Office of Film and Literature Classification
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1 POSITION DESCRIPTION: Deputy Chief Censor of Film and Literature Office of Film and Literature Classification Position Details Position Deputy Chief Censor of Film and Literature Office of Film and Literature Classification, Wellington Appointment Appointment is by the Governor-General, on the recommendation of the Minister of Internal Affairs acting with the concurrence of the Minister of Women s Affairs and the Minister of Justice. Term Conditions Restriction Appointment may be for any period not exceeding three years. Reappointment may be available for a further period Remuneration is set by the Remuneration Authority. The Chief Censor will establish other conditions with the preferred appointee, in consultation with the Minister of Internal Affairs The Deputy Chief Censor may not be a member of a local authority. As a statutory appointment, the conditions of appointment are set out in the Films, Videos and Publications Classification Act 1993 (the Act). The Office of Film and Literature Classification is an independent Crown entity. Appointments to the Office are subject to the provisions of the Crown Entities Act This document was approved by the Minister of Internal Affairs in [2014] and is intended to summarise the position of Deputy Chief Censor, and serve as a guide to the skills and competencies required in the role. Office of Film and Literature Classification The Office of Film and Literature Classification (the Classification Office) is an independent Crown entity in terms of Part VI of the Act and as set out in Schedule 1 of the Crown Entities Act The Classification Office performs its powers and functions with statutory independence from the Government. The Minister of Internal Affairs cannot direct the Classification Office in any way regarding its statutory powers and functions. The Classification Office may be directed by a whole of Government direction issued by the Minister of Finance and the Minister of State Services. The Classification Office must also abide by instructions issued by the Minister of Finance under section 174 of the Crown Entities Act Background The Films, Videos and Publications Classification Act 1993 (the Act) was enacted following the 1989 Report of the Committee of Inquiry into Pornography. One of the Committee s main recommendations was that one statute should replace the then three separate acts covering films, video recordings and printed publications. The Office of Film and Literature Classification opened on 1 October Position Description Deputy Chief Censor, 2014 Page 1 of 7
2 Function The function of the Classification Office is to classify publications submitted to it under the Act. Publications submitted to the Classification Office include film, video recordings, books, magazines, sound recordings, CD-ROMs and other computer-based publications, photographs and other various items, such as billboards and playing cards. The functions of the Classification Office, specified in section 77 of the Act, are to: a) determine the classification of any publication submitted to it under the Act; b) determine any question relating to the character of a publication referred to it by a court under the Act in any civil or criminal proceedings; c) determine whether or not, in the case of any publication classified as a restricted publication, conditions should be imposed in respect of the public display of that publication, or any advertising or film poster relating to the publication, and if so, what conditions; d) examine any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted for classification; e) determine any application made under the Act for an exemption from the provisions of the act in respect of any publication; and f) exercise and perform such other functions, powers and duties as are conferred or imposed on the Classification Office under this Act or any other enactment. The Classification Office is also required to: a) report in accordance with the Crown Entities Act 2004; b) include an Information Unit with functions that are specified in section 88 of the Act, and which in brief are to: provide the Classification Office with research services; disseminate to the public information about the functions and powers of the Classification Office, and the procedures for the classification of publications; receive enquiries and complaints concerning the operations of the classification system; and c) maintain a register of all its decisions which is to be available for public inspection, and to produce a list of decisions every month. Role of the Deputy Chief Censor The role of Deputy Chief Censor is full time and based in Wellington. As the Board of the Office of Film and Literature Classification The Chief Censor and the Deputy Chief Censor, are Chairperson and Deputy Chairperson of the Board of the Classification Office for the purposes of the Crown Entities Act Under section 85(2) of the Act, subject to section 85(1), the Chief Censor and the Deputy Chief Censor, as the Board, shall be responsible for the exercise of the functions and powers of the Classification Office under the Act. As Deputy Chief Censor Section 85(1) of the Act vests responsibility for matters of administration of the Classification Office in the Chief Censor. This responsibility includes the allocation of spheres of responsibility between the Chief and Deputy Chief Censors, and the allocation of duties Position Description Deputy Chief Censor, 2014 Page 2 of 7
3 among the classification officers. The Chief Censor has previously allocated to the Deputy Chief Censor responsibility for scheduling the examination of publications, the granting of applications for urgency, the direct management of three senior classification officers and administration of the Office s fraud policy. Under section 86 of the Act, on the occurrence from any cause of a vacancy in the office of Chief Censor, and in the case of absence from duty of the person appointed as Chief Censor (from whatever cause arising), and for as long as any such vacancy or absence continues, the Deputy Chief Censor shall have and may exercise all the powers, duties, and functions of the Chief Censor under the Act. Under section 87 of the Act, the Chief Censor may, from time to time, delegate any of his or her powers and functions under the Act (other than the power of delegation) to the Deputy Chief Censor. Any such delegation may be made subject to such restrictions and conditions as the Chief Censor thinks fit, and may be made either generally or in relation to any particular case or class of cases. Role of the Chief Censor Under section 85(1) of the Act, the Chief Censor shall be responsible for matters of administration in relation to the Classification Office, including: a) the allocation of spheres of responsibility between the Chief Censor and the Deputy Chief Censor; and b) the allocation of duties among the classification officers. The Chief Censor, as the Chair of the Board and Chief Executive of the Classification Office, is accountable to the Minister of Internal Affairs for: the strategic direction of the organisation and appropriate engagement of the Minister in the development of that strategic direction; the delivery of the outputs detailed in a memorandum of understanding between the Minister and the Chief Censor to the quality, quantity and within the cost specified; reporting progress against the Classification Office s intended outcomes; the financial performance of the Classification Office; managing risks to the Crown; open communication with the Minister and the Department of Internal Affairs, the monitoring department [CO(06)5 refers]; the effective management and maintenance of the capability of the Classification Office; providing an annual Statement of Intent and Annual Report, consistent with the Crown Entities Act 2004; and providing any information sought by the Minister in a timely manner, in accordance with section 133 of the Crown Entities Act Position Description Deputy Chief Censor, 2014 Page 3 of 7
4 SUMMARY OF POSITION Key relationships Chief Censor of Film and Literature; Staff of the Office of Film and Literature Classification; Minister of Internal Affairs; Department of Internal Affairs; Ministry of Justice; Ministry of Women s Affairs; the Commissioner of Police and enforcement agencies, (for example New Zealand Police, New Zealand Customs Service, Censorship Compliance Unit of the Department of Internal Affairs); Courts; industry organisations; and community groups. Key priorities Management of organisational performance The Deputy Chief Censor must be able to: support the Chief Censor in his management of staff, finances and reporting and monitoring requirements of the Classification Office effectively; and exercise the statutory powers and functions of the Classification Office as set out in the Films, Videos and Publications Classification Act 1993, and to the standard agreed in the memorandum of understanding between the Chief Censor and the Minister. Delegated functions The Deputy Chief Censor must be able to carry out any duties and functions delegated by the Chief Censor and exercise all the duties and powers of the Chief Censor in the Chief Censor s absence. Key selection criteria The Deputy Chief Censor will exhibit the following skills/knowledge/attributes that have been defined as essential to effective performance in the position. Appreciation of censorship issues and legal processes Although actual censorship experience is not a prerequisite, applicants must demonstrate an understanding of censorship issues. The Classification Office is a quasi-judicial body and applicants must also demonstrate an understanding of legal and judicial processes. Position Description Deputy Chief Censor, 2014 Page 4 of 7
5 Management ability at a senior executive level This would include an understanding of, and preferably experience in, government sector financial management, planning and reporting; and leadership and strategic management competencies. Organisational analysis ability This would include demonstrated experience in analysing, assessing and developing proposals on improvements to systems and processes, leading to improvements in efficiency and effectiveness. Critical management competencies Management values characterised by: role-modelling behaviour that others can admire and emulate; the ability to maintain high quality performance under duress and pressure; and the ability to attract the trust and confidence of people through honesty and integrity. Collaborative approach characterised by: a commitment to working effectively with industry and consumer groups, relevant government agencies and other interested parties; working closely with the Chief Censor to achieve common objectives; and contributing personal and professional expertise to collective decision-making. Ability to build and sustain relationships characterised by: a continuing awareness of key stakeholders within the public and private sectors, the industry and the wider community, their views and issues that affect those views; broad and effective external networks, which are effective in relationship building and information gathering; a commitment to build and sustain an appropriate image and profile of the Classification Office; a willingness to establish and maintain a positive relationship with the media; knowledge of the Crown s obligations under the Treaty of Waitangi and demonstrated sensitivity to appropriate consultation processes with iwi/mäori and other ethnic groups; and the ability to facilitate and initiate excellent consultative processes with all stakeholders. Position Description Deputy Chief Censor, 2014 Page 5 of 7
6 Effective communication characterised by: the ability to present well in a public forum, different social settings, media and with staff to present a credible and articulate public face to the organisation; and the ability to listen, be receptive, and encourage participation and mutual understanding. Managerial expertise characterised by: management of the Classification Office to achieve the requirements of the Act and the Classification Office s own goals; and effectively overseeing, managing and improving the Classification Office s performance. Resource management capability characterised by: experience in systems and process improvement; experience of managing in the public sector; familiarity with government processes and public sector financial management; knowledge of employment law and human resource management; a thorough understanding of the requirements of the Crown Entities Act 2004 and its application to Crown entities; the propensity to set real challenges for staff, to create an environment of shared values; interest and motivation, to be honest and up-front with people about performance, to involve people in decision-making, and build ownership of outcomes and accountability; effective project and planning skills; an understanding and appreciation of the way in which technology can be applied to achieve organisational outcomes; understanding of auditing and quality assurance principles and systems; and the ability to achieve leverage from organisation resources, including financial resources, through planning, budgeting and strategic resource allocation. Other required competencies Strategic intellectual capability characterised by: a clear focus on long-term goals and the ability to devise more than one way of getting there; the ability to form clear views; the ability to imagine, create, and examine something ahead of time; the capacity to gain knowledge of a new area very quickly, and an orientation to continuous learning; and highly developed critical reasoning, the capacity to handle complex and often conflicting policy issues, the capacity for objective analysis and incisive thinking. Position Description Deputy Chief Censor, 2014 Page 6 of 7
7 Orientation to outcome and action characterised by: a determination to achieve the result, energy and drive, and the desire to take on new challenges; and the ability to make early decisions the willingness to confront hard decisions and make them on time. Negotiating skill characterised by: negotiating skilfully in difficult situations with both internal and external groups; quickly gaining the trust of other parties to negotiations; and being direct and forceful, as well as diplomatic. Problem solving (including decision-making) ability characterised by: the use of logical and rigorous methods to solve difficult problems; an understanding of the size, scope and nature of a problem, and the ability to apply only as much resource as is needed to solve it; a high level of astuteness and awareness of sensitive issues and being a resource person for the provision of advice and guidance within the Classification Office, the wider public sector and stakeholders with respect to classification matters; and always moving towards completion and keeping the goal in sight. Effective team building characterised by: the ability to work collaboratively with others in structured and unstructured situations to achieve team objectives; a commitment to achieving goals within a team environment and willingness to work as a team member; and proactive information and knowledge sharing, understanding one s own strengths and weaknesses in group roles. Required technical competencies: an appreciation of the issues relating to censorship; an ability to apply the law objectively in the censorship arena; maintaining and supporting ethical and professional standards; understanding of leading edge information technology issues in relation to censorship; experience in dealing with the media and lobbying by industry groups; ability to make decisions in a consultative manner, and under the public spotlight, while maintaining an awareness of public/community values; an understanding of social research findings; the ability to operate effectively under the pressure of externally enforced deadlines; and the ability to deal with objectionable material in an objective manner, and to influence and support staff to do likewise. Position Description Deputy Chief Censor, 2014 Page 7 of 7
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