National classification scheme
- Overview
- The Standing Committee of Attorneys-General (Censorship)
- The role of the Commonwealth
- Commonwealth Censorship Minister and relevant agencies
- The role of the States and Territories
- State and Territory Censorship Ministers and agencies
- The Community Liaison Scheme
- Classification Board and Classification Review Board
- Appointments to the Classification Board and Classification Review Board
- Importation and Exportation
Overview
The National Classification Scheme is a cooperative arrangement under which the Classification Board classifies films (including videos and DVDs), computer games and certain publications. The Scheme commenced on 1 January 1996.
The National Classification Scheme was established following recommendations made by the Law Reform Commission about censorship procedure in 1991 (Report No. 55). One of the recommendations was the establishment of a legislative framework which would enable the Commonwealth, States and Territories to take a national approach to classification. The Commonwealth, States and Territories entered into the Intergovernmental Agreement on Censorship which underpins the Scheme. This agreement confirms that certain changes to the Scheme, such as amendments to the National Classification Code and classification guidelines, must be considered and agreed to by Censorship Ministers.
The Classification Board is an independent statutory body, responsible for classification decisions. A single National Classification Code, agreed between the Commonwealth and the States, sets out the principles to be followed in making classification decisions. General criteria for the various classification categories have also been agreed. The Classification Review Board, also an independent statutory body, can review original classification decisions in certain circumstances and provide a fresh classification decision.
Download:
The Standing Committee of Attorneys General (Censorship)
The National Classification Scheme is overseen by Australian Government and State and Territory Censorship Ministers. Censorship Ministers meet twice a year, generally, as part of the Standing Committee of Attorneys General (SCAG) to discuss the operation of the scheme, its legislation and other issues such as topical research and guidelines reviews. Censorship Ministers are not involved in Classification Board decisions.
The role of the Commonwealth
The Commonwealth’s contribution to the National Classification Scheme includes the Classification (Publications, Films and Computer Games) Act 1995. The Commonwealth Classification Act establishes the Classification Board and sets out the procedures the Classification Board follows in making its classification decisions. The Act also establishes the review mechanism, the Classification Review Board, which, on application, reviews decisions made by the Classification Board.
Commonwealth classification policy is the responsibility of the Australian Government Attorney-General’s Department. The Classification Policy Branch and the Classification Operations Branch are located in the Classification, Human Rights and Copyright Division. The Classification Policy Branch is responsible for Commonwealth classification policy. It supports the Minister for Home Affairs at meetings of Censorship Ministers and provides a Secretariat for the Standing Committee of Attorneys-General (Censorship). The Classification Operations Branch provides Secretariat support for the Classification Board and the Classification Review Board and other related administrative functions, including training and the Community Liaison Scheme.
Commonwealth Censorship Minister and relevant agencies
Minister for Home Affairs
Australian Government
Attorney-General’s Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
The Classification Operations Branch provides support for:
Classification Operations Branch
Locked Bag 3
Haymarket
SYDNEY NSW 1240
The role of the States and Territories
Under the National Classification Scheme the States and Territories are responsible for the enforcement of classification decisions. Each State and Territory has classification enforcement legislation to complement 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. Some States and Territories have reserved censorship powers and varying classification requirements, which are outlined in their legislation.
As part of the Australian Government’s Northern Territory National Emergency Response, the Commonwealth Classification Act makes it an offence to possess or control prohibited material within prescribed areas in the Northern Territory and, to supply prohibited material into the prescribed areas. Further information on the offences and types of material prohibited in the prescribed areas can be found at ‘Current Changes to Classification Law’.
State and Territory Censorship Ministers and Agencies
The contact details for the State and Territory Censorship Ministers can be accessed via the links below. The Censorship Minister is usually the Attorney-General for each State or Territory.
Downloads:
The Community Liaison Scheme
The Community Liaison Scheme (CLS) is a joint Australian Government, State and Territory initiative that operates in all States and Territories. The CLS has an educational role and is intended to assist retailers and distributors of publications, films (including videos and DVDs) and computer games to comply with their legal obligations under the National Classification Scheme. The Community Liaison Scheme supports the work of State and Territory police and enforcement agencies.
Under the Scheme, Community Liaison staff visit premises and traders in all jurisdictions and provide advice about apparent breaches, restrictions applying to the sale or display of classified products, labelling requirements and other related matters.
In addition, Community Liaison staff investigate complaints about alleged breaches of legislation and meet with traders and industry representatives to investigate complaints through a program of site visits in each jurisdiction. Community Liaison staff also attend industry conferences and trade shows.
Classification Board and Classification Review Board
It is the role of the Classification Board to decide which classification films, videos, DVDs, computer games and some publications should be given, by applying the relevant law and classification guidelines. The classifications for films and computer games are G, PG, M, MA 15+ and RC. Films have two additional classifications — R 18+ and X 18+. The classification categories for publications are Unrestricted, Category 1‑Restricted, Category 2-Restricted and RC. RC material cannot be legally shown, sold or hired in Australia.
The Board also decides what consumer advice should be provided. Consumer advice is designed to inform consumers which classifiable elements have led to a classification.
The Board deals with referrals from the police, the Australian Customs Service and the Australian Communications and Media Authority (ACMA), classifies internet content referred by the ACMA and provides advice to the Australian Customs Service in relation to the importation and exportation of publications, videos and computer games. The Board does not classify TV programs or films for TV.
The Classification Review Board reviews classification decisions and makes a fresh classification decision. Only the Minister, an applicant for classification or approval for an advertisement, publishers of the classified material or a person aggrieved may apply for a review of a classification decision.
Appointments to the Classification Board and Classification Review Board
Members of the Classification Board and the Classification Review Board are appointed by the Governor-General for a period of not longer than five years and may be eligible for re‑appointment. The maximum statutory term for a Board or Review Board member is seven years. The Classification (Publications, Films and Computer Games) Act 1995 provides that when appointing members due regard is to be given to the desirability of membership of the Board and Review Board being broadly representative of the Australian community.
Board and Review Board appointments are advertised periodically on a national basis. No formal qualifications are specified for appointment but applicants are required to meet specified selection criteria reflecting the work qualities required to effectively carry out the work of the Boards. The selection process includes an interview for short-listed applicants and an experiential day in which applicants undertake classification exercises.
The Minister is required to consult on appointments with State and Territory Censorship Ministers before making a recommendation. Recommendations on Board and Review Board appointments are made by the Minister to the Governor‑General.
Importation and Exportation
Relevant classification information for persons importing or exporting films, computer games and publications can be found in the attached information sheets below.
Downloads: