Yet another game has been banned
because of the absence of an R18+ rating. LEISURE SUIT LARRY: MAGNA CUM LAUDE
was Refused Classification on Thursday.
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The full Review Board report for ANATOMY
OF HELL has now been added to the site.
******
The Annual report of the South Australian Classification Council has
just been released. It's reproduced below in its entirety. What a riveting
read it is.
ANNUAL REPORT of the SOUTH
AUSTRALIAN CLASSIFICATION COUNCIL for the Year Ended 30 June 2004
The Honourable Michael
Atkinson, MP, Attorney-General for South Australia,
Sir,
Pursuant to the provisions of
Section 90 (1) of the
30 June 2004.
COUNCIL MEMBERSHIP
Three members of the Council
constitute a quorum.
During the year the Council
comprised the following members:
A legal practitioner, Ms Julie
Redman, LL.B (Chairperson);
A person skilled in the field
of child psychology, Mr Michael Dawson (B.A., DipEd, Registered Psychologist
(MAPS));
A person with wide experience
in education, Ms Angela Conway (B.A., LL.B., Grad. Dip. Secondary
Education, Grad. Dip. Design Studies).
Three other people who possess,
in the opinion of the Governor, other proper qualifications to participate
in the deliberations and functions of the Council:
Mr Anthony Durkin (LL.B.)
Rev Doctor Robert Iles (B.Ed.,
L.T.H., Dip.R.E., M.A., Ph.D.)
Ms Katherine O’Neill (B.A.
(Hons), LL.B (Hons))
Registrar
Ms Wilhelmina Chapman of the
Attorney-General's Department.
RELATIONSHIP BETWEEN THE
COMMONWEALTH OFFICE OF FILM AND LITERATURE
CLASSIFICATION AND THE SOUTH AUSTRALIAN CLASSIFICATION
COUNCIL
The Commonwealth Classification
(Publications, Films and Computer Games) Act 1995 came into
effect in January 1996. The Act provides for the classification of
publications, films, and computer games
by the Commonwealth Classification Board in accordance with the criteria
set in the National Classification Code
and classification guidelines.
Classification decisions made
by the Board are adopted by South Australia but may be reviewed under
the State Classification (Publications, Films and Computer Games) Act
1995. The South Australian
Classification Council or the Minister may classify a publication, film or
computer game despite the fact that it
is classified under the Commonwealth Act. Such a classification has
effect to the exclusion of any classification
under the Commonwealth Act.
The classification criteria in
the State Act are identical to the criteria applied by the Commonwealth
Board to ensure that decisions are made on the
same basis at both State and Commonwealth levels. Despite
this there may still be a difference between the two bodies because the
Council is comprised of South Australian
residents and endeavours to consider the standards accepted by the South
Australian community in particular.
APPLICATION OF CRITERIA TO BE
APPLIED BY THE COUNCIL PURSUANT TO SECTION
19 OF THE ACT
The Council must comply with
section 19 of the
19. The matters to be taken
into account by the Council or the Minister in making a decision
on the classification of a publication, film or computer game include-
(a) the standards of morality,
decency and propriety generally accepted by reasonable adults;
and
(b) the literary, artistic or
educational merit (if any) of the publication, film or game; and
(c) the general character of
the publication, film or game, including whether is of a medical,
legal or scientific character; and
(d) the persons or class of
person to or amongst whom it is published or is intended or likely
to be published.
Classification decisions are to
give effect, as far as possible, to the following principles:
(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 a person
in a demeaning manner.
ACTIVITIES OF THE SOUTH
AUSTRALIAN CLASSIFICATION COUNCIL
Costs
The Council met once in 2003 -
2004. Its expenditure for the year was $1,702.25.
Inquiries received from the
general public in relation to censorship in SA
During 2003-2004 a number of
queries were received relating to censorship in its broad sense. A number
of the inquiries related to matters outside the jurisdiction of the South
Australian Classification Council. In
those cases, people requesting information were directed to the appropriate
organisation that could assist them.
Below is a table of all
inquiries received in 2003-2004.
Inquiries Received NO RECEIVED
Query about consumer warnings 1
Query about a retailer 1
Query about a video/DVD 1
Query about advertising 3
Query about CD 1
Query about classification of a
computer game 1
Query about films 4
Complaint about Internet
content 2
Query about live performance 1
Inquiry about classification of
merchandise 1
Complaint about merchandise 1
Query about publications 2
Query about showing films in a
public place 1
Complaint about TV content 2
Information about adult shops 2
Information about Film
Classification 2
Information about sale of
publications 1
Information about sale of
videos 2
Inquiry about consumer advice
attached to films 1
TOTAL 30
The number of inquiries has
decreased by 30% from 2002 - 2003.
Review of Classifications
1. Publication
· Council received a complaint
about ‘People’ magazine 8 September 2003 edition.
Council was not persuaded that
the content of this publication would cause minors damage,
anguish or emotional trauma, though it agreed with the consumer advice
attached by the national Board that the
material could not be recommended for younger readers.
Council decided not to classify
this publication.
2. Films
· The Council did not consider
the classification of any films
3. Computer Games
· The Council did not consider
the classification of any computer games.
THE CLASSIFICATION OF
THEATRICAL PERFORMANCES BOARD
Under the Classification of
Theatrical Performances Act 1978 members of the South Australian
Classification Council are also members of the
Classification of Theatrical Performances Board.
APPLICATION OF CRITERIA TO BE
APPLIED BY THE BOARD PURSUANT TO SECTION
11 OF THE ACT
The Board must comply with
section 11 of the
11. (1) In considering
questions as to whether a theatrical performance is offensive, or suitable
or unsuitable for children, the Board shall have regard to standards of
morality, decency and propriety that are
generally accepted by reasonable adult persons.
11. (2) In performing its
functions under this Act the Board shall have due regard to the nature
of the theatrical performance under consideration and to all other
relevant factors that bear upon the
classification or conditions that should be assigned to, or imposed in
respect of, the theatrical performance.
No theatrical performances were
reviewed by Council.
COMMUNITY LIAISON SCHEME
The Community Liaison Scheme (CLS)
is a joint State and Federal initiative designed to support the operation
of the cooperative national classification scheme. Through a program of
site visits, CLS staff provide an
education service to business in each State and Territory involved in
selling or displaying classified
products. These include films, video/DVD, certain publications and
computer games.
Through a program of site
inspections and strategic projects aimed at industry sectors, CLS staff
help to ensure that accurate and timely
classification information is available to consumers of classified
material, and in particular to those who wish to make informed decisions
about the products consumed by those in
their care. CLS staff undertake individual inspections of businesses
in all States and Territories, identifying
problems and providing advice on how to better comply with the
legislative requirements of the National Scheme. CLS also works with
industry sectors (such as publishers,
computer games distributors, the cinema industry, the sale/hire chains) to
educate them on industry specific issues
and encourage them to provide for classification costs and resulting
requirements in their business cycle.
In the 2003-04 financial year,
CLS staff spent 15 working days in South Australia, undertaking approximately
120 site visits in both metropolitan and country locations.
Areas visited include Adelaide
city, most Adelaide suburbs, Victor Harbour, Port Pirie, Port Augusta,
Whyalla, Peterborough, Clare and Gawler. Sites visited include cinemas,
video hire stores, computer games
stores, newsagents and most major shopping complexes. Some breaches of the Act were detected. CSL officers
commonly deal with breaches either by educating the retailer concerned
or by reporting the matter to police.
CLASSIFICATION INFORMATION
South Australian Classification
Council Website
The South Australian
Classification website outlines the classification system, answers some
common questions and explains how to complain
about offensive material. The address is ‘www.sacentral.sa.gov.au/agencies/cpb’.
Commonwealth Office of Film and
Literature Website
The following information can
be accessed at the Office of Film and Literature Classification’s
website: ‘www.oflc.gov.au’
· The Commonwealth Act and
Regulations
· Guidelines for the
Classification of Publications
· Guidelines for the
Classification of Films and Computer Games
· Classification Database
· Decisions of the
Classification Review Board
· Notice of calls for public
submissions on classification matters
· Annual reports of the
Classification Board and Classification Review Board.
There is also general
information for both consumers and industry.
Relevant Acts
The South Australian Classification
(Publications, Films and Computer Games) Act 1995 may be
accessed at ‘www.parliament.sa.gov.au’.
The Commonwealth Classification
(Publications, Films and Computer Games) Act 1995 may be
accessed at ‘www.austlii.edu.au/au/legis/cth/consol_act/’ or through
the Office of Film and Literature
Classification website