporting period, no applications were
made to the Administrative Appeals Tribunal for
administrative review of decisions made by either
the Director of the Classification Board or the
Reports by the Auditor-General
There were no reports on the operation of the
Classification Board or the Classification Review
Board by the Auditor-General in the reporting period.
Reports by parliamentary
committees
There were no reports tabled by parliamentary
committees which referred to the Classification
Board or the Classification Review Board during
the reporting period.
No matters involving the Classification Board or the
Classification Review Board were dealt with by the
Commonwealth Ombudsman during 2009–10.
Annual Report 2009–2010
CLASSIFICATION BOARD
01 SECTION TITLE
02
11
+
DIRECTOR’S
LETTER OF TRANSMITTAL
02 DIRECTOR’S LETTER OF TRANSMITTAL
Left The Hon Brendan O’Connor MP, Minister for Home Affairs
12
+
DIRECTOR’S OVERVIEW
There have been a number of highlights throughout
this reporting period. In April 2010, I participated
in a very valuable Classification Enforcement
Contacts Forum hosted by the Attorney-General’s
Department. Participants discussed a range of
classification enforcement issues affecting each
state and territory and shared intelligence and other
information, particularly regarding adult publications
and films. It was the first time such an event was held
and given the positive feedback received by all who
participated, is likely to become an annual event.
In this respect, the Board’s fundamental role is
to make classification decisions. The States and
Territories are primarily responsible for enforcement.
Customs and Border Protection regulates what can
and cannot be imported into Australia.
In this reporting year, the Board received 7,302
applications, including applications to classify 4,820
films, 1,101 computer games and 291 publications
(228 single issue and 63 serial publications).
These figures are generally consistent with the
number of applications the Board has received
over the previous two years.
In May 2010, I attended the Annual Conference
for European Film Classifiers ‘A New Decade, New
Challenges’ that was held on 19 and 20 May 2010
in The Hague, The Netherlands. The conference
was organised by the Netherlands Institute for the
Classification of Audiovisual Media (NICAM) and
attended by delegates from Australia, Belgium,
Cyprus, Denmark, Finland, France, Germany, Hungary,
Ireland, Norway, Portugal, Singapore, Sweden
and the United Kingdom with guest speakers
from the University of Amsterdam and the Dutch
Media Authority.
A number of issues were discussed including 3D in
cinema and home entertainment with all delegates
being in general agreement about the different
impact of these products. Attendees also discussed
the technical developments in 3D technology with
a demonstration screening being provided in a
local cinema.
The Board continues to attend the annual media
classification forums hosted by the Free-to-Air TV
Classifiers. A range of issues of mutual interest are
discussed such as advertising standards, consistency
02 DIRECTOR’S OVERVIEW
The 2009–10 reporting year has been one of growth
and consolidation for the Classification Board.
The Board has continued to fulfil its statutory duty
and role in the National Classification Scheme working
efficiently to classify films, computer games and
publications. As has been the case in previous years,
the Board has been required to make classification
decisions that have been the subject of some public
debate. In these instances, as is the case with all
decisions, the Board continues to capture and reflect
the diversity of opinion found in our community.
13
in a changing technological environment and
regulating and classifying across different media.
The Board also continues to regularly engage
with stakeholders such as tertiary and secondary
educational institutions, community organisations,
professional bodies and industry, about classification
and community standards.
The Board has continued its work in providing
consumer advice about films and computer
games. In order to ensure that consumers are
not missing very important advice provided by
the Board about films and computer games, the
Board has commenced issuing media releases
about classification decisions. These are released in
instances where the Board believes there is a public
interest in promoting a particular decision. This is
particularly useful for films that are aimed at children,
or may incorrectly be perceived as being aimed
at children. Media releases were issued for the PG
classified Alice in Wonderland, the MA 15+ classified
Kick-Ass and the M classified Robin Hood.
One classification decision of the Board that attracted
some public debate is the R 18+ classification for a
modified 292 minute DVD version of the film Salo o le
120 Giornate di Sodoma (Salo). The film, in a number
of different versions, has been variously classified
R 18+ and RC (Refused Classification). Before this
decision, the Board most recently classified a version
of the standalone feature Salo RC in July 2008.
This latest version is a two-disc release which also
contains documentary material, a trailer and a music
clip. The Classification Board, in a majority decision,
classified the film R 18+ with the consumer advice
‘Scenes of torture and degradation, sexual violence
and nudity’.
The Board readily acknowledges this is an extremely
controversial film with a difficult classification history.
Beyond that, the decision of the Board speaks for
itself, and in any case has been overtaken by the
decision of the Classification Review Board which
classified the film R 18+.
14
An application was made to the Federal Court under
the Administrative Decisions (Judicial Review) Act 1977
on 16 June 2010 regarding the Classification Review
Board’s R 18+ classification of Salo. I understand
the matter is to be heard by the Federal Court
in 2010–11.
This reporting period also saw the introduction
of the Advertising of Unclassified Films and
Computer Games Scheme which commenced
on 1 July 2009. The scheme sets out conditions
on advertising unclassified films and computer
games. Most advertisements for unclassified films
and computer games are required to display a
message ‘Check the Classification’ or its shortened
form ‘CTC’. Under the scheme, a distributor is only
to make an advertisement for an unclassified film
or computer game available for advertising with
classified material if the film or computer game has
been assessed by the Classification Board or by an
authorised advertising assessor as having a likely
classification no greater than that of the classified
material. The scheme has been well received by
industry and implemented successfully during
this reporting period.
The Classification Board continues to monitor the
classification compliance levels of adult publications
and films. During this reporting year, I have used
my Directors’ powers to call in 444 adult films
and 49 adult magazines. Failure to comply with a
call in notice is a breach of classification laws and
the Attorney-General’s Department was asked to
refer all breaches to relevant State or Territory law
enforcement agencies for appropriate attention
and action.
This reporting year has also seen an increase in the
Board’s auditing of serial classifications with every
periodical covered by a declaration being audited.
Serial classification declarations are made under
the Classification (Publications, Films and Computer
Games) Act 1995. The Classification Act allows the
Board to declare that the classification granted to
a publication also applies to:
(a) all future issues; or
(b) a specified number of future issues; or
(c) all future issues published within a specified period.
In addition, given the recent history of non-compliance
by some distributors, the Board has been tending to
issue serial declarations for 12 months only, rather
than the previously common 24 month period.
The Board continues to observe the public
discussions about mandatory internet filtering.
The role of the Board continues to be one of
classifying online content upon receipt of a valid
application under the Broadcasting Services Act 1992,
which we have successfully done now for many
years. Once classified, the role of the Board with
regard to online content regulation ends.
The Board also continues to monitor progress
surrounding the issue of an R 18+ classification for
computer games. A public consultation process was
conducted by the Attorney-General’s Department
between December 2009 and February 2010
resulting in approximately 60,000 submissions
being received.
This reporting period was a time of renewal for the
Board with seven members’ terms expiring. I would
like to thank the former Deputy Director Olya Booyar,
Acting Deputy Director Jeremy Fenton and Board
members Alexandra Greene, Joseph Mlikota, Rosalea
Oberdorf, Rod Smith and Conrad del Villar for their
significant contributions and wish them well in their
future endeavours. Progress in recruiting new Board
members is well advanced. Interviews for the vacant
Deputy Director position were conducted in March,
Senior Classifier position interviews were conducted
in May, and Board member position interviews were
conducted in June 2010. Members are appointed
by the Governor-General, on recommendation of
the Minister for Home Affairs, after consultation
with State and Territory Ministers with responsibility
for classification. I look forward to welcoming new
members when they are appointed.
Finally, none of these achievements would be
possible without the dedication, commitment
and cooperation of Board members and staff
from the Classification Operations Branch of the
Attorney-General’s Department. I would like to
thank all of them for their enthusiasm and hard
work throughout this financial year.
Donald McDonald AC
Director
Back row L–R Zahid Gamieldien, Greg Scott, Rosalea Oberdorf, Conrad Del Villar, Rod Smith, Georgina Dridan,
Alexandra Greene, Joseph Mlikota, Sheridan Brill.
Front Row L–R Amanda Apel, Olya Booyar, Donald McDonald, Jeremy Fenton, Moya Glasson.
15
+
CLASSIFICATION BOARD PROFILES
Donald McDonald was made an Officer of the
Order of Australia in 1991, and made a Companion of
the Order in 2006. He holds a Bachelor of Commerce
from the University of NSW (1961) and was awarded
an honorary Doctorate of Letters from that University
in 2004. He was a Visiting Fellow of the University of
Edinburgh in 1993.
He is married to Janet McDonald AO. They have
two adult children and two grandchildren.
Donald McDonald AC
Director
Appointed 1 May 2007
Appointment expires 30 April 2011
02 CLASSIFICATION BOARD PROFILES
Donald McDonald joined the Classification Board as its
Director on 1 May 2007. His previous positions include
Chairman of the Australian Broadcasting Corporation
from 1996 to 2006, Chief Executive of The Australian
Opera from 1987 to 1996 and General Manager of the
Sydney Theatre Company from 1980 to 1986.
He is Chairman of The Australiana Fund and Chairman
of The Really Useful Company Asia Pacific Pty Ltd.
16
He has served on numerous boards, including as
Director of the Sydney Organising Committee for the
Olympic Games (SOCOG). He was Chairman of the
Constitutional Centenary Foundation, a Fellow of the
Senate of the University of Sydney, a member of the
Australian Tourist Commission and a director of the
University of NSW Foundation.
Greg Scott
Georgina Dridan
Board member
Appointed 3 April 2006
Reappointed 3 April 2009
Board member
Acting Deputy Director
Acting Senior Classifier
Greg Scott, 30, was raised in Possum Brush, on the
mid-north coast of New South Wales.
Georgina Dridan, 39, comes from Victoria where she
trained for several years in television production
and broadcasting and worked extensively as
a local producer and researcher with the Australian
Broadcasting Corporation (ABC TV) in Melbourne
and internationally, with CanWest Media and the
Canadian Broadcasting Corporation in the eastern
Canadian provinces of Ontario , Nova Scotia and
Quebec. Upon her return to Australia, Georgina
continued her work with the ABC as Deputy
Programmer and Acquisitions Manager with the
ABC’s digital networks.
Greg joined the Royal Australian Navy on completion
of his secondary education. He served nine years
as a Combat Systems Operator and now remains a
Leading Seaman Reservist.
During his time in the Royal Australian Navy,
he had the opportunity to serve both locally and
internationally, travelling throughout South East Asia
and the Middle East. He served onboard HMAS Perth,
a now decommissioned guided missile destroyer and
more recently HMAS Melbourne, a guided missile
frigate. During this time onboard HMAS Melbourne
he was involved in two operational deployments
to the Persian Gulf, where he acted as an Electronic
Warfare Director, specialising in above water warfare
and anti-ship missile defence.
Prior to his naval service he was an indoor cricket
umpire in junior competitions which allowed him
to become closely involved with children and
their families.
Georgina has travelled extensively throughout
Europe and North America and prior to her
Board appointment, worked in State Government
employment and training programs, specific
to regional timber industries. She presently
resides in regional NSW and enjoys a continued
interest in media and film production via her
involvement in regional community arts festivals
and recreational programs.
His interests include cricket, rugby league,
fish-keeping, reading and drawing. He currently
resides in Sydney with his wife and young son.
17
Amanda Apel
Zahid Gamieldien
Board member
Board member
Appointment expires 17 May 2012
Amanda Apel, 47, was raised in Sydney and has since
lived and worked in a number of Australian states
and territories as well as abroad. Her working life
has encompassed a variety of industries including
advertising, tourism, photography, business and
sports administration and primary industry.
Zahid Gamieldien, 25, was born in Cape Town,
South Africa and migrated to Australia with his parents
at the age of three. He grew up in south-western
Sydney and currently resides with his spouse in the
inner-city.
Prior to taking up her appointment to the
Classification Board in 2009, Amanda held the position
of Executive Officer for Swimming Northern Territory
in Darwin, a position that relied on close ties to youth
sports and the community at large.
Amanda has been exposed to a variety of cultures
and social issues through extensive travel, study and
diverse professional experience. She maintains an
interest in art, photography, writing and films and
takes her greatest joy is spending time with family
and friends.
Amanda lives on the northern beaches of Sydney
with her partner and three sons.
Zahid holds a Bachelor of Arts in Communication
(Writing and Cultural Studies) and a Bachelor of
Law from the University of Technology, Sydney.
During his time at university, he contributed to the
university newspaper and was published in the UTS
Writers’ Anthology.
His previous employment in a migration law firm
deepened his understanding of the legal issues and
personal hardships of migrants and their families.
He has also worked as a writer, with his stories
and reviews appearing in various professional,
academic and community publications. Prior to his
appointment to the Classification Board, he practised
as a solicitor for a subscription television company.
Zahid’s diverse education and employment
background contributes broad cultural experience
and community awareness to the Board. He has a
strong interest in literature, football and films.
18
Moya Glasson
Sheridan Brill
Board member
Board member
Moya Glasson, 56, holds a Bachelor of Education
degree and has relocated from Western Australia
to take up her position with the Board.
Sheridan Brill, 32, from Canberra, spent three years
after high school working in various Public Service
positions before deciding to become a teacher.
Moya taught in a number of metropolitan-area,
regional and remote public schools across WA.
After teaching for more than three years on the
Cocos Islands, Moya received a scholarship from
the Department of Education and Training in
Western Australia (DETWA) to complete a semester
of language and cultural studies at the Gajah Mada
University, Yogyakarta, as part of a Graduate Diploma
in Asian Studies. Moya has taught migrant and
refugee students in Intensive English Centres in
Perth as well as in schools, colleges and universities
in Indonesia, Vietnam and South Korea.
Sheridan attended a number of schools nationally
and internationally during her father’s engineering
career in the RAAF. After completing her Bachelor
of Education degree at the University of Canberra,
she spent six years teaching Kindergarten to Year
6 in the ACT public education system. During her
teaching career Sheridan was passionate about
ensuring students from all backgrounds had access
to quality education, with a specific focus on the
development of literacy skills.
Moya, whose main interests are travel and
languages, comes from a large extended family
and has connections to a range of educational
institutions, sporting clubs and other interest groups
across WA in areas as diverse as dance, Aus-Kick and
volunteer radio.
Moya has worked in programs to improve
educational outcomes for aboriginal and migrant
students as well as the inter-department initiatives
to support refugees and ethnic communities.
Sheridan’s interests lie in interior design, digital
photography and maintaining an active and healthy
lifestyle. She has recently married and now resides
in South Sydney.
19
Members who left the Classification Board in 2009–10
Olya Booyar
Jeremy Fenton
Deputy Director
Appointed 23 July 2007
Resigned 29 January 2010
Board member
Reappointed 28 May 2006
Born in Ukraine and educated in Canada and
Germany, Olya migrated to Australia in 1987 after
graduating from the University of Manitoba with an
Honours Degree in Psychology, all by the age of 19.
In Australia she worked in various roles at SBS and
in 2002, as Station Manager at SBS Radio in Sydney,
she became one of the youngest women ever to
head up a major national radio station in Australia.
She came to the Classification Board from the role
of Community Relations Executive at SBS Television.
Olya is a member of several industry and community
bodies including Women on Boards and the Australia
Day Ambassador program. She is the President of
the International Association of Women in Radio
and Television.
Senior Classifier
Appointed 19 October 2006
Appointment expired 27 May 2010
Married with two teenage children, Olya speaks
several languages and lists her hobbies as reading
and watching movies.
20
Acting Deputy Director 30 January to 27 May 2010
Jeremy Fenton, 39, was born in Auckland, New Zealand,
before becoming a naturalised Australian citizen in
1978. He has lived in Northern New South Wales for
the majority of his life and holds a Bachelor of Arts
(Communication) with a major in film production.
He was appointed Senior Classifier on 19 October 2006,
and has been appointed acting Deputy Director of
the Classification Board for significant periods of time.
He also had a short period as Acting Director.
Jeremy has had a long-term involvement with
community radio in Lismore, NSW, serving on
management and steering committees, as well as holding
the position of Station Manager, where he enjoyed a wide
interaction with rural, indigenous and young people.
Before moving to Sydney to join the Classification
Board, Jeremy held the full-time position of Regional
Coordinator for Training Services for a non-profit
employment and training organisation operating
across a region that stretches from Grafton to
Tweed Heads in Northern NSW, and also worked
part-time as a weekly columnist for a local newspaper.
He is an active volunteer with the Australian
Red Cross and his interests include reading, cooking,
listening to an eclectic range of music, gardening,
watching films, and photography.
Jeremy lives in the inner-west of Sydney with his
partner and young son.
Conrad Del Villar
Alexandra Greene
Board member
Resigned 24 December 2009
Board member
Resigned 17 February 2010
Conrad Del Villar, 36, migrated from The Philippines
to Australia as a child and was educated in Sydney
and Canberra before taking a scholarship to Stanford
University, where he graduated with an honours
degree in Comparative Literature.
After tutoring in humanities and film at Stanford,
he returned to Australia where he taught English,
history and photography. Firmly believing that
education involves the whole person, Conrad
became actively involved in the pastoral life of
several NSW high schools as a classroom teacher,
mentor and tutor.
This mix of work and study experience has allowed
Alexandra to have close contact with children and
families, giving her an insight into many legal and
social issues such as drug use, violence and sexual
abuse. She has interests in animal welfare, music,
piano and motor racing.
Conrad has studied, lived and worked in countries
such as China, Germany, Spain, Mexico and the
Philippines. He has published fiction in such
journals as Heat, and exhibited his photographs and
sculptures in shows such as Bondi’s ‘Sculpture by the
Sea’. He continues to pursue an interest in the world
of art and writing.
Alexandra Greene, 33 and mother of a four year
old son, is originally from Melbourne, having spent
seven years living on the Gold Coast. Alexandra has
degrees in Arts and Law and worked as a commercial
solicitor as well as in the State Drug Squad and
Major Fraud Investigation Unit at the Queensland
Police Service, prior to her appointment on the
21
Joseph Mlikota
Rosalea Oberdorf
Board member
Appointed 13 December 2006
Appointment expired 12 December 2009
Board member
Appointed 13 December 2006
Appointment expired 12 December 2009
Joseph Mlikota, 42, was born and raised in
Melbourne and worked in Sydney prior to his Board
appointment. Joseph completed a Bachelor of Arts
in Fine Arts, Printmaking and continues to have an
interest in the arts community. Art house and foreign
films have been of particular interest to Joseph since
his time at art school.
Rosalea Oberdorf, 54, is originally from Queensland
where she worked in the Department of Child
Safety for more than 20 years, primarily in the area of
child protection, local and international adoptions,
crisis intervention and the Children’s Court.
Rosalea’s South Sea Islander background has enabled
her to understand the importance of cultural mores
and traditional values because they have touched
and enriched her life and enabled her to personally
identify with the issues which affect the lives of
all indigenous peoples. Rosalea believes that her
greatest achievement and enjoyment has been her
three daughters.
Working with people with disabilities for several
years, Joseph was closely associated with children
and their families and had a particular interest in
alternative communication for children and adults
with communication difficulties. He was also
involved in establishing accommodation support
in the community for several clients who had
lived in long term institutional facilities.
Joseph has also served as a temporary Board
member. He worked 64 days as a temporary Board
member during 2009–10.
22
Temporary Board members
Under the Classification Act, the Minister has
delegated a power to the Director to appoint
a person to be a temporary member of the
Classification Board. A register of people suitable for
temporary appointments is maintained and drawn
on from time to time to provide short term assistance
in handling the workload of the Classification Board.
Terms of appointment may be as short as one day
and may extend to three months.
Rod Smith
Marit Breivik Andersen
Rod Smith, 40, comes from Launceston in Tasmania.
Following a brief period of Defence Force training,
Rod spent 14 years working as a journalist and
reporter for newspapers such as The Examiner and
the Sunday Telegraph, ABC radio and TV, online and
at a wire service. During his time in Launceston,
Rod led a group of young high school students
to create the first Australian entertainment guide
generated entirely by young readers. He also
co-founded and funded a free street paper for
young adults, co-organised a major rock concert and
selected bands to appear on two annually produced
CDs. Rod has maintained an interest in news and
current affairs, particularly issues affecting his home
state. His interests include rock climbing, reading,
writing, running and bushwalking. He lives in Sydney
with his wife and their son.
Marit Andersen, 41, came to Australia from Norway
in 1990 and has worked as a temporary Board
member since September 2007. She was previously
a journalist/broadcaster with SBS Radio producing
programs related to the Norwegian speaking
community in Australia and has also worked as a
freelance journalist, writer, translator and subtitler.
As a mother of three young children she has close
community ties through school and sports activities
where she manages and coaches sporting teams.
Marit worked 114 days as a temporary Board
Graeme Bradley
Graeme Bradley, 61 began his career in the
Commonwealth Bank followed by two years
national service in the Royal Australian Army as a
communications specialist. He then joined Telstra
and worked in the field of telecommunications
and IT for 35 years. This included secondments
to Saudi Arabia, USA and Malaysia. Graeme spent
five years working on the Sydney 2000 Olympics
and Paralympics Games whilst being a member
of the NSW Paralympics Committee for four years.
Graeme lives in Sydney with his wife and son. Graeme worked 104 days as a temporary Board
Board member
Resigned 4 December 2009
23
Emma Bromley
Geoff Geraghty
Emma Bromley, 36, is married with two young
children. A former high school teacher, she has held
numerous positions within the Australian Public
Service including film policy and telecommunications
funding. She also held a number of positions within
the then Office of Film and Literature Classification.
Emma currently fundraises for her local community
childcare centre. Her interests include photography,
craft and writing.
Geoff Geraghty, 57, has had an extensive and wide
ranging career with the Australian Military. He has
been active within the community through various
school associations, local community initiatives,
the Australian National Maritime Museum and the
NSW Bar Association as a community member.
Geoff is married with three adult children and
one grandchild.
Emma worked 38 days as a temporary Board
Dianne Doratis
Dianne, 60, joined the Board as a temporary
member in September 2007. A first generation
Greek-Australian, Dianne worked as a Clinical
Psychologist in government and private practice,
specialising in children and families. Dianne recently
retired from work as a Clinician for the Children’s
Courts but continues to work as a Guardian in
various court jurisdictions. Married with three adult
daughters, Dianne returned to Sydney after 18 years
living near Newcastle to take up her appointment to
the Classification Board. Her interests include music,
singing, film, theatre, reading and food.
Dianne worked 110 days as a temporary Board
Tracey Eades
24
Tracey Eades, 45, is from Sydney and the
Central Coast, New South Wales. She is a mother
of three school age children and has spent several
years caring for them full-time at home. She is
a registered psychologist and has worked as a
psychologist with Department of Corrective Services,
the Commonwealth Rehabilitation Service and as a
gambling counsellor. She remains actively involved
in her local community through her children’s
numerous activities, particularly at the local school
where she is an Executive Member of the P&C, the
Parent Representative Co-ordinator and Co-Editor
of the School Annual Yearbook. Her interests are
swimming, reading and yoga.
Tracey worked 90 days as a temporary Board
Geoff worked 20 days as a temporary Board member
during 2009–10.
Sue Zelinka
Sue Zelinka, 60, began her career in ABC Television
where she researched, directed and produced
documentary films on a range of topics in both
the arts and social sciences. After running her own
research company, she joined the Human Rights
Commission and then spent a decade as a member
of the Refugee Review Tribunal. Sue maintains an
active involvement in the International Association
of Refugee Law Judges and is a Visiting Fellow of the
Law School at the University of NSW. She lives with
her husband in Sydney.
Sue worked 62 days as a temporary Board member
during 2009–10.
Chantal Chalier
Chantal Chalier, 54, was born and educated in
France. She holds a Master of Arts and Doctorate
from the University of Lyon. Chantal worked in
education in the USA and Zimbabwe before coming
to Australia. After her son’s birth, Chantal acquired
Australian citizenship. Chantal was a Tutor at
Macquarie University, and a Lecturer at the Australian
National University for four years. Chantal worked
with SBS Television for 12 years as a subtitler and
then as an assessor and programmer of films and
documentaries. For the last 15 years Chantal has
been involved in adult education with the Centre for
Continuing Education at the University of Sydney,
co-ordinating the French program and devising
French civilisation and cultural courses.
Chantal was a member of the Classification Board
from 3 April 2006 to 2 April 2009.
Chantal worked 79 days as a temporary Board
+
STATISTICS
There are statutory time limits for the making
of classification decisions – 20 days for standard
applications and five days for priority applications.
Key achievements
++ The Classification Board and the Director
received 7,302 applications in 2009–10,
resulting in 7,178 decisions1. Of these decisions,
6,468 were classification decisions including
6,122 commercial classification decisions,
258 classification decisions on on-line content
referred by ACMA and 88 classification decisions
for enforcement agencies.
1 Not all applications result in a decision. Not all decisions
are classification decisions. Classification decisions include
all decisions except assessments of likely classification and
decisions about advertising approval, exemptions granted
to show unclassified films and fee waiver applications.
02 STATISTICS
++ No decisions exceeded the statutory time limit of
20 days for a standard application and five days
for a priority application.
25
Timeliness of decisions
In 2009–10, all classification decisions on commercial
applications were made within the statutory time
limits. A breakdown of these figures follows:
No. of decisions
No. of Priority
made within
No. of standard
Processing Fee
statutory applications over applications over
time limits 20 business days 5 business days
Application type
Film (public exhibition)
422
0
0
3,967
0
0
Film (not for public exhibition) – ACA
129
0
0
Film (not for public exhibition) – ATSA
265
0
0
1,055
0
0
284
0
0
53
0
0
5
0
0
258
0
0
6,438
0
0
100
0
0
Film (not for public exhibition)
Computer games
Publications (including serial declarations)
Assessment of likely classification – film
Assessment of likely classification – computer games
Internet content
Total
% of total
Reason
Number
0
Administrative error
0
Total
0
02 STATISTICS
Workflow delay
26
Classification Board workload
In 2009–10, the Classification Board received 7,302 applications and made 7,178 decisions.
Applications received
Commercial applications
425
3,983
141
271
Computer games
1,101
Publications (excluding serial publications)
228
Serial publication declarations
63
55
5
Other applications
Internet content
257
Enforcement (including Australian Customs and Border Protection Service)
220
Film festival exemptions
518
Fee waiver applications
35
Total
7,302
Decisions
422
3,967
129
265
Computer games
1,055
225
59
53
5
02 STATISTICS
Publications
27
Table 04 Decisions by format/source (continued)
Other applications
Decisions
Internet content
258
195
511
34
Total
Comparison with last year’s
workload
Compared with the 2008–09 reporting period,
the number of:
++ classification decisions made on applications
for public exhibition films increased from 394
to 422 (an increase of 7 percent)
++ classification decisions made on applications for
films not for public exhibition (including ACA and
ATSA applications) increased slightly from 4,314 to
4,361 (an increase of 1 percent)
++ computer game classification decisions made
decreased slightly from 1,068 to 1055 (a decrease
of 1.2 percent), and
++ publications classification decisions made
(including for serial publication declarations)
increased from 193 to 284 (an increase of
47 percent).
7,178
Quality decision-making
The Classification Board employs a number of
practices and procedures to ensure quality of
decision-making:
++ regular internal meetings are held to ensure
issues on current standards are communicated
and a forum is provided to debate and discuss
classification standards and maintain a consistent
approach to decision-making
++ interchange between the Classification Board
and the Classification Operations Branch ensures
the Classification Board’s standards are reflected
in training programs provided by the Branch for
industry assessors, and
++ standardised internal procedures for managing
applications.
Cost
The current fee structure for classification services
was introduced on 1 December 2005. The fees are set
out in the Commonwealth Classification (Publications,
Films and Computer Games) Regulations 2005.
02 STATISTICS
To ensure the financial model continues to comply
with the Australian Government’s cost recovery
policy, regular reviews of classification fees are
conducted. A review continued during the reporting
period and is expected to be completed in 2010–11.
28
Publications
The Classification Board made 284 decisions
on commercial applications for classification
of publications. This includes 225 single issue
publication classifications and 59 serial declarations.
Table 05 Commercial (single issue)
publications decisions by classification
Classification
Classification decisions
Unrestricted
77
Category 1 restricted
116
29
RC
3
Total
225
Table 06 Commercial (single issue) publications
applications refused classification by reason
Reason2
Number
Publications RC 1(a)
1
Publications RC 1(b)
1
Publications RC 1(c)
0
Publications RC 1(a) & 1(b)
1
Total
3
As indicated in Figure 01, 52 percent of single issue
publications classified were Category 1 restricted.
13 percent were Category 2 restricted and 34 percent
were Unrestricted. Three publications were classified RC
(Refused Classification) which represents 1.3 percent of
the publications submitted for classification.
Figure 01 Publication classification decisions
Serial classification declarations
for publications
The Classification Act provides that the Classification
Board may declare that the classification granted
for an original issue applies to future issues of a
publication for a specified period or number of
issues. The Classification Board must have regard to
the Classification (Serial Publications) Principles 2005
in deciding whether to grant a serial classification
declaration.
Table 07 Serial publication declarations
granted by classification
Reason
Declarations granted
Unrestricted
7
48
4
RC
0
Total
59
As indicated in Figure 02, 81 percent of serial
classification declarations were for Category
1 restricted publications. Seven percent were
Category 2 restricted publications and 12 percent
were Unrestricted publications.
Figure 02 Serial publication classification decisions
RC 0%
Category 2
Restricted 7%
Unrestricted
12%
Category 1
Restricted
81%
Category 1
Restricted
52%
RC 1%
Category 2
Restricted
13%
2 The reason for refusing a publication classification refers to the
relevant item of the National Classification Code.
02 STATISTICS
Unrestricted
34%
29
Film – public exhibition
Film – not for public exhibition
The Classification Board made 422 decisions
on applications for the classification of public
exhibition films.
The Classification Board made 4,361 decisions on
applications for classification of commercial films
not for public exhibition in the reporting period.
These figures include applications made under
the Additional Content Assessor and Authorised
Television Series Assessor Schemes.
Table 08 Commercial film (public exhibition)
decisions by classification
Classification
G
42
Table 09 Commercial film (not for public
exhibition) decisions by classification
PG
99
Classification
M
185
G
775
91
PG
923
R 18+
5
M
RC
0
MA 15+
690
R 18+
153
X 18+
714
MA 15+
Total
422
As indicated in Figure 03, 77 percent of public
exhibition film classifications during the year were
in the categories of G, PG and M, with the highest
number of decisions in the M category.
Figure 03 Film – public exhibition
classification decisions
RC
Total
M 44%
G 10%
RC 0%
MA15+ 22%
R18+ 1%
1,087
19
4,361
Table 10 Commercial film (not for
public exhibition) applications refused
classification by reason
Reason3
PG 23%
Number
Films RC 1(a)
17
Films RC 1(b)
0
Films RC 1(c)
0
Films RC 1(a) & 1(b)
2
Total
19
02 STATISTICS
As indicated in Figure 04, approximately 64 percent
of film (not for public exhibition) classifications
during the year were in the advisory categories of G,
PG and M, with the highest number of decisions in
the M category.
30
3 The reason for refusing a film classification refers to the relevant
item of the National Classification Code.
The Classification Board classified 19 commercial
films not for public exhibition RC. This represents
0.43 percent of the total number of the films not for
public exhibition submitted for classification.
Figure 04 Film – not for public exhibition
(including ACA and ATSA)
Computer games
The Classification Board made 1,055 decisions on
applications for computer games.
Table 11 Commercial computer games
Classification
PG 21%
G 18%
M 25%
MA15+
16%
G
621
PG
246
M
108
MA 15+
X18+ 16%
RC 0.43%
76
RC
R18+ 4%
4
Total
1,055
Under the Additional Content Assessor (ACA)
scheme, applications that comprise previously
classified or exempt film/s plus additional content
(eg. additional scenes, Director’s commentary,
out-takes, etc) can be accompanied by a
recommendation from a trained and authorised
assessor on the appropriate classification and
consumer advice for the additional content. Ninety-two percent of computer game classifications
the G category.
Under the Authorised Television Series Assessor
(ATSA) scheme, applications that comprise certain
television series and series related material can be
also be accompanied by a report from an authorised
assessor including a recommended classification and
consumer advice. Applications submitted under the
scheme generally attract a lower fee.
The Classification Board classified four computer
games RC during the reporting period.
Under both schemes, the Classification Board is still
responsible for the classification of the film, but its
decision may be informed by the assessor’s report
and classification recommendation.
No computer games classifications were revoked
under section 21A of the Classification Act during
Figure 05 Computer game classification decisions
M 10%
MA15+ 7%
RC 0.04%
PG 23%
02 STATISTICS
G 60%
31
Reason4
Number
Games RC 1(a)
2
Games RC 1(b)
0
Games RC 1(c)
0
Games RC 1(d)
2
Games RC 1(a) & 1 (b)
0
Total
4
Other applications
There is general information about exemptions in
the overview of the National Classification Scheme
on page 4.
During 2009–10 the Director granted 510 exemptions
to applicants to show unclassified films at an event.
The same number of exemptions was granted in the
previous reporting period. These were primarily for
film festivals and special film events. One application
for exemption to show an unclassified film was refused.
One of the conditions is a ‘commensurate audience
rule’ to ensure that unclassified films and computer
games are only advertised to an appropriate
audience. For this purpose, the likely classification
of an unclassified film or computer game must be
assessed before it is advertised with already classified
material, and it may only be advertised with material
that has been classified the same or higher than
its assessed likely classification. The assessment
of likely classification can be made by the Board
on application, or by an appropriately trained and
authorised industry assessor.
During the reporting period the Board made
53 assessments of the likely classification of films
and 5 assessments of the likely classification of
computer games.
Certificates of exemption for films
or computer games
Certain categories of films and computer games are
exempt from classification under the Classification Act.
The Board may grant a certificate stating that a film or
computer game is exempt from classification under
section 28B of the Classification Act. The Classification
(Markings for Certified Exempt Films and Computer
Games) Determination 2005 establishes the exempt
markings. Only computer games and films certified as
exempt from classification by the Classification Board
can display these exempt markings.
Advertisements
The Classification Board did not receive any
applications for approval of advertisements under
section 29 of the Classification Act.
Advertising assessments
The Classification Board did not receive any applications
to certify films or computer games as exempt from
classification during the reporting period.
02 STATISTICS
On 1 July 2009 a new scheme for advertising
unclassified films and computer games commenced.
The scheme removes the previous prohibition on
advertising unclassified films and computer games
and allows advertising subject to conditions set out
in the Classification (Advertising of Unclassified Films
and Computer Games Scheme) Determination 2009.
4 The reason for refusing a computer game classification refers
to the relevant item of the National Classification Code.
32
Fee waivers
The Classification Act allows the Director to waive
all or part of fees payable under the Classification
Act in specific circumstances, such as where it is
in the public interest to do so for public health
or educational reasons. There are also fee waiver
provisions for non-profit organisations and for
special interest material with a limited distribution
in some circumstances (eg, a short film from a new
or emerging film maker) and where, in the Director’s
opinion, it is in the public interest to waive all or
part of the fee. The Director granted 34 fee waivers
during the reporting period. There were no refused
applications for fee waivers.
Table 13 Fee waiver applications granted
Fee waivers granted
Full fee waiver
22
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Classification services for the
public good
In addition to making classification decisions about
material for commercial release, the Classification
Board also:
++ classifies films, publications and computer games
for enforcement agencies, such as State and
Territory police5, and
++ classifies material on application for Australian
Customs and Border Protection Service.
Enforcement agencies
The Classification Board classifies films, publications
and computer games submitted by enforcement
agencies, such as State and Territory police. These
classification decisions are often used in legal
proceedings undertaken by the agency involved.
Full fee waiver
11
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Full fee waiver
0
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Publications
Full fee waiver
1
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Total
34
5The Classification (Publications, Films and Computer Games)
Regulations 2005 provide each State and Territory with 100 free
‘eligible documents’ each calendar year if the request for the
eligible document relates to the enforcement of the State or
Territory law for the purposes of the classification scheme.
‘Eligible documents’ include an application for classification
and a section 87 certificate. Amendments to the Regulations
which commenced on 1 July 2010 allow enforcement agencies
to count both the application for classification and the section
87 certificate as a single eligible document. This change
effectively doubles the number of free eligible documents
that can be requested.
02 STATISTICS
Computer games
33
Publications
Films –
other
Section 87
certificates6
Total
Australian Federal Police
0
0
0
0
ACT Office of Fair Trading
0
1
8
9
NSW Police
6
27
46
79
NT Police
0
0
1
1
Qld Police & Qld Office of Fair Trading
0
0
0
0
Victoria Police
1
45
44
90
SA Police
2
0
3
5
Tasmania Police
0
0
0
0
WA Police
0
1
1
2
Australian Defence Forces Investigative Services (ADFIS)
0
0
0
0
Australian Customs and Border Protection Service
0
5
4
9
Total
9
79
107
195
Enforcement agency
There were no enforcement applications for public
exhibition films or computer games in 2009–10.
Table 16 Internet content refused classification
by reason
Online content
Reason
Under Schedule 7 of the Broadcasting Services Act
1992, the Classification Board classifies online content
on application from ACMA and other applicants.
Film RC 1(a)
34
Film RC 1(b)
4
Film RC 1(c)
14
Film RC 1(a) & 1(b)
21
Film RC 1(a) & 1(c)
4
S 9A (2) (c)
1
Table 15 Internet content decisions
by classification
02 STATISTICS
Classification
34
G
4
PG
43
M
31
MA 15+
43
R 18+
48
X 18+
10
RC
78
Unrestricted
Total
1
258
Total
Number
78
6 A section 87 certificate is an evidentiary certificate that describes
the action taken, or not taken, by the Classification Board in
relation to a publication or film. This evidentiary certificate is
issued under section 87 of the Classification Act.
+
DECISIONS
Publications
Classifications
Only ‘submittable publications’ must be classified
before they can legally be advertised or distributed
in Australia.
There are four classifications for publications
– Unrestricted, Category 1 restricted,
Category 2 restricted and RC (Refused Classification).
Section 5 of the Classification Act defines
a submittable publication to mean:
The Guidelines for the Classification of Publications are
used by the Classification Board when classifying
publications. They explain the different classification
categories and the scope and limits of material
suitable for each category.
an unclassified publication that, having
regard to section 9A or to the Code and the
classification guidelines to the extent that
they relate to publications, contains depictions
or descriptions that:
Unrestricted
a. are likely to cause the publication to be
classified RC; or
b. are likely to cause offence to a reasonable
adult to the extent that the publication
should not be sold or displayed as an
unrestricted publication; or
c. are unsuitable for a minor to see or read.
The Classification Act provides the Director of
the Classification Board with the power to call in
a publication for classification if the Director has
reasonable grounds to believe that it is a submittable
publication and that the publication is being
published in an Australian jurisdiction.
02 DECISIONS
It is the responsibility of distributors to ensure
that they meet classification requirements for
publications. The enforcement legislation in some
states and territories provides that it is an offence
to sell or deliver a submittable publication that has
not been classified.
35
The Unrestricted classification covers a wide range
of material. Unrestricted publications may contain
classifiable elements such as sex and nudity with
some detail but the impact should not be so strong
as to require legal restriction to adults.
A special consideration of the Classification Board
in classifying publications is the suitability of covers
for public display. There are specific criteria for the
assessment of covers, which specify that the impact
of any descriptions or depictions and references
on covers should be low. This accords with one of
the principles of the Code, namely that everyone
should be protected from exposure to unsolicited
material that they may find offensive. Publications
with covers that are not suitable for public display
cannot be classified Unrestricted.
The game includes discreet references to drugs and
themes. In the Board’s view, the game’s irreverent
tenor and discreet descriptions and depictions of
drug and other thematic elements mitigates the
overall impact of the publication to the extent
that it can be accommodated at Unrestricted
with consumer advice of ‘M – not recommended
for readers under 15 years’.
At the request of the Minister for Home Affairs,
this classification was reviewed by the Classification
Review Board which also classified the publication
Unrestricted with consumer advice of ‘M – not
recommended for readers under 15 years’.
See page 63.
Category 1 Restricted
Generally, there are no restrictions on the sale or
display of Unrestricted publications. However, the
Classification Board can apply consumer advice not
recommending the publication for readers under 15.
During the reporting period, a total of 284
classification decisions were made in relation
to commercial applications for the classification
of publications. This figure includes 59 serial
publication declarations.
Out of the total of 284 classification decisions
for publications, 84 publications were
classified Unrestricted.
02 DECISIONS
Publications classified Unrestricted by the
Board during the reporting period include a
35 page publication containing landscape and
portrait photography by the artist Bill Henson.
The publication was submitted for classification
by the Roslyn Oxley9 Gallery in advance of an
exhibition it was holding of Bill Henson photographs.
The publication, titled Bill Henson, Exhibition at
Roslyn Oxley9 Gallery, 6-27 May 2010, contained still
images that are mainly of landscapes and images
of Romanesque columns and statues, as well as
ten portrait images of a long haired female model.
In the opinion of the Board, the contents of the
display book are bona fide artwork and the Board
classified the publication Unrestricted.
36
Another publication classified Unrestricted by the
Board was Hydro Lord – The Game. This publication
consists of a board game which is similar in game
play format to Monopoly in which players move
tokens around a board. The players purchase
a ‘set-up’ (implicitly a marijuana crop) and the
winner is the first player to earn the largest set-up.
During the reporting period, of the total of
284 publications classified (including 59 serial
publication declarations), 164 publications were
classified Category 1 restricted.
Category 1 restricted publications may include
realistic depictions of nudity, realistic depictions of
sexual excitement and detailed descriptions of sexual
activity between consenting adults. Actual sexual
activity may not be shown.
Category 1 restricted publications can only be sold
to persons 18 years of age and over and must be
displayed in a sealed wrapper. The Classification
Board can impose a further condition that the sealed
wrapper is made of opaque material. Category 1
restricted publications cannot be sold in Queensland.
Serial classifications for publications
On application, the Classification Board can issue
a serial classification declaration. This means that
a classification (and conditions, if applicable)
given to one issue of a periodical will apply to
a specified number of future issues of the same
periodical. Publishers must ensure that the future
issues do not have content at a higher level than
the serial declaration allows.
During the reporting period, 59 periodicals were
granted a serial classification declaration. Of these,
six were for a 24 month duration, 52 were for a
12 month duration and one was for a 6 month duration.
The Classification Board audits publications covered
by serial classification declarations. During the
reporting period, 49 audits were undertaken.
After failing an audit, 7 publications had their serial
classifications revoked during 2009–10.
During the reporting period, of the total of
284 publications classified (including 59 serial
publication declarations), 33 publications were
classified Category 2 restricted.
Category 2 restricted publications may include
realistic depictions of actual sexual activity
involving consenting adults. They may also include
descriptions and depictions of stronger fetishes
than those which can be accommodated at the
Category 1 restricted classification.
Category 2 restricted publications can only be sold
to persons 18 years of age and over and can only be
displayed in restricted premises. Category 2 restricted
publications cannot be sold in Queensland.
RC (Refused Classification)
Publications classified RC cannot be sold or displayed
in Australia. During the reporting period, of the total
of 284 publications classified (including 59 serial
declarations), three publications were classified RC.
Once the serial classification is revoked, the audited
issue and all future issues become unclassified.
The publisher must then submit each issue for
classification, or apply for another serial classification
declaration, before they can sell the publication.
If the Classification Board revokes the serial
classification of a title, law enforcement agencies
are notified as it is generally an offence to sell an
unclassified submittable publication in the Australian
States and Territories.
Films and computer games
The Guidelines for the Classification of Films
and Computer Games (the Guidelines) explain
the different classification categories and the
scope and limits of material suitable for each
category. Three essential principles underlie the
use of the Guidelines; the importance of context,
assessing impact and the six classifiable elements
(themes, violence, sex, language, drug use
and nudity).
02 DECISIONS
The Guidelines also provide a single set of
symbols for both films and computer games
to help consumers decide what they and those
in their care will watch and play.
37
Large food items fall from the sky and the townsfolk
run around frantically in fear and buildings are
destroyed. The Classification Board found that the
themes contained in the film have a very low sense
of threat and menace and are justified by context.
Films
Out of the total of 4,783 commercial films classified
in 2009–10, 817 films were classified G (General).
The G classification is for a general audience.
While many films at the G classification are targeted
towards children, it does not necessarily mean
that children will enjoy all films classified G.
Some material that is classified G may be of no
interest to children such as some documentaries
or particular music DVDs. Popular G films during
the reporting period included Toy Story 3,
Michael Jackson’s This Is It, Cloudy with a Chance
of Meatballs and The Princess and the Frog.
Although not mandatory at G, the Classification
Board may include consumer advice in order to assist
consumers and parents to make a more informed
entertainment choice for themselves and those in
their care. Toy Story 3 carries the consumer advice
‘Some scary scenes’ as the film contains some scenes
which present a very mild sense of threat that some
children may find scary. For example, some of the
toy characters are on a conveyor belt at the rubbish
dump which is rapidly approaching a large fiery
incinerator and, after their pleas for help are ignored,
the toys fall into the pit that has the incinerator at
the bottom. Suspenseful music adds to the sense
of threat in this scene. Right before the toys reach the
bottom a large mechanical claw lifts them to safety.
In the opinion of the Classification Board, the impact
of such scenes is mitigated by their context in a light
hearted, animated children’s film about talking toys.
02 DECISIONS
The film Michael Jackson’s This Is It contained
classifiable elements of violence and sex which
the Classification Board found to be very mild in
viewing impact and could be accommodated
at the G classification. The Board did not assign
consumer advice.
38
The animated children’s film Cloudy with a Chance
of Meatballs was found by the Classification Board
to contain the classifiable elements of themes and
violence that are very mild in viewing impact and do
not warrant consumer advice. An example of a very
mild impact theme is when a large spaghetti and
meatball tornado forms above the city.
The Princess and the Frog was also classified G by
the Classification Board. The classifiable elements
are violence and language that are very mild in
viewing impact. Examples of the infrequent and
very mild language include instances of ‘damn’ and
‘butt’. The film’s scenes of very mild violence have a
low sense of threat and menace and are justified by
context. In the Classification Board’s view, the threat
and menace in such scenes are mitigated by the
colourful and comedic villains, the rapid dissipation
of threat, and the overall tone of the film which
is a love story. The Board assigned the consumer
advice ‘Some scenes may scare young children’ to
the subsequent version of the film which was not
for public exhibition and which was also classified
G during the reporting period. The Board was of
the view that consumer advice was warranted for
the not for public exhibition version of the film as
the scenes that may scare young children are at the
upper limits of what can be accommodated at G.
Hubble 3D is a 3D IMAX format film which
allows viewers to accompany space-walking
astronauts as they prepare to repair the lens of the
Hubble space telescope. It includes close up footage
of constellations, galaxies and life inside a space
shuttle. The Board found that the film contained
no classifiable elements and therefore warranted
a G classification.
Series of television programs such as
Hannah Montana, Masterchef, I Love Lucy, Alf,
Thomas and Friends were classified G during
Computer games
The G classification is the largest classification for
computer games. Out of a total of 1,055 computer
games classified during 2009–10, 621 computer
games were classified G.
Computer games classified G are suitable for a
general audience. The violence should be very
mild with little threat or menace to characters.
Examples of computer games classified G during
the reporting period are Super Mario Galaxy 2,
Wii Fit Plus, Zenonia and Rugby League Live.
Wii Fit Plus was also classified G in the reporting
period. The game involves activities that are designed
to stimulate exercise. Using a balance board,
the player interacts with the game by choosing
one of four main categories of exercise.
Zenonia is an action role-playing game in which
the playable character seeks out the reason for
the death of his adoptive father at the hands of a
demon. The Classification Board is of the view that
the violence contained in the game has a low sense
of threat or menace that is justified by context.
In the Board’s view, the highly stylised presentation
of the game, with the arcade style graphics,
mitigates the impact of the violence which does
not exceed very mild considering this lack of detail.
The fighting and attacks are, however, constant
throughout the game and as such, the Board,
in classifying the game G, considered the consumer
advice of ‘Very mild violence’ to be appropriate.
Rugby League Live is a third person perspective
sports game in which players select their favourite
rugby league team and play rugby league in one off
matches or for multiple seasons. The Classification
Board found that the game contains violence
that is very low in playing impact and has a low
sense of threat or menace that is justified by the
context of the game based on a contact sport.
Animated players tackle and bring down other
players. No depictions of injury, blood or wound
are contained in the game. The Board classified the
game G and assigned consumer advice of ‘Caution:
Gaming experience may change online’ as the game
features peer to peer connectivity without filters or
other restrictions for coarse language.
Films
Out of the total of 4,783 commercial films
classified in 2009–10, 1,022 films were classified PG
(Parental Guidance).
Parental guidance for persons under 15 is
recommended for films in this classification,
as some children may find the material confusing
or upsetting and require the guidance of parents or
guardians. Some public exhibition films classified PG
in the reporting period included Alice in Wonderland,
Shrek Forever After, Where the Wild Things Are,
Bran Nue Dae and Coraline.
Alice in Wonderland was classified PG with the
consumer advice ‘Fantasy violence and scary scenes’.
The Classification Board found that the classifiable
element was violence that is mild in viewing
impact, infrequent and justified by context. In the
Classification Board’s view, the consumer advice of
‘fantasy violence’ best describes the style of violence
in the film and the additional consumer advice of
‘scary scenes’ is also warranted as some scenes may
frighten younger children. The Board issued a media
release about this decision.
Shrek Forever After was classified PG with the
consumer advice ‘Mild themes and animated
violence’. The Classification Board was of the opinion
that the film contains themes that have a low sense
of threat or menace and are justified by context.
The film contains themes in the form of witchcraft
and magic. An example is when Shrek’s body turns
into gold dust and he falls to the ground. Fiona
holds Shrek in her arms and kisses him as the rest
of his body rapidly disintegrates into gold dust
and vanishes.
The film Where the Wild Things Are is a live action
rendering of the well-known children’s book by of
the same name in which the main character Max
journeys to a mystical land where he becomes king
of the wild things. The film brings to life the huge
and fearsome creatures of the book. Their raucous
behaviour, coupled with their size in comparison to
the diminutive Max – a real child actor – creates an
impact that is mild. The Classification Board classified
the film PG with consumer advice of ‘Mild violence
and scary scenes’.
02 DECISIONS
Super Mario Galaxy 2 is a platform game featuring
the Nintendo mascot character Mario who travels
to outer space. The player takes him on journeys
across various worlds, collecting stars to fight the
evil Bowser and rescue the Princess. The Classification
Board found that the impact of the game was very
mild and it could be accommodated within the
G classification.
39
Bran Nue Dae was classified PG with consumer
advice of ‘Mild violence, sexual references and
coarse language’. The Classification Board noted
that, although the classifiable elements are violence,
sex and language that are mild in viewing impact,
the film also contains themes and drug use that can
be accommodated within a lower classification.
The Classification Board found that the animated film
Coraline contained themes that are mild in viewing
impact and classified the film PG with consumer
advice of ‘Menacing themes and scary scenes’.
Pitched as something of a gothic horror film for
children, the main character, Coraline, discovers an
alternative reality where people from the real world
(including her parents) exist but have buttons for
eyes. A low sense of threat or menace is sustained
throughout the film.
3D format films that were classified PG during
the reporting period include A Christmas Carol 3D,
G-Force 3D and Street Dance 3D.
Series of television programs that were classified
PG in the reporting period include The Cosby Show,
The Love Boat, Man vs Wild and The Simpsons.
Iron Man 2 is a single player, action-adventure,
side-scrolling game for the Nintendo DS platform.
The Board found that the violence in the game has a
mild impact. There is no bloodshed, the graphics are
simplistic and, as the game is played on Nintendo DS,
the screen is small and the impact is lessened.
The Board classified the game PG with consumer
advice of ‘Violence’.
Super Street Fighter IV is a martial arts fighting game
in which the player engages in one-on-one combat
with various opponents. The Classification Board
found that the game contains infrequent violence
that is mild in playing impact and is justified by
context. The game is a highly stylised arcade style
fighting game. Game play includes punching,
kicking and throwing with some weaponry.
Impact colour flashes and sounds are seen and
heard with no blood or injury shown during the
game, mitigating the impact of the violence.
The Classification Board classified the game PG
with consumer advice of ‘Mild violence, gaming
experience may change online’.
Computer games
Computer games classified PG should have a mild
impact. PG computer games are not recommended
for playing by persons under 15 years without
guidance from a parent or guardian as they may
contain content that is confusing or upsetting.
The Board classified 1,055 computer games
in 2009–10, and 246 computer games were
classified PG.
Titles classified PG during the reporting period
included Guitar Hero: Warriors of Rock, Toy Story 3,
Iron Man 2 and Super Street Fighter IV.
02 DECISIONS
Guitar Hero: Warriors of Rock is a multi platform music
game in which players can play guitar, drum or sing
along to classic rock anthems. Players may also go
on a quest to release the hero from his granite tomb
and fight the beast. The Board classified the game
PG with consumer advice of ‘Mild themes, violence,
sexual references and coarse language’.
40
Toy Story 3 is a modified version of the multi platform
action adventure game based on the animated
feature film of the same name. Players take on the
role of various characters from the film. This modified
version includes an additional weapon of dynamite.
The Board classified the game PG with consumer
advice of ‘Mild animated violence’. The original
version of the game was classified G.
Films
The M (Mature) classification is the largest
classification category for films.
in 2009–10, 1,272 films were classified M.
Films classified M are not recommended for persons
under 15 years of age. Accordingly, they require
a mature perspective of audiences of 15 years
or over. There are no legal restrictions on access
and ultimately, it is the responsibility of parents
or guardians to make decisions about appropriate
entertainment material for their children and to
provide adequate supervision.
Films classified M by the Classification Board during
the reporting period included Harry Potter and the
Half-Blood Prince, The Karate Kid, Avatar, Julie and Julia,
and two films from the popular Twilight series
New Moon and Eclipse.
The Karate Kid is a remake of the 1984 film of the
same name. The Classification Board classified the
film M with consumer advice of ‘Martial arts violence’.
element for the film is violence that is moderate
in viewing impact, and also noted that the film
contains themes and coarse language that can
be accommodated at a lower classification.
In the Classification Board’s view, the impact of the
violence is heightened by the use of accentuated
sound effects, replay and slow motion techniques,
the ages of the children involved and by post action
visuals implying injury and pain. Having given due
consideration to the contextualisation of the violence
within the film’s narrative, the Board is of the opinion
that its impact exceeds mild and the film is therefore
appropriately classified M with consumer advice of
‘Martial arts violence’.
On application from the film’s distributor,
the M classification for The Karate Kid was reviewed
by the Classification Review Board which classified
the film PG with consumer advice of ‘Action violence,
bullying violence and themes’. See page 63.
Another film classified M by the Classification
Board in the reporting period was the film Avatar.
The film contains violence that the Board found to
be justified by the context of a story about conflict
between armed forces and a primitive warrior race.
The consumer advice assigned by the Board is
‘Violence’. The Board also noted that the film contains
language and themes that can be accommodated
within a lower classification.
Julie & Julia was classified M by the Classification
Board with consumer advice of ‘Infrequent coarse
language’. Coarse language may be used at M.
Aggressive or strong coarse language should be
infrequent and justified by context. The film contains
one use of coarse language with a moderate
impact. The film also contains occasional uses
of coarse language which can be accommodated
at a lower classification.
On application from the film’s distributor,
the M classification for Julie & Julia was reviewed by
the Classification Review Board which classified the
film PG with consumer advice of ‘Infrequent coarse
language’. See page 63.
During the reporting period, two films in the
Twilight series, New Moon and Eclipse, were classified
M with the consumer advice ‘Supernatural themes
and violence’. Both films contain themes involving
supernatural concepts which are inextricably
linked to depictions of violence that are moderate
in viewing impact. The Classification Board found
these elements to be justified within the context
of a storyline involving vampires. In relation to
Eclipse, the Board noted that the combination of the
supernatural thematic element with the associated
violence creates a cumulative sense of threat and
menace that is moderate in viewing impact.
An example of a 3D format film classified M in the
reporting period was Harry Potter and the Half Blood
Prince. The film received the same classification
and consumer advice (‘Fantasy violence’) as the
2D version.
Series of television programs that were classified M
in the reporting period included All Saints, 30 Rock,
Hornblower and Murder She Wrote.
Computer games
Computer games classified M are not recommended
for persons under 15 years of age. The impact of
classifiable elements should be no higher than
moderate and playing is recommended for mature
audiences. Out of the total of 1,055 computer games
classified during 2009–10, 108 computer games were
classified M.
Ninety-two percent of computer game classifications
the G category.
Computer games classified M during the reporting
period included Assasin’s Creed II: Discovery, Tekken 6,
James Cameron’s Avatar the Game, World of Warcraft
and two add-ons for World of Warcraft,
Wrath of the Lich King and The Burning Crusade.
02 DECISIONS
Harry Potter and the Half Blood-Prince was classified M
with consumer advice of ‘Fantasy violence’. The violence
in the film is set in a world where characters use magic
and witchcraft, where strange creatures and beasts
abound and dark and menacing villains attempt to kill
and cause havoc. The Classification Board found that
the moderate impact fantasy violence is justified by
context, and that the violence is at the lower end of
that which can be accommodated at M.
41
Assassin’s Creed II: Discovery is a third-person, side
scrolling, fantasy quest game for the Nintendo DS
format. The Classification Board found that the
game contains moderate impact violence that is
justified by context. The violence is sword-based
and bloodless and the characters disappear after
they are killed. Selected kills are shown in a close-up,
full motion video and it is these kills that, in the
Board’s opinion, have a moderate impact. As such,
the game was classified M with consumer advice
of ‘Violence’.
Tekken 6 was also classified M with consumer advice
of ‘Violence’ in the reporting period. Tekken 6 is a
‘beat ‘em up’ game where the player can control a
variety of characters that each have their own unique
fighting techniques and compete against different
opponents to become champion.
James Cameron’s Avatar the Game is a multi platform
computer game that is based on the film Avatar.
The player can choose to be an alien (Na’vi) or a
human and can move through 16 different levels
to complete the game. The game contains violence
that is justified by context. The Board is of the
opinion that the sustained and frequent nature
of the violence, as well as the realistic sound effects,
increase the overall impact of the violence to a
moderate level. The Board classified the game M
with consumer advice of ‘Violence’.
02 DECISIONS
World of Warcraft, the fourth core game in the
Warcraft series, is a multiplayer role-playing game
set in a fictional universe which can only be
played online. The primary goal of the game play
is character development, and progression in the
game is non-linear with no clearly defined end.
In the Board’s opinion, the cumulative impact of
numerous and varied depictions of violence as
well as the interactive mode of game play result
in a level of impact which requires a mature
perspective. As such, the Board found that the game
warrants an M classification with consumer advice
of ‘Fantasy violence, online content variable’ as
the game is only playable online.
42
Two add-ons for World of Warcraft (Wrath of the
Lich King and The Burning Crusade) were also classified
M ‘Fantasy violence, online content variable’ during
the reporting period. These add-ons introduce new
quests, playing zones and character classes to the
original game.
Films
Films classified MA 15+ (Mature Accompanied)
are not suitable for persons under 15 years of age.
It is a legally restricted category, which means that
people under 15 years of age must be accompanied
by a parent or adult guardian to attend or hire a
MA 15+ film.
in 2009–10, 781 films were classified MA 15+
(Mature Accompanied).
MA 15+ films contain themes, violence, sex,
language, drug use or nudity that have a strong
impact. Films classified MA 15+ during the reporting
period included The Girl with the Dragon Tattoo,
Kick-Ass, The Hurt Locker and Stone Bros.
The Classification Board classified The Girl with
the Dragon Tattoo MA 15+ with consumer advice
of ‘Strong sexual violence, coarse language and
sex scene’. The Classification Board noted that
throughout the film there is a theme of child abuse,
incest and other instances of violence as a result of
sexual abuse. The Classification Board also noted that
the film contains violence and themes but that these
can be accommodated at a lower classification.
Kick-Ass was classified MA 15+ with consumer
advice of ‘Strong violence, coarse language and
sexual references’. The Classification Board found
the violence and the coarse language to be relatively
frequent and strong in impact. The Classification
Board noted that the film also contains sexual
references which could be accommodated at a
lower classification. In the Board’s view the sexual
references warrant additional consumer advice.
The Board issued a media release about this decision.
The Hurt Locker is an intense portrayal of elite
soldiers who disarm bombs in the heat of combat.
The Classification Board classified the film MA 15+
with consumer advice of ‘Strong themes,
violence and coarse language’. The Classification
Board found that the classifiable element is strong
impact themes. The themes surround the war in Iraq
and the disarming of improvised explosive devices
or bombs. The suspenseful and emotional build up
of the action increases the overall impact of the film.
Stone Bros is a film about a young Aboriginal
man who, with his marijuana-obsessed cousin,
embark on a spiritual journey. The classifiable
element in the film is drug use that is strong in
viewing impact. The film contains numerous
visuals of explicit marijuana smoking and the
hallucinatory effect of consuming the illicit drug.
The Classification Board notes that the film contains
coarse language and sexual references that can
be accommodated within a lower classification.
The Board classified the film MA 15+ with consumer
advice of ‘Strong drug use’.
this classification was reviewed by the Classification
Review Board which also classified the film MA 15+
and assigned new consumer advice of ‘Drug use
with strong impact’. See page 63.
An example of a 3D film classified MA 15+ in
the reporting period is The Final Destination 3D.
The violence in this 3D film is in the form of
accidents resulting in gruesome wounds and
deaths, mostly viewed via post-action visuals.
These accidents also make use of the 3D format
to startle the viewer and to send blood and flesh
in the viewer’s direction. The Board noted that the
depictions of violence are mitigated by the schlock
style nature of the effects and storyline, the overall
tone of the film and the fact that the violence is
inflicted by a series of events which trigger accidents
rather than being inflicted by a person upon another.
Board notes that the film also contains sexual
activity that is strong in impact and language that
can be accommodated within a lower classification.
The Board assigned consumer advice of ‘Strong
horror violence and sex scene’.
Series of television programs classified MA 15+
during the reporting period include Underbelly III –
The Golden Mile, Grey’s Anatomy, Law & Order and CSI.
Computer games
Computer games classified MA 15+ are not suitable
for persons under 15 years of age. It is a legally
restricted category which prevents the purchase or
hire by persons under 15 years of age unless they are
accompanied by a parent or adult guardian. Out of
the total of 1,055 computer games classified during
2009–10, 76 computer games were classified MA 15+.
Computer games classified MA 15+ during the
reporting period included Call of Duty: Modern
Warfare Reflex, God of War III and Read Dead
Redemption.
Call of Duty: Modern Warfare Reflex is a first person
shooter game for the Nintendo Wii. The Board
classified the game MA 15+ with consumer advice
of ‘Strong violence’. The game contains violence
that is strong in impact and justified by context.
Players fire handheld weapons such as sniper
rifles and machine guns, throw grenades and
perform melee attacks. When opponents are shot,
some blood spray is seen and occasionally blood
pooling is depicted after opponents fall to the
ground dead. The Board found the violence to be
strong in playing impact and justified by context.
God of War III is a Playstation 3 action-adventure
game based on Greek mythology. The player plays
a character who sets out to seek revenge against
the gods who have betrayed him. The Classification
Board classified the game MA 15+ with consumer
advice of ‘Strong violence, sexual references and
nudity’. The game contains violence that is strong
in impact and justified by the context of Spartan
warriors battling Greek gods. Although prolonged
and intense, the Board found the violence to
be mitigated by the mythical, fantasy context.
The Board noted that the game contains sex and
nudity that can be accommodated within a lower
classification, however, in the context of this game,
warrant additional consumer advice.
The computer game Red Dead Redemption was
classified MA 15+ with consumer advice of
‘Strong violence, coarse language and sex scene’.
The game is a third person perspective shooting
game set in America’s Mid-West at the turn of the
20th century and has the tone of the Western film
genre. The Board found that the classifiable elements
are violence, language and sex that are strong
in playing impact. The Board noted also that the
game contains themes and drug use that can be
accommodated within a lower classification.
02 DECISIONS
The Classification Board noted that the film contains
violence and coarse language that, due to their
frequency and realistic nature, warrant the additional
consumer advice of ‘Violence and coarse language’.
43
offence and the impact of classifiable elements to
the extent that the film could be accommodated
within the R 18+ classification. The Board issued
a media release about this decision.
The R 18+ (Restricted) classification applies to films
only. The classification category is wide in scope
giving effect to the Code principle that adults
should, with limited exceptions, be able to read,
hear and see what they want. The R 18+ classification
is legally restricted to adults. Children under 18
are not permitted to view R 18+ films in cinemas,
or to rent or buy them on video or DVD.
The impact of material classified R 18+ should not
exceed high. Some material classified R 18+ may be
offensive to some sections of the adult community.
Out of the total of 4,783 commercial films classified in
2009–10, 158 films were classified R 18+ (Restricted).
Films classified R 18+ during the reporting period
included Salo o le 120 Giornate di Sodoma (Salo),
The Horseman, and Antichrist.
The Horseman is a film about a grieving father who is
determined to find out the truth about the death of
his estranged daughter and exact brutal vengeance
on those responsible. The film was classified R 18+
by the Classification Board with the consumer
advice ‘High impact violence’. In making its decision,
the Classification Board noted that, though the
infliction of violence is often obscured or off-screen,
a high viewing impact is caused by the cumulative
effect of prolonged scenes of violence and torture,
as well as the use of realistic post-action visuals.
element is violence that is high in viewing impact
and noted that its classification decision was made
with respect to the cumulative impact of the
entire film and not in relation to individual scenes
contained therein.
Antichrist was also classified R 18+ by the
Classification Board. The film explores the darker
sides of relationships and issues including the impact
of loss, grief, guilt and fear as a couple comes to
terms with the death of their young son. The film
contains violence and sexualised violence that is high
in viewing impact. The Classification Board found
that the narrative contextualises the film’s violence.
The sexual activity in the film was also found by the
Classification Board to be high in viewing impact.
The Board noted that the sexual activity is brief,
contextualised by the narrative and falls outside
that of X 18+ material ie, that which contains only
sexually explicit material. As such, the Board was
of the view that the sexual activity contained in the
film can be accommodated at R 18+. In its decision
report, the Board noted that some material
classified at R 18+ may be offensive to sections of
the adult community. The Board also noted that
the film contains nudity and coarse language
that can be accommodated within a lower
classification. The Board assigned consumer
advice of ‘High impact violence and sexual activity’.
02 DECISIONS
A modified DVD version of the film Salo was
submitted for classification as a two disc release
which also contained a trailer for the film, a music
film clip and documentary features. The film has
a lengthy classification history and, in a number of
different versions, has been variously classified R 18+
and RC (Refused Classification). A previous version
of the film was recently classified RC in July
2008. The 1975 film explores themes of torture,
degradation and sexual violence in the context of a
narrative about a group of fascist libertines detaining
16 young males and females during World War II.
the R 18+ classification was reviewed by the
Classification Review Board which also classified
the modified version of the film R 18+ and left
the consumer advice unchanged. See page 63.
The Classification Board classified this most recent
version of Salo R 18+ with the consumer advice of
‘Scenes of torture and degradation, sexual violence
and nudity’. In the opinion of the Board, the film
had a high viewing impact and may be offensive to
sections of the adult community. The Board found
that the classifiable elements for the film are themes,
violence and nudity that are high in viewing impact.
The film contained violence that is high in viewing
impact as well as implied sexual violence that is
high in impact and justified by context. Within the
R 18+ classification there are virtually no restrictions
on the treatment of themes. In the opinion of the
Board, the inclusion of additional documentary
material provided the film with a broader cultural
and historical context, which mitigated the level of
44
Within the R 18+ classification category sexual
activity may be realistically simulated. The majority
of R 18+ ‘adult’ films that feature simulated
sexual activity carry the consumer advice
‘Mainly concerned with sex’.
An example of a film classified X 18+ by the
Classification Board during the reporting period
is Club Jenna’s Casting Couch 4, which is a film
containing sexual activity between consenting
adults. The Board assigned consumer advice of
‘Explicit sex’.
Films
Films classified X 18+ can contain real depictions
of actual sexual activity between consenting adults
in which there is no violence, sexual violence,
sexualised violence, coercion, sexually assaultive
language or fetishes or depictions which
purposefully demean anyone involved in that
activity for the enjoyment of viewers, in a way that
is likely to cause offence to a reasonable adult.
Films will be classified RC if they contain depictions
of practices such as bestiality or have gratuitous,
exploitative or offensive depictions of sexual activity
accompanied by fetishes or practices which are
offensive and abhorrent. They will also be classified
RC if they contain gratuitous, exploitative or offensive
depictions of incest fantasies or other fantasies
that are offensive and abhorrent. Films containing
descriptions or depictions of child sexual abuse or
any other exploitative or offensive descriptions or
depictions involving a person who is, or appears to
be, a child under 18 years, will also be classified RC.
The majority of films that are classified RC are sexually
explicit films containing these prohibited elements.
in 2009–10, (4,361 of which related to applications
for films not for public exhibition) 714 films were
classified X 18+.
Films that have been classified RC cannot be legally
sold, hired or exhibited in Australia.
Computer games
Australian Government and State and Territory
Government Ministers with responsibility
for classification who must agree to the
Code and Guidelines have decided that the highest
classification for computer games is MA 15+.
Accordingly, computer games with a playing impact
that exceeds the MA 15+ classification will be RC.
In 2009–10, out of the total of 1,055 computer games
classified, four computer games were classified RC.
Computer games classified RC during the reporting
period included Aliens vs Predator, Left 4 Dead 2,
Crimecraft and Risen.
Aliens vs Predator is a first person, science fiction
shooter game which can be played in single player
or multi player modes. The player is assigned a
mission which involves combat with a range of
player and non-player characters. The game is set in a
futuristic alien environment. The Classification Board
found that the depictions of violence in the game
are accompanied by copious amounts of blood
and gore, including ample wound detail and visible
skeleton. In the opinion of the Board, the violence
in the game causes a high playing impact due to
its first-person, close-up perspective, conceptual
nature and the level of explicit detail involved in
the depictions. The Board found the game to be
therefore unsuitable for a minor to see or play and
classified it RC.
02 DECISIONS
The X 18+ classification applies to films only. It is a
special and legally restricted category which contains
only sexually explicit material. That is material which
contains real depictions of actual sexual intercourse
and other sexual activity between consenting adults.
X 18+ films are restricted to adults 18 years and over
and are available for sale or hire only in the ACT and
parts of the NT.
Out of the total of 4,783 commercial films
classified in 2009–10, 19 films were classified RC
(Refused Classification). All of these RC classifications
related to applications for films not for
public exhibition.
45
On application from the game’s distributor, the RC
classification for Aliens vs Predator was reviewed by
the Classification Review Board which classified
the game MA 15+ with consumer advice of
‘Strong science fiction violence’. See page 63.
Left 4 Dead 2 is a first person action-shooting game
that can be played in single or multiplayer modes.
The Board found that the game contains violence
that is high in impact and unsuitable for persons
aged under 18 years to play and classified it RC.
The Board found that the game contains realistic,
frenetic and unrelenting violence which is inflicted
upon ‘the Infected’ who are living humans infected
with a rabies-like virus that causes them to act
violently. The Board was also of the view that the
interactive nature of the game increases the overall
impact of the frequent and intense depictions of
violence. This, coupled with the graphic depictions
of blood and gore, combine to create a playing
impact which is high.
On application from the game’s distributor, the RC
classification for Left 4 Dead 2 was reviewed by the
Classification Review Board which also classified
the game RC. See page 63.
02 DECISIONS
Crimecraft is another computer game that was
classified RC by the Board during the reporting
period. This multiplayer online game is a third person
shooting game set in a rundown city in which a
player can play in various modes. In the Board’s
opinion, there is insufficient delineation in the game
between the fictional drugs or ‘boosts’ available
to players in the game and real-world proscribed
drugs. Boosts parallel the names, chemical elements,
administration, treatment and addictive effects
of real-world proscribed drugs and, when used,
provide quantifiable benefits to a player’s character.
The Board found that the game therefore contains
drug use related to incentives or rewards and
classified it RC.
46
Risen is a role-playing game set on a medieval island
where the protagonist has to complete various
quests to avert the apocalypse. These include
quests which a player may choose to complete
by acquiring the sexual services of prostitutes.
The game also contains references to, and explicit
use of, a drug which, in the Board’s view, mirrors an
illegal ‘real-world’ drug in its terminology, use and
depiction. The player gains ‘experience points’ by
using the drug. In the Board’s opinion, this game
contains sexual activity and drug use related to
incentives or rewards and as such, classified it RC.
Other decisions
Online content
During the reporting period, the Classification Board
classified 258 online content items. This was an
increase on the 77 such classifications in the last
reporting year.
An example of online content referred to the
Board for classification includes what appeared to
be a page from the website Wikipedia, an online
user generated encyclopaedia, that was referred
from the Australian Communications and Media
Authority. The page is titled ‘Vulva’ and includes
five still photographs of female genitalia. The Board
notes that, as submitted, the content consists of text
which includes use of strong coarse language and
still pictures only and does not contain any context.
Within this context, the Board found that the content
warrants an M classification.
The Board also classified what appeared to be
another page from the website Wikipedia, that
was referred from the ACMA. The page is title
‘Mons Pubis’ and includes anatomical facts and
illustrations. The Board notes that, as submitted,
the content to be classified consists of text and still
pictures only and does not contain any context.
Within this context, the Board found that the
content warrants a PG classification.
The ACMA also referred to the Classification Board
three items of online content relating to the death
of a woman in an Iranian demonstration. The content
of the first of these items consists of what appears
to be a page from the Sydney Morning Herald
website and contains a newspaper article entitled
A Martyr Emerges from the Bloodshed and an
embedded video news story (with warnings to the
viewer about the distressing nature of the content)
which includes a depiction of the death of a woman
at a protest. In the opinion of the Board, the use of
brief low resolution footage and warnings to viewers
as well as the context of genuine news reportage
mitigate the impact of violence to the extent
that it does not exceed mild. Within this context,
the Board considered that the content warranted
a PG classification.
The second item referred by the ACMA consists
of what appears to be pages from the popular
YouTube website. The item consists of a page of
user generated comments relating to the woman’s
death and an accompanying video file in which
her death is depicted. The comments provide
The third item referred by the ACMA also consists
of what appears to be pages from a website and
contains 39 pages of user generated comments on
the woman’s death in an Iranian demonstration and
an accompanying video file which depicts her death
and carries a warning to the viewer regarding the
content. The Board found that the depictions of what
appears to be real violence and its effects in this item
are high in viewing impact and therefore warrant an
R 18+ classification.
Other examples of content referred by the ACMA and
classified R 18+ by the Board include what appears
to be a page from the website Wikipedia containing
a stylised depiction of fellatio and a still photograph
of explicit sexual activity between apparently
consenting adults. The Classification Board found
that the content contains sexual activity that is high
in viewing impact. In its decision report, the Board
referred to the Guidelines for the Classification of Films
and Computer Games which state that ‘context is
crucial in determining whether a classifiable element
is justified by the storyline or themes…this means
that material that falls into a particular classification
category in one context may fall outside it in
another’. The Board notes that, as submitted,
the content appears to be in the context of an online
encyclopaedia. Within this context, the Board found
that the content warrants an R 18+ classification.
The ACMA referred content to the Classification
Board which consists of a computer game titled
Enzai supplied on a laptop computer. The Anime
style game follows the story of a character
who is placed in jail and convicted of a murder
which he did not commit. Whilst in jail he suffers
physical and sexual abuse from guards and other
prisoners. The game is primarily an interactive
story, however, there are several options to choose
between to change the path of the storyline. In the
Board’s view this computer game warrants an RC
classification as it contains depictions of sexual
violence that depict matters of sex and violence in
such a way that they offend against the standards of
morality, decency and propriety generally accepted
by reasonable adults to the extent that it should
not be classified. It also contains descriptions and
depictions of child sexual abuse involving a person
who is, or who appears to be, a child under 18 years.
During 2009–10 the Director granted
510 exemptions to applicants to show unclassified
films at an event. These were primarily for film
festivals and special film events. One application for
exemption to show an unclassified film was refused.
Fee waivers
The Director made 34 decisions on applications
for waiver of classification fees.
Advertising assessments
The Board made 53 assessments of the likely
classification of films and five assessments of
the likely classification of computer games for
the purpose of advertising those products with
classified material.
Advertising approvals
No decisions were made to approve or not
approve advertisements under section 29 of the
Classification Act.
Exemption certificates
No decisions were made to certify films or games
exempt from classification under section 28B of the
Classification Act.
Revocation decisions
No decisions were made to revoke the classifications
of films or computer games under sections 21A,
21AA or 21AB of the Classification Act.
Call ins – publications
The Director exercised his powers under section 23
of the Classification Act and called in 49 publications
for classification during the reporting period.
No responses were received in relation to Director’s
call-in notices.
Call ins – films
The Director exercised his powers under section 23A
of the Classification Act and called in 444 films for
classification during the reporting period.
02 DECISIONS
a contextual background for the video footage.
The Board found that the depictions of what appears
to be real violence and its effects in this item are
high in viewing impact and therefore warrant an
47
+
CORRESPONDENCE
Complaints
The Classification Board seeks to reflect current
community standards in its decision-making
and feedback from the community is informative
and helpful.
The Classification Board received 1,092 complaints
in 2009–10. The Board had received 970 complaints
in 2008-09.
There were 16 complaints about publications,
194 complaints about public exhibition films,
91 complaints about films not for public exhibition
and 194 complaints about computer games.
Some titles received several complaints and other
titles only single complaints. Twenty complaints were
received about advertisements for films. There were
561 general complaints that there is not an R 18+
classification for computer games, and 14 complaints
about other matters.
02 CORRESPONDENCE
The films which attracted the most complaints
were Bruno, The Princess and the Frog, Kick-Ass,
A Christmas Carol, Land of the Lost and
The Girl With the Dragon Tattoo.
48
The computer games which attracted the most
complaints were Left 4 Dead 2, Call of Duty:
Modern Warfare 2 and Aliens vs Predator.
Many of those who complained about the decisions
for these computer games also requested the
introduction of an R 18+ for computer games.
Publications
The Classification Board classified 284 publications
(including 59 serial declarations) in the reporting
period. Three requests for information and sixteen
complaints were received about publications from
members of the public.
Of these eleven complaints related to books.
Seven of these concerned descriptions of sexual
or physical abuse of children in passages of the
books. Two complained of other offensive content
and two expressed the view that all books should
be classified.
Five complaints were received about sexual or
other inappropriate content in publicly displayed
magazines. Three of these magazines were ‘adult’
type publications and two were general interest
or lifestyle magazines.
Film – Public exhibition
The Classification Board received 194 complaints
concerning public exhibition films. This compares
with 120 complaints in 2008-09. The complaints were
about a small number of the titles which comprised
the 422 classification decisions relating to public
exhibition films in 2009–10.
There were 33 complaints about the film Bruno.
Complainants were concerned that the sexual
references and nudity were too explicit and
coarse language too strong for the classification.
Many suggested it should have been classified R 18+.
The public exhibition version of Bruno was classified
MA 15+ with consumer advice of ‘Strong sex scenes
and nudity, crude humour and coarse language’.
Eighteen complaints were received about
the G classified film The Princess and the Frog.
The complainants were concerned that the
G classification for the film was inappropriate,
and cited scary scenes and supernatural and
voodoo themes as being unsuitable for very young
audiences. While the Board did not assign consumer
advice for the public exhibition version of the film,
it did assign the consumer advice ‘Some scenes may
scare young children’ to the not for public exhibition
version of the film that was subsequently submitted
for classification. (For further information on the
Board’s classification of this film, see page 38).
Eighteen complainants expressed the view that
the classification of the film Kick-Ass was too low.
Complainants were concerned about the portrayal
of children in the film, and particularly their use
of strong coarse language. The film was classified
MA 15+ with the consumer advice ‘Strong violence,
coarse language and sexual references’.
Thirteen complaints were received about the
PG classification for A Christmas Carol. Complainants
were of the opinion that the film’s scary scenes
and dark themes were inappropriate for children,
and were generally of the view that it should
have been classified higher. A Christmas Carol was
classified PG with consumer advice for ‘Mild themes
and scary scenes’.
Land of the Lost attracted 12 complaints during
the reporting period. These concerned coarse
language and sexual references, which complainants
considered too strong or too frequent to be
accommodated at the PG classification. The film
was classified late in the 2008-09 reporting period
as PG with consumer advice of ‘Drug references,
sexual references mild violence and coarse language’.
The Girl with the Dragon Tattoo attracted 11
complaints. Most expressed the view that the
film should have been classified higher and made
particular reference to sodomy and rape scenes.
The film was classified MA 15+ with consumer advice
of ‘Strong sexual violence, coarse language and
sex scene’.
Titles such as Coraline, Paranormal Activity,
Harry Brown, Stone Bros, The Imaginarium of
Dr Parnassus and Bran Nue Dae all received fewer
than ten complaints each and complaints were
received about several other titles, covering a range
of issues, which accounted for the remainder of
the complaints.
Films not for public exhibition
There were 91 complaints about DVD releases of
films and television series. Again, the complaints
represented a small number of the titles of the
4,361 films not for public exhibition that were
classified in 2009–10.
A total of 24 complaints were received about the
Classification Board’s R 18+ classification for the film
Salo o le 120 Giornate di Sodoma (Salo). Four of these
complaints were received after the Classification
Board’s decision but prior to the Classification
Review Board’s R 18+ classification which was
made following an application for review from the
Minister for Home Affairs. (For more information on
the decisions of the Board and the Review Board,
see pages 44 and 63 respectively). A further 20
complaints were received after the Review Board’s
R 18+ classification decision. Only one of these 20
complaints referred specifically to the decision of
the Review Board as opposed to being a general
complaint about the film’s availability with an
Most complainants expressed the view
that Salo should have remained in the RC
(Refused Classification) category. This film has had
an extensive and controversial classification history
since it was made in 1975. One correspondent
expressed support for the R 18+ decision.
Four complainants expressed concern about the
sexual violence in the film Last House on the Left.
This film was classified R 18+ with consumer advice
for ‘High impact violence’.
The films Blue Elephant and Gamer each attracted
two complaints.
Blue Elephant was classified G, and the complainants
were concerned about the amount of battle violence.
Gamer was classified MA 15+ with consumer advice
of ‘Strong violence’. Complainants expressed concern
at the coarse language, nudity and sexual references.
02 CORRESPONDENCE
It should be noted that an application for another
version of the film, not for public exhibition,
was received with additional content. This version
was classified R 18+ with consumer advice of
‘Sexual activity and nudity’.
49
Single complaints were also received about
violence, nudity, sex, coarse language and drug
use in other films which, in the opinion of the
complainants, either placed the material in the
incorrect classification category or should have
been noted in the consumer advice.
Advertising for films
Computer games
The Classification Board received 194 complaints
in relation to the classification of computer games.
The Board made 1,055 classification decisions
for computer games in 2009–10. Some titles
received a large number of complaints while other
titles received single complaints but overall, the
complaints were about a small number of titles.
The Director of the Classification Board granted
510 exemptions to film festival organisers to show
unclassified films. No complaints were received in
relation to these decisions.
There were 156 complaints about Left 4 Dead 2, and
ten complaints about Call of Duty: Modern Warfare 2,
and ten complaints about Aliens vs Predator.
Of the 156 complaints about Left 4 Dead 2,
138 disagreed with the original RC classification
by the Classification Board. Following an application
for review of the Classification Board’s decision,
the Classification Review Board also classified the
game RC. A modified version was subsequently
classified MA 15+ by the Classification Board with
consumer advice of ‘Strong bloody violence’.
Seventeen complaints were received about the
game being modified to fit into the MA 15+
classification. One complainant could not tell
the difference between the MA 15+ version
and the one classified RC.
Nine correspondents complained that the MA 15+
classification for Call of Duty: Modern Warfare 2 was
too low, with many citing the violence and terrorism
themes. One complained of an inconsistency
between the classification of this game and
Left 4 Dead 2. This game was classified RC by the
Classification Board, but on appeal was subsequently
classified MA 15+ by the Classification Review Board,
with consumer advice of ‘Strong science
fiction violence’.
Twenty complaints were received about advertising
for films in the reporting period. Of these,
18 concerned the inappropriate placement of trailers
with films of a lower classification. Two complained
of coarse language in a trailer.
Online content
The Classification Board made 258 classification
decisions about online content. No complaints were
received about these decisions.
Four complaints were received about censorship of
the internet.
General
The Classification Board received 575 general
complaints that did not refer to specific
classification decisions.
Of the 575 general complaints, 561 were on the
issue of there not being an R 18+ classification
for computer games. The remaining 14 covered a
broad range of classification issues including the
application of consumer advice, the determined
markings on film and computer game products, and
an apparent inconsistency in classification standards.
02 CORRESPONDENCE
Single complaints were received about several other
titles, covering a range of issues, which accounted for
the remainder of the complaints.
Four computer games were classified RC during
the reporting period. These were Crimecraft, Risen,
Aliens vs Predator and Left 4 Dead 2. Aliens vs Predator
was subsequently classified MA 15+ by the
50
Table 17 Complaints
Complaints
Total
Publications
16
194
91
Computer games
194
Advertising for films
20
General – issue of R 18+ for computer games
561
General – other
14
Total
1,090
Enquiries and other assistance
The Attorney-General’s Department responds to
a range of other enquiries, often on behalf of the
02 CORRESPONDENCE
This includes requests for general classification
information, requests for reasons for classification
decisions and enquiries about the classification of
specific products. Other requests concern how to
get material classified, how to obtain exemptions
and requests for information on the determined
markings for films and computer games. A number
of requests concern the importation of publications,
films and computer games and clarification about
the enforcement of classification decisions.
51
Annual Report 2009–2010
01 SECTION TITLE
03
53
+
CONVENOR’S
LETTER OF TRANSMITTAL
The Hon Brendan O’Connor MP
Minister for Home Affairs
Parliament House
CANBERRA ACT 2600
Dear Minister
In accordance with subsection 85(1) of the Classification (Publications, Films and
Computer Games) Act 1995, I am pleased to submit a report on the management of the
administrative affairs of the Classification Review Board for the period 1 July 2009 to
30 June 2010.
03 CONVENOR’S LETTER OF TRANSMITTAL
Yours sincerely
54
Victoria Rubensohn AM
Convenor
1 September 2010
Locked Bag 3, HAYMARKET NSW 1240
Telephone 02 9289 7100 Facsimile 02 9289 7101 www.classification.gov.au
+
CONTENTS
++ Convenor’s Letter of Transmittal
54
++ Introduction56
++ Convenor’s Overview
57
++ Classification Review Board Profiles
59
Members who left the Review Board in 2009–10
62
Legislative base
62
62
Applications withdrawn 63
Attendance at Review Board meetings 63
Complaints
64
++ Tables
63
64
64
55
+
INTRODUCTION
The Classification Review Board (the Review Board)
is an independent statutory body that reviews,
on application, decisions of the Classification
Board. The Review Board makes its decisions
in accordance with the Classification
(Publications, Films and Computer Games) Act 1995
(the Classification Act), the National Classification
Code and the classification guidelines.
This report includes an overview of the work of
the Review Board in 2009–10, profiles of Review
Board members, a table of decisions, information
on applications withdrawn, a table of attendance
at meetings, a table showing the composition
of Review Board panels, and complaints to the
Review Board.
03 INTRODUCTION
The Review Board receives secretariat support
from the Classification Operations Branch of the
Attorney-General’s Department.
56
+
CONVENOR’S OVERVIEW
The Minister for Home Affairs made three
applications for review during this reporting period.
These included the films Salo o le 120 Giornate di
Sodoma (Salo), Stone Bros and Hydro Lord – The Game
(a publication).
Three applications were made by distributors of the
films Julie & Julia, The Loved Ones and The Karate Kid.
In three cases, the Review Board assigned the same
classification as the Classification Board. In four
cases the classification was lowered and in one
instance the classification was the same but the
consumer advice was amended. Consumer advice
is particularly useful in assisting consumers to make
informed choices about the type of material that is
present in the film or computer game and what they
choose to view.
I note that the public consultation process on the
issue of an R 18+ classification for computer games
that was conducted during the reporting period
resulted in approximately 60,000 submissions being
received. Following consideration by Ministers at the
Standing Committee of Attorneys-General (SCAG)
meeting of 7 May 2010, and in light of community
interest in this issue, the Minister for Home Affairs
publicly released a status report on the progress of
the public consultation on 7 May 2010. Ministers also
requested further analysis of community and expert
views to assist them in the decision making process.
03 CONVENOR’S OVERVIEW
This is my second report as Convenor of the
Classification Review Board (the Review Board).
The year 2009–10 has seen a number of complex
and challenging products being referred to
the Review Board. In total, nine applications for
review were made to the Review Board, with one
application being withdrawn. The Review Board
convened for seven days and made eight decisions
in the reporting period.
A further two applications were received from
distributors of the computer games Left 4 Dead 2
and Aliens vs Predator. The Review Board assigned
the same classification as the Classification Board for
the game Left 4 Dead 2, which was classified Refused
Classification (RC) due to the level and high impact
of violence. The Review Board decided to lower the
classification of the game Aliens vs Predator from RC
to MA 15+ with the consumer advice ‘Strong science
fiction violence’.
57
The film Salo o le 120 Giornate di Sodoma (Salo)
and the Review Board’s R 18+ classification with the
consumer advice ‘Scenes of torture and degradation,
sexual violence and nudity’, received significant
media attention and public debate. In making
our decision, the Review Board considered
submissions from a number of interested parties
including Shock Records (the original applicant for
classification), Australian Family Association (AFA),
Family Voice Australia (FAVA), NSW Council for
Civil Liberties (NSW CCL), and Flinders University
Film Animation Comics and Television Society
(Flinders FACTS).
The Review Board lowered the classification for
the film The Karate Kid from M ‘Martial arts violence’
to PG ‘Action violence, bullying violence and themes’.
The Australian Council on Children and the Media
(ACCM) was granted ‘interested party’ status and their
submission and that of the applicant, Sony Pictures,
were considered by the Review Board.
I was pleased to be able to attend the European
Film Classifiers Conference in the Netherlands on
19-21 May 2010 which I found to be useful and
informative. Whilst in Europe, I also met with the
Director of the British Board of Film Classification
(BBFC) in London, and in Paris I met with the
President and panel of the Centre national du
cinema et de l’image animee (CNC) and participated
in a viewing session with that body. I found these
meetings and experiences to be most worthwhile
and productive. I would like to take this opportunity
to extend my thanks to the Hon Trevor Griffin,
Deputy Convenor of the Review Board, for acting
in the position of Convenor while I was away.
03 CONVENOR’S OVERVIEW
During the reporting period, I was pleased to be
able to welcome three new members to the Review
Board; Helena Blundell, Alan Wu and Melissa de
Zwart. Members whose terms expired during the
period were Brook Hely and Irina Kolodizner.
58
Finally, I would like to thank all the members of the
Review Board for their hard work and dedication
throughout this reporting period. I would also like
to extend my thanks to the staff of the Classification
Operations Branch, Attorney-General’s Department,
who provide excellent secretariat support to the
Review Board.
Convenor
+
The Hon Trevor Griffin
Convenor
Appointed 6 February 2009
Appointment expires 5 February 2012
Deputy Convenor
Appointment Expires 25 April 2011
Victoria Rubensohn holds a Master of Arts Degree,
a Master of Human Rights Degree and
a Bachelor of Laws degree, and has been
a Member of the Order of Australia since 2004.
She has worked in radio and television in Australia
and the USA, and more generally in communications,
especially communications regulatory policy for
most of her professional life. Victoria has been a
Member of the Australian Broadcasting Tribunal,
a Member of the Immigration Review Tribunal and
Chairman of the National Film and Sound Archive.
She has chaired Federal Government committees
in the communications and intellectual property
areas. Victoria chairs the Telephone Information
Services Standards Council and runs an international
communications consultancy, specialising in
regulatory policy. She has been Convenor of the
Classification Review Board since February 2009.
The Hon K Trevor Griffin is married with two adult
children and holds a Master of Laws from the
University of Adelaide.
Admitted as a barrister and solicitor in 1963,
Trevor retired from the South Australian Parliament
in 2002, after almost 24 years as a member of the
Legislative Council. For a considerable period of that
time, Trevor was the State Attorney-General, and also
held a number of other ministerial offices.
Trevor lives in South Australia.
03 CLASSIFICATION REVIEW BOARD PROFILES
CLASSIFICATION REVIEW BOARD PROFILES
59
Ann Stark
Helena Blundell
Appointment Expires 25 April 2012
Appointed 17 September 2009
Appointment Expires 16 September 2013
Helena Blundell has a Bachelor of Arts and a
Bachelor of Laws awarded by the University
of Queensland. She has worked as a Senior
Investigation Officer for the Commonwealth
Ombudsman in both Sydney and Darwin. She spent
a number of years as an adventure tour guide in the
Northern Territory’s Top End. Ms Blundell has worked
for the North Australian Aboriginal Legal Aid Service
as a policy lawyer and is currently employed with
the NT Legal Aid Commission as a Criminal Barrister
and Solicitor. Helena is in her third year as a board
member of the Darwin YWCA and is on the Youth
Justice Advisory Committee, which is a body
set up pursuant to the Youth Justice Act in the
Northern Territory.
Ann Stark is a registered psychologist and
mother of two adult children, residing in Hobart.
Ann currently works in private practice specialising
in couple and family therapy and the aftermath of
trauma. She has served as an expert reporter in the
Family Court and Federal Magistrates Court on issues
relating to the welfare of children. She is currently
the Chairperson of the Tasmanian Psychologists
Registration Board and a member of the Psychology
Board of Australia. Ann is an Honorary Associate of
the School of Psychology, University of Tasmania
where she has lectured in counsellor education,
grief and trauma, and family and couple therapy.
She has extensive involvement in a number of
community organisations.
60
Melissa De Zwart
Born in Shanghai, Alan Wu is completing a
Bachelor of Arts / Bachelor of Laws course at the
University of Melbourne. He has previously served
as the youngest and longest-serving Chair of the
Australian Youth Affairs Coalition, and with a variety
of other community organisations, including
the ABC Advisory Council and the Melbourne
Journal of International Law. Internationally,
Alan has served as Special Envoy for Young People
to the United Nations Environment Programme
(UNEP) and as the only young person on the
Australian National Commission for UNESCO.
Melissa de Zwart is an Associate Professor in
Law at the University of South Australia. She has
a PhD in law (which examined the law of fair
dealing) and a Bachelor of Arts (Hons). Melissa has
practised as a lawyer in both private practice
and government, having been Legal Manager
at CSIRO. She has published numerous articles
on legal and social issues affecting copyright,
particularly in the digital and popular culture context,
convergence technologies, social networking and
virtual worlds. In 2008 she contributed to the ENISA
(European Network and Information Security Agency)
Virtual Group of Experts on Security Issues
in Virtual Worlds and Gaming (EU).
Alan was amongst the youngest invitees to
the Prime Minister’s Australia 2020 Summit,
and is a recipient of a Young People’s Human Rights
Commendation, awarded by the Australian Human
Rights Commission.
As the mother of two small children, Melissa has
served as the president of a community childcare
centre and has a keen interest in children’s
entertainment as both a parent and consumer.
In her recreational time, she enjoys books, manga,
movies and computer games, and exchanging views
on these with her students, extended family and
friends both face-to-face and via social networking.
Melissa lives in Adelaide.
Alan Wu
61
Members who left the
Review Board in 2009–10
Brook Hely
Appointment Expired 31 August 2009
While he was with the Review Board, Brook Hely was
a senior lawyer with the Australian Human Rights
Commission and also a part-time lecturer with the
University of New South Wales in discrimination
law. Brook holds a Bachelor of Arts (Hons)
and Bachelor of Laws (Hons), as well as a
Master of Laws with a specialisation in human rights
and social justice.
Brook also volunteered for several years with a
number of community legal services, is a former
Board member of the Victorian Council to Homeless
Persons and has written several articles and papers
on issues relating to discrimination and human
rights. He also has a keen interest in film-making
and has written and directed several short-films.
Brook has lived most of his life in Melbourne.
Irina Kolodizner
Appointment Expired 31 August 2009
62
While she was with the Review Board,
Irina Kolodizner was an undergraduate student
completing a combined Bachelor of Economics and
Social Sciences (Hons)/Bachelor of Laws (Hons) at the
University of Sydney. While undertaking her studies,
she worked as a part-time paralegal and tutored in
the field of labour law and industrial relations at the
University of Sydney. Irina has strong community
links, having coached and adjudicated high school
debating for a number of years and volunteered
for a number of charitable organisations.
Legislative base
The Review Board is established under the
Classification Act. The Classification Act provides
that the Review Board is to consist of a Convenor,
a Deputy Convenor and at least three, but no more
than eight, other members.
The Governor-General appoints members of
the Review Board. Under the Classification Act,
the Minister must, before recommending an
appointment, consult with State and Territory
Ministers with responsibility for classification.
The Classification Act also requires that regard
is to be had to the desirability of ensuring that
membership of the Review Board is broadly
representative of the Australian community.
Between 1 July 2009 and 30 June 2010,
the Review Board received nine applications and
classified four films for public exhibition, one film
not for public exhibition, two computer games
and one publication. One application for review
of the classification of a film for public exhibition
was withdrawn.
In 2009–10, the Review Board determined a
lower classification than that reached by the
Classification Board for one computer game
and three of the films for public exhibition.
The Review Board made the same classification as
the Classification Board for one of the films for public
exhibition (although it varied the consumer advice),
the only film not for public exhibition, the only
publication and one of the computer games.
The Review Board did not determine a higher
classification than the Classification Board for
any of the items submitted for review.
All reviews were completed within the
statutory timeframe.
The written reasons for the Review Board’s decisions
are published on www.classification.gov.au.
Media
Review
applicant
Stone Bros
Film – public
exhibition
Julie & Julia
Date of
review
decision
Original
classification
Review
classification
Minister for
Home Affairs
14 September
MA 15+:
2009 Strong drug use
MA 15+:
Drug use with
strong impact
Film – public
exhibition
Sony Pictures
Releasing
14 September
2009
M: Infrequent
coarse
language
PG: Infrequent
coarse
language
Left 4 Dead 2
Computer
game
Electronic Arts
Pty Ltd
23 October
2009
RC
RC
Hydro Lord –
The Game
Publication
Minister for
Home Affairs
1 December
2009
Unrestricted:
M- not
recommended
for readers
under 15 years
Unrestricted:
M- not
recommended
for readers
under 15 years
Film – public
exhibition
Madman
Entertainment
9 December
2009
R 18+: High
impact violence
MA15+: Strong
horror violence;
strong themes
Aliens vs
Predator
Computer
game
Sega Australia
18 December
2009
RC
MA 15+: Strong
science fiction
violence
Salo o le 120
Giornate di
Sodoma (Salo)
Film – not
for public
exhibition
(DVD)
Minister for
Home Affairs
6 May 2010
R 18+: Scenes
of torture and
degradation,
sexual violence
and nudity
R 18+: Scenes
of torture and
degradation,
sexual violence
and nudity
The Karate Kid
Film – public
exhibition
Sony Pictures
Releasing
18 June 2010
M: Martial arts
violence
PG: Action
violence,
bullying
violence and
themes
Title
The Loved Ones
Applications withdrawn
During the reporting period, an application for
review of the classification of a public exhibition
film, The Time Traveller’s Wife, was submitted and
subsequently withdrawn by Roadshow Films.
The film was classified M by the Classification Board
with consumer advice ‘Infrequent violence’
on 10 July 2009.
Attendance at
Review Board meetings
The Review Board convened for seven days in
2009–10 to deal with eight applications. Six of
these days were meetings in person and one day
was via teleconference.
63
Review Board member
Meetings 2009–10*
Number of meeting
days 2009–10
Meetings 2008–09
Victoria Rubensohn (VR),
Convenor, NSW
6
7
0
Trevor Griffin (TG),
Deputy Convenor, SA
6
7
10
Ann Stark (AS), Tas
5
6
10
Melissa de Zwart (MDZ),
SA
5
6
n/a
Alan Wu, (AW), Vic
5
6
n/a
Helena Blundell (HB), NT
2
2
n/a
* If more than one meeting is held on the same meeting day, the number of meetings will be greater than the number of meeting days.
Number of
meeting days
Panel members
Stone Bros
1
VR, TG, AS
Julie & Julia
1
VR, TG, AS
Left 4 Dead 2
1
VR, TG, AS
Hydro Lord – The Game
1
VR, TG, MDZ, AW
The Loved Ones
1
TG, HB, MDZ, AW
Aliens vs Predator
1
MDZ, HB, AW
Salo
2
VR, TG, AS, MDZ, AW
The Karate Kid
1
VR, AS, AW, MDZ
Title
64
Complaints
Twenty complaints were received following the
Review Board’s R 18+ classification of the film Salo.
Only one of these complaints referred specifically
to the decision of the Review Board as opposed to
being a general complaint about the film’s availability
with an R 18+ classification.
APPENDICES
01 SECTION TITLE
04
65
+
APPENDIX ONE:
CLASSIFICATION BOARD STATISTICS
Decisions
129
265
Publications
04 APPENDIX 01: CLASSIFICATION BOARD STATISTICS
3,967
Computer games
66
422
1,055
225
59
53
5
Other applications
Internet content
258
195
511
34
Total
7,178
Applications
received
425
3,983
141
271
Computer games
1,101
Publications (excluding serial publications)
228
63
55
5
Other applications
Internet content
257
220
518
35
7,302
Total
67
Decisions made
within statutory
time limit
Standard
applications
over 20
business days
Priority
applications
over 5
business days
422
0
0
3,967
0
0
129
0
0
265
0
0
1,055
0
0
284
0
0
53
0
0
5
0
0
258
0
0
6,438
0
0
100
0
0
Application type
Computer games
Publications (including serial declarations)
Assessment of likely classification
– computer games
Internet content
Total
% of total
Table 24 Overdue applications by
reason for delay
Table 26 Commercial (single issue) publications
Reason
68
Number
Reason7
Number
Workflow delay
0
Publications RC 1(a)
1
Administrative error
0
Publications RC 1(b)
1
Total
0
Publications RC 1(c)
0
Publications RC 1(a) & 1(b)
1
Total
3
Table 25 Commercial (single issue)
publications decisions by classification
Classification
Unrestricted
Classification
decisions
77
116
29
RC
Total
3
225
7 The reason for refusing a publication classification refers
Table 27 Serial publication declarations
by classification
Declarations
granted
Unrestricted
Reason8
Number
7
Films RC 1(a)
17
48
Films RC 1(b)
0
4
Films RC 1(c)
0
RC
0
Films RC 1(a) & 1(b)
2
Total
59
Table 28 Commercial films (public exhibition)
Classification
Total
19
Classification
decisions
Classification
Classification
decisions
G
42
G
621
PG
99
PG
246
M
185
M
108
MA 15+
91
MA 15+
R 18+
5
RC
RC
0
Total
Total
Reason9
Classification
decisions
775
PG
923
1,087
MA 15+
690
R 18+
153
X 18+
714
RC
Total
1,055
G
M
4
422
Table 29 Commercial film (not for public
exhibition) decisions by classification
Classification
76
Number
Games RC 1(a)
2
Games RC 1(b)
0
Games RC 1(c)
0
Games RC 1(d)
2
Games RC 1(a) & 1 (b)
0
Total
4
19
4,361
8 The reason for refusing a film classification refers to the relevant
item of the National Classification Code.
9 The reason for refusing a computer game classification refers
Reason
Table 30 Commercial Film (not for public
exhibition) applications refused classification
by reason
69
Table 33 Fee waivers granted
Fee waivers granted
Full fee waiver
22
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Full fee waiver
11
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Computer game
Full fee waiver
0
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Publications
70
Full fee waiver
1
50% fee waiver
0
75% fee waiver
0
Fee waiver refused
0
Total
34
Enforcement agency
Publications
Films –
Section 87
other certificates10
Total
Australian Federal Police
0
0
0
0
ACT Office of Fair Trading
0
1
8
9
NSW Police
6
27
46
79
NT Police
0
0
1
1
Qld Police & Qld Office of Fair Trading
0
0
0
0
Victoria Police
1
45
44
90
SA Police
2
0
3
5
Tasmania Police
0
0
0
0
WA Police
0
1
1
2
Australian Defence Forces Investigative Services
(ADFIS)
0
0
0
0
0
5
4
9
Total
9
79
107
195
Classification
G
Table 36 Internet content refused classification
by reason
Classification
decisions
4
PG
43
M
31
MA 15+
43
R 18+
48
X 18+
10
RC
78
Unrestricted
Total
1
258
10 A section 87 certificate is an evidentiary certificate that describes
the action taken, or not taken, by the Classification Board
in relation to a publication or film. This evidentiary certificate
is issued under section 87 of the Classification Act.
Reason
Number
Film RC 1(a)
34
Film RC 1(b)
4
Film RC 1(c)
14
Film RC 1(a) & 1(b)
21
Film RC 1(a) & 1(c)
4
Section 9A(2)(c)
1
Total
78
During 2009–10, the Director granted exemptions
to 510 applicants, allowing them to show certain
unclassified films at specific events. One application
for exemption to show an unclassified film
was refused.
Table 35 Internet content decisions
by classification
71
+
APPENDIX TWO:
NATIONAL CLASSIFICATION CODE
04 APPENDIX 02: NATIONAL CLASSIFICATION CODE
1.Classification decisions are to give effect, as
far as possible, to the following principles:
72
(a)adults should be able to read, hear and
see what they want;
(b)minors should be protected from material
likely to harm or disturb them;
(c)everyone should be protected from
exposure to unsolicited material that
they find offensive;
(d)the need to take account of community
concerns about:
(i)depictions that condone or incite
violence, particularly sexual violence;
and
(ii)the portrayal of persons
in a demeaning manner.
Publications
2.Publications are to be classified in accordance with the following table:
Item
Description of publication
Classification
1
Publications that:
RC
(a)describe, depict, express or otherwise deal with matters of sex, drug
misuse or addiction, crime, cruelty, violence or revolting or abhorrent
phenomena in such a way that they offend against the standards of
morality, decency and propriety generally accepted by reasonable
adults to the extent that they should not be classified; or
(b)describe or depict in a way that is likely to cause offence to a
reasonable adult, a person who is, or appears to be, a child under 18
(whether the person is engaged in sexual activity or not); or
(c)promote, incite or instruct in matters of crime or violence
2
Publications (except RC publications) that:
(a)explicitly depict sexual or sexually related activity between
consenting adults in a way that is likely to cause offence to a
reasonable adult; or
(b)depict, describe or express revolting or abhorrent phenomena in
a way that is likely to cause offence to a reasonable adult and are
unsuitable for a minor to see or read
3
Publications (except RC publications and Category 2 restricted
publications) that:
(a)explicitly depict nudity, or describe or impliedly depict sexual or
sexually related activity between consenting adults, in a way that
is likely to cause offence to a reasonable adult; or
(b)describe or express in detail violence or sexual activity between
consenting adults in a way that is likely to cause offence to a
reasonable adult; or
4
All other publications
Unrestricted
(c)are unsuitable for a minor to see or read
73
Films
3.
Films are to be classified in accordance with the following table:
Item
Description of film
Classification
1
Films that:
RC
(a)depict, express or otherwise deal with matters of sex, drug misuse
or addiction, crime, cruelty, violence or revolting or abhorrent
reasonable adult, a person who is, or appears to be , a child under 18
(c)promote, incite or instruct in matters of crime or violence
2
Films (except RC films) that:
X 18+
(a)contain real depictions of actual sexual activity between consenting
adults in which there is no violence, sexual violence, sexualised
violence, coercion, sexually assaultive language, or fetishes or
depictions which purposefully demean anyone involved in that
activity for the enjoyment of viewers, in a way that is likely to cause
offence to a reasonable adult; and
(b)are unsuitable for a minor to see
74
3
Films (except RC films and X 18+ films) that are unsuitable for a minor
to see
R 18+
4
Films (except RC films, X 18+ films and R 18+ films) that depict, express or
otherwise deal with sex, violence or coarse language in such a manner as
to be unsuitable for viewing by persons under 15
MA 15+
5
Films (except RC films, X 18+ films, R 18+ films and MA 15+ films) that
cannot be recommended for viewing by persons who are under 15
M
6
Films (except RC films, X 18+ films, R 18+ films, MA 15+ films and M films)
that cannot be recommended for viewing by persons who are under 15
without the guidance of their parents or guardians
PG
7
All other films
G
Computer Games
4.
Computer games are to be classified in accordance with the following table:
Item
Description of computer game
Classification
1
Computer games that:
RC
(a)depict, express or otherwise deal with matters of sex, drug misuse
or addiction, crime, cruelty, violence or revolting or abhorrent
reasonable adult, a person who is, or appears to be, a child under 18
(c)promote, incite or instruct in matters of crime or violence; or
(d)are unsuitable for a minor to see or play
Computer games (except RC computer games) that depict, express or
otherwise deal with sex, violence or coarse language in such a manner
as to be unsuitable for viewing or playing by persons under 15
MA 15+
3
Computer games (except RC and MA 15+ computer games) that cannot
be recommended for viewing or playing by persons who are under 15
M
4
Computer games (except RC, MA 15+ and M computer games) that
cannot be recommended for viewing or playing by persons who are
under 15 without the guidance of their parents or guardians
PG
5
All other computer games
G
2
75
+
GLOSSARY
Term/abbreviation
Explanation
3D
Three dimensional
ACMA
Australian Communications and Media Authority
ACA Scheme
Additional Content Assessor Scheme
Advertising Scheme
The Advertising of Unclassified Films and Computer Games Scheme
APS
Australian Public Service
ATSA Scheme
Authorised Television Series Assessor Scheme
BOSS
Business Operations Support System. An electronic information
management system for processing applications and material for
classification by the Classification Board and Classification Review Board.
Business Online
An online applications system which allows business clients to track their
applications for classification of films, computer games or publications
BSA
Broadcasting Services Act 1992 (Cth)
Call in
The Director of the Classification Board may call in publications if he/she has
reasonable grounds to believe they are submittable publications and that
they are being published in an Australian State or Territory.
04 GLOSSARY
The Director of the Classification Board may also call in films and computer
games if he/she has reasonable grounds to believe they are not exempt and
that they are being published in an Australian State or Territory.
76
Censorship Ministers
Commonwealth, State and Territory Ministers with responsibility for
classification; meetings are held in conjunction with SCAG
Classification Act
Classification (Publications, Films and Computer Games) Act 1995 (Cth)
Term/abbreviation
Explanation
Statutory body established under the Classification Act. The Classification
Board classifies computer games, films and certain publications
Classification Board member
A statutory appointee to the Classification Board established under the
Classification Act
Classification guidelines
Guidelines on the application of the National Classification Code, approved
by Ministers with responsibility for classification. There are the Guidelines
for the Classification of Films and Computer Games and the Guidelines for the
Classification of Publications
Statutory body established under the Classification Act. The Classification
Review Board is a part-time statutory body convened, as required, to review
decisions made by the Board
member
Statutory appointee to the Classification Review Board under the
Classification Act
COB
The Classification Operations Branch of the Attorney-General’s Department.
COB officers provide administrative support to the Classification Board and
COBRA
Classification Operations Branch Records Administration (COBRA) is a
classification workflow management system
Community Liaison Scheme
(CLS)
A scheme that assists retailers and distributors of publications, films and
computer games to comply with their legal obligations under the national
classification scheme
Code, the
The National Classification Code
G
General
PG
Parental guidance recommended
M
Recommended for mature audiences
MA 15+
Not suitable for people under 15. Under 15s must be accompanied by a
parent or adult guardian
RC
Refused Classification
Consumer advice
The Classification Board and Classification Review Board determine
consumer advice for films, computer games and certain publications.
Films classified PG, M, MA 15+, R 18+ and X 18+, and computer games
classified PG, M and MA 15+ must be assigned consumer advice.
Consumer advice gives the principal elements that contributed to the
classification of the product and indicates the intensity and/or frequency of
those elements. The Classification Board and the Classification Review Board
may also provide consumer advice to films and computer games classified
G, and publications classified Unrestricted
04 GLOSSARY
Computer games
classifications
77
Term/abbreviation
Explanation
Convenor
Member of the Classification Review Board who is responsible for the
management of the Classification Review Board’s business
Customs
Deputy Convenor
Member of the Classification Review Board who may exercise some of the
Convenor’s powers in the Convenor’s absence
Deputy Director
Full-time member of the Classification Board who may exercise some of
the Director’s powers in the Director’s absence
Determined markings
Classification symbols, descriptions and consumer advice lines, as
determined by the Director as set out in the Classifications (Markings for
Publications) Determination 2007, the Classification (Markings for Films and
Computer Games) Determination 2007, and the Classification (Markings for
Certified Exempt Films and Computer Games) Determination 2007
Director
Full-time member of the Classification Board responsible for the
management of the Classification Board.
Exemptions to show an
unclassified film at an event
An organisation may apply to the Director of the Classification Board for
exemption from State and Territory classification enforcement legislation
to screen an unclassified film at an event. A person may also apply for an
exemption.
Exempt computer game
A computer game exempt from classification requirements as defined by
section 5B of the Classification Act
Exempt film
A film exempt from classification requirements as defined by section 5B of
the Classification Act
Fee waiver
The waiving of classification application fees by the Director in specific
circumstances, as provided by the Classification Act
04 GLOSSARY
Film (including video, DVD
and other media storage
devices) classifications
78
G
General
PG
Parental guidance recommended
M
Recommended for mature audiences
MA 15+
Not suitable for people under 15. Under 15s must be accompanied by a
parent or adult guardian
R 18+
Restricted to 18 years and over
X 18+
Restricted to 18 years and over
RC
FMA Act
Financial Management and Accountability Act 1997 (Cth)
FOI Act
Freedom of Information Act 1982 (Cth)
Term/abbreviation
Explanation
FOI
Freedom of information
Guidelines
Legislative instruments which provide direction on the application of the
National Classification Code, approved by Ministers with responsibility for
classification. Separate guidelines exist for the classification of films and
computer games and publications.
IMAX
Large format film (70mm) compatible with 3D technology
Industry assessors
Persons authorised by the Director to make recommendations to the
Classification Board on the classification and consumer advice for:
computer games that are likely to be classified G, PG or M; or
additional content accompanying previously classified or exempt film/s on
DVD or other media storage devices; or
certain television series released on DVD or other media storage devices.
There are also industry assessors who are authorised to assess the likely
classification of unclassified films and/or computer games for advertising
purposes.
National Classification
Scheme
A cooperative Commonwealth, State and Territory regulatory scheme for
classification of films, computer games and certain publications
(the Code)
A code that sets out how films, computer games and certain publications
are to be classified
Office of Film and Literature
Classification (OFLC)
Former Commonwealth agency in the Attorney-General’s portfolio that
provided administrative support to the Classification Board and the
Prescribed areas
All land held under the Aboriginal Land Rights Act (Northern Territory) 1976
(Cth), community living areas and areas declared to be prescribed by the
Minister for Families, Community Services and Indigenous Affairs under the
Northern Territory Emergency Response Act 2007 (Cth)
Prohibited Exports
Regulations
Customs (Prohibited Exports) Regulations 1958 (Cth)
Prohibited Imports
Regulations
Customs (Prohibited Imports) Regulations 1956 made under section 50 of
the Customs Act 1901 (Cth); Regulation 4A relates to the importation of
publications (including films and computer games and other goods)
PSP
The PlayStation Portable (PSP) hand held computer game console
Unrestricted
Unrestricted
Not available to persons under 18 years
Not available to persons under 18 years
RC
04 GLOSSARY
Publications classifications
79
Explanation
SCAG (Censorship)
Committee comprising Commonwealth, State and Territory Ministers with
responsibility for classification. In most jurisdictions this is the AttorneyGeneral, except in the Commonwealth where the Minister is the Minister for
Home Affairs
Senior Classifier
Full-time senior member of the Classification Board
Serial classification
declaration
A declaration issued by the Classification Board on the classification and any
conditions that apply to issues of a periodical for a specified period
Standing Committee of
Attorneys-General (SCAG)
Committee comprising the Attorneys-General of the Commonwealth,
Submittable publication
An unclassified publication that is unsuitable for a minor to see or read,
and likely to cause offence to a reasonable adult to the extent that the
publication should not be sold or displayed as an unrestricted publication
04 GLOSSARY
Term/abbreviation
80
+
INDEX
Additional Content Assessor (ACA) scheme, 4, 30, 31
administrative tribunals
decisions of, 10
advertising approvals, 32, 47
advertising assessments, 32, 47
advertising for films
complaints, 50
Advertising of Unclassified Films and Computer
Games scheme, 5, 14, 32
Alice in Wonderland, 14, 39
Aliens vs Predator, 45–6, 57
Andersen, Marit Breivik, 23
Antichrist, 44
Apel, Amanda, 18
applications
statistics, 25–34, 66–71
Assassin’s Creed II: Discovery, 42
assessors see Additional Content Assessor (ACA)
scheme; Authorised Assessor scheme for computer
games; Authorised Television Series Assessor
scheme (ATSA scheme); industry assessors
Attorney-General’s Department (the Department)
liaison with Classification Board and
Classification Review Board, 7
Auditor-General
reports by, 10
Australian Communications and Media Authority
(the ACMA), 5
and online content, 5, 34, 46–7
(Customs), 5
Authorised Assessor scheme for computer games, 4
Authorised Television Series Assessor scheme
(ATSA scheme), 4–5, 30, 31
Avatar, 41
B
Bill Henson, Exhibition at Roslyn Oxley9 Gallery,
6–27 May 2010, 36
Blue Elephant, 49
Blundell, Helena, 60
Booyar, Olya, 20
Bradley, Graeme, 23
Bran Nue Dae, 40
Brill, Sheridan, 19
British Board of Film Classification (BBFC), 58
broadcast services (radio and television networks)
classification of material, 5
Broadcasting Services Act 1992 (the BSA), 5
Bromley, Emma, 24
Bruno, 48–9
The Burning Crusade, 42
C
call ins – films, 47
call ins – publications, 47
Call of Duty: Modern Warfare 2, 50
Call of Duty: Modern Warfare Reflex, 43
04 INDEX
A
81
04 INDEX
publications, 36, 73
Centre national du cinéma et de l’image animée
(CNC), 58
certificates of exemption for films or computer
games, 32, 47
Chalier, Chantal, 24
‘Check the Classification’ (CTC), 5, 14
A Christmas Carol, 49
Act 1995 (Cth) (the Classification Act), 3
Classification Board, 6
annual report, 11–51
Director’s overview, 13–15
entitlements re remuneration, annual leave and
official travel, 9
functions/role, 3, 4, 13
key achievements, 25
liaison with Attorney-General’s Department, 7
liaison with Commonwealth, State and Territory
Ministers with responsibility for classification
and officials, industry and the community, 7
meetings, 7
membership, 9, 15
profiles, 16–24
movements, 9
statistics, 25–34, 66–71
classification compliance levels of adult publications
and films, 14
Classification Enforcement Contacts Forum, 13
the classification guidelines see Guidelines for the
Classification of Films and Computer Games and
the Guidelines for the Classification of Publications
(the classification guidelines)
Classification Operations Branch
(Attorney-General’s Department)
functions, 7
Regulations 2005, 7, 33
Classification Review Board, 6–7, 56
annual report, 53–64
attendance at meetings, 63–4
and Attorney-General’s Department, 7
Convenor’s overview, 57–8
entitlements re remuneration, annual leave
and official travel, 9
functions, 3
legislative base, 62
liaison with stakeholders, 7
membership, 9
profiles, 59–62
movements, 9
review of decisions of, 9
classification services
fee structure for, 28
for the public good, 33
classifications see Category 1 Restricted; Category 2
Restricted; G (General); M (Mature); MA 15+
(Mature Accompanied); PG (Parental Guidance);
R 18+ (Restricted); RC (Refused Classification);
Unrestricted; X 18+ (sexually explicit material)
Cloudy with a Chance of Meatballs, 38
COBRA (Classification Operations Branch Records
Administration) system, 8
the Code see National Classification Code (the Code)
Code of Conduct, 8
matters dealt with by, 10
complaints
Classification Board, 48–51
computer games, 31–2
Authorised Assessor scheme for, 4
complaints, 50
decisions, 31, 37, 38–9, 40, 41–2, 43, 45–6, 69
consideration of R 18+ classification for, 15, 57
National Classification Code, 75
refused classification, 32, 69
consumer advice, 14, 57
Convenor (Classification Review Board)
functions and powers, 7
overview by, 57–8
and reporting on management of administrative
affairs, 8
see also Rubensohn, Victoria
Coraline, 40
correspondence, 48–51
cost see fee structure for classification services
Crimecraft, 46
Customs see Australian Customs and Border
Protection Service (Customs)
Customs (Prohibited Exports) Regulations 1958
(the Prohibited Exports Regulations), 5
Customs (Prohibited Imports) Regulations 1956
(the Prohibited Imports Regulations), 5
82
D
F
decision-making
quality of, 28
decisions (Classifications Board), 27–8, 35–47, 66
computer games, 31, 37, 38–9, 40, 41–2, 43, 69
film – not for public exhibition, 30, 69
film – public exhibition, 30, 69
films, 37, 38, 39–40, 40–1, 42–3, 44–5
online content, 34, 46–7, 71
serial publication classification, 29
television series, 38, 40, 41, 43
see also timeliness of decisions
decisions (Classifications Review Board), 62–3
Del Villar, Conrad, 21
Deputy Director (Classification Board)
and prohibited imports and exports, 5
digital cinema, 8
Director (Classification Board)
functions and powers, 6
overview by, 13–15
and prohibited imports and exports, 5
and reporting on management of administrative
affairs, 8
and submittable publications, 35
see also McDonald, Donald
Doratis, Dianne, 24
Dridan, Georgina, 17
fee structure for classification services, 28
fee waivers, 33, 47, 70
fees
for classification, 7
for review of decision, 7
Fenton, Jeremy, 20
film – not for public exhibition
complaints, 49–50
decisions, 30–31, 69
film – public exhibition
complaints, 48–9
decisions, 30, 69
film festivals
and exemptions to show unclassified films, 4, 47
films
call ins, 47
decisions, 37, 38, 39–40, 40–1, 42–3, 44–5, 74
refused classification, 45
see also adult publications and films; advertising
for films; Advertising of Unclassified Films
and Computer Games scheme; European
Film Classifiers Conference ‘A New Decade,
New Challenges’; certificates of exemption
for films or computer games; film – not for
public exhibition; film – public exhibition;
unclassified films
films screened on television
classification of, 5
The Final Destination 3D, 43
financial management, accountability and reporting,
7–8
freedom of information (FOI), 9–10
category of documents, 9–10
contacts, 9
requests during 2009–10, 10
Free-to-Air TV Classifiers
media classification forums, 13–14
Eades, Tracey, 24
Eclipse, 41
enforcement
legislation, 3, 4
see also Classification Enforcement Contacts Forum
enforcement agencies, 33–4, 71
enforcement applications decisions, 34, 71
enquiries and other assistance, 51
Enzai, 47
ethical standards, 8
European Film Classifiers Conference ‘A New Decade,
New Challenges’, 13, 58
exempt from classification, 32, 47
exemption certificates see certificates of exemption
for films or computer games
external accountability, 8–9
G
G (General)
computer games, 38–9, 75
films, 38, 74
television series, 38
Gamer, 49
Gamieldien, Zahid, 18
04 INDEX
E
83
Geraghty, Geoff, 24
The Girl with the Dragon Tattoo, 42, 49
Glasson, Moya, 19
God of War III, 43
Greene, Alexandra, 21
Griffin, Trevor, 59
Guidelines for the Classification of Films and Computer
Games and the Guidelines for the Classification of
Publications (the classification guidelines), 4, 35,
37, 47
Guitar Hero: Warriors of Rock, 40
H
Harry Potter and the Half Blood-Prince, 41
Hely, Brook, 62
Henson, Bill, 36
The Horseman, 44
Hubble 3D, 38
The Hurt Locker, 42–3
Hydro Lord – The Game, 36, 57
I
industry assessors, 4–5
Intergovernmental Agreement on Censorship, 3
internet see mandatory internet filtering; online content
Iron Man 2, 40
J
James Cameron’s Avatar The Game, 42
judicial decisions, 10
Julie & Julia, 41, 57
K
The Karate Kid, 41, 57, 58
Kick-Ass, 14, 42, 49
Kolodizner, Irina, 62
04 INDEX
L
84
Land of the Lost, 49
Last House on the Left, 49
Left 4 Dead 2, 46, 50, 57
legislative base
letter of transmittal
Convenor, 54
Director, 12
The Loved Ones, 57
M
M (Mature)
computer games, 41–2, 75
films, 40–1, 74
MA 15+ (Mature Accompanied)
computer games, 43, 75
films, 42–3, 74
McDonald, Donald, 16
see also Director (Classification Board)
mandatory internet filtering, 14–15
media classification forums (Free-to-Air TV Classifiers),
13–14
media releases about classification decisions, 14
membership of Classification Board and Classification
Review Board, 9
Classification Board, 15, 16–24
Classification Review Board, 59–62
Michael Jackson’s This Is It, 38
Mlikota, Joseph, 22
N
National Classification Code (the Code), 4, 72–5
computer games, 75
films, 74
publications, 73
National Classification Scheme, 3, 13
roles of Commonwealth and States/Territories,
3, 4, 13
Netherlands Institute for the Classification of
Audiovisual Media (NICAM), 13
New Moon, 41
Northern Territory Emergency Response
and Classification Act, 3
O
Oberdorf, Rosalea, 22
online content
ACMA, 5
decisions, 34, 46–7, 71
complaints, 50
regulation and classification of, 5, 14–15
see also mandatory internet filtering
overview
Convenor’s, 57–8
Director’s, 13–15
parliamentary committees
reports by, 10
PG (Parental Guidance)
computer games, 40, 75
films, 39–40, 74
The Princess and the Frog, 38, 49
privacy, 10
Prohibited Exports Regulations see Customs
(Prohibited Exports) Regulations 1958
(the Prohibited Exports Regulations)
Prohibited Imports Regulations see Customs
(Prohibited Imports) Regulations 1956
(the Prohibited Imports Regulations)
public consultation process on R 18+ classification
for computer games, 15, 57
publications
call ins, 47
complaints, 48
decisions, 29, 35–7, 68–9
refused classification, 29, 37, 68, 73
see also adult publications and films; serial
classifications for publications; submittable
publications
R
R 18+ (Restricted)
consideration of for computer games, 15, 57
films, 44–5, 74
radio see broadcast services (radio and television
networks)
computer games, 32, 45–6, 69, 75
films, 30, 45, 69, 74
online content, 34, 71
publications, 29, 37, 68, 73
Red Dead Redemption, 43
review of decisions of Director, Convenor or
revocation decisions, 37, 47
Risen, 46
risk management, 8
Robin Hood, 14
Roslyn Oxley9 Gallery, 36
Rubensohn, Victoria, 59
see also Convenor (Classification Review Board)
Rugby League Live, 39
S
Salo o le 120 Giornate di Sodoma, 10, 14, 44, 49, 57, 58
Scott, Greg, 17
serial classifications for publications, 37
auditing of, 14
decisions, 29, 69
revoking of, 37
serial declarations see serial classifications for
publications
sexual activity
and R 18+ classification, 44, 45
sexually explicit material
and X 18+ classification, 45
Shrek Forever After, 39
Smith, Rod, 23
stakeholders
Classification Board engagement with, 14
Classification Review Board liaison with, 7
Stark, Ann, 60
and exemptions to show unclassified films, 4
roles of in National Classification Scheme, 3, 4, 13
statistics
Classification Board, 25–34, 66–71
Stone Bros, 42–3, 57
submittable publications, 35
Super Mario Galaxy 2, 39
Super Street Fighter IV, 40
T
Tekken 6, 42
television see Authorised Television Series Assessor
scheme (ATSA scheme); broadcast services
(radio and television networks); films screened
on television
television series
decisions on classifications, 38, 40, 41, 43
3D format films, 38, 40, 41, 43
3D technology, 13
The Time Traveller’s Wife, 63
timeliness of decisions, 26, 68
Toy Story 3, 38, 40
04 INDEX
P
85
U
unclassified films
exemptions to show, 4, 32, 47, 71
complaints, 50
see also Advertising of Unclassified Films
and Computer Games scheme
Unrestricted
publications, 35–6, 73
V
violence
and R 18+ classification, 44
W
website, 8
Where the Wild Things Are, 39
Wii Fit Plus, 39
Wikipedia, 46, 47
workload
Classification Board, 27–8
World of Warcraft, 42
Wrath of the Lich King, 42
Wu, Alan, 61
X
X 18+ (sexually explicit material)
films, 45, 74
Z
04 INDEX
Zelinka, Sue, 24
Zenonia, 39
Zwart, Melissa De, 61
86
Levels 5 & 6
23–33 Mary St
Surry Hills
NSW 2010
Locked Bag 3
Haymarket
NSW 1240
T 02 9289 7100
F 02 9289 7101
classification.gov.au
© Papercut 717/2010

2009–2010 Annual Report [PDF 2.8MB]

Transcription

Similar documents

Naqsh Short Films

Film quiz 12 May 2011

Call for entries 2016

presents - Program in Arts of the Moving Image

THE CREATION OF MEANING - Press Kit

Oct 2013 reg layout

impression of a war - Camilo Restrepo Films

Media Kit - NewFilmmakers Los Angeles

Walerian Borowczyk –

Layout 1 (Page 3)