New Chairman Appointed

Professor David Flint has retired from the Press Council and his successor is Professor Dennis Pearce. Jack Herman welcomes Prof Pearce and salutes the former Chair.

The Australian Press Council has appointed Professor Dennis Pearce, a former Commonwealth Ombudsman, as its new Chairman, commencing 1 November 1997. Professor Pearce succeeds Prof David Flint, the Council's Chairman since 1987.

Prof Pearce is a specialist in administrative law, and was Commonwealth Ombudsman from 1988-1991. He is currently Professor Emeritus at the Australian National University, and was previously Professor and Dean of its Law Faculty. He also chairs the Attorney-General's Copyright Law Review Committee.

Married with two children, he was born in Adelaide in March 1940 and currently lives in Canberra. He completed his undergraduate work, in Law, in Adelaide and his Masters and Doctorate at the ANU. He has worked as a solicitor, as well as a teacher and, apart from his years as Ombudsman, was Professor of Law at ANU from 1981 to 1996.

Prof Pearce has published major works in interpretation of statutes, Delegated Legislation and Administrative Law. He also headed an assessment of Australian Law Schools in the mid 1980s. Other major reports to government have dealt with Satellite Pay-TV Licence Deposits, the MDS Tendering Process, ACT TAB - VICTAB Contract, the CASA Conflict of Interest Policy and the Repatriation Medical Authority.

Appointment

The Press Council's Vice Chairman, Lange Powell, a public member of the Council, says, in discussing the appointment of a new Chair, that the Council's role and public profile has been greatly enhanced under Prof Flint's leadership.

"The Council has been keen to appoint a Chairman whose personal standing and professional experience will further strengthen its two main functions: preserving press freedom, and dealing with community concerns about publications.

"Professor Pearce's background demonstrates precisely the independence and commitment to the public interest that the Council wants to maintain. We are delighted that he has responded with such enthusiasm to our invitation to take up the Council's key position," Mr Powell adds.

He notes that, once the Council had settled on the criteria it was looking for in its Chairman, he had canvassed all Council members for nominations. Members of the Council had discussed that list and made recommendations which were referred to a committee which put three names before the Council. From that shortlist, the Council agreed that Prof Pearce was its choice and he was approached about the position.

He was subsequently interviewed by the search committee and, after its report to the Council, unanimously invited him to accept the position.

Prof Pearce says he is excited by the challenge of the position, and honoured to have been asked to chair a body that performed such an important role in Australian society.

"Press freedom is essential to the maintenance of democracy in our nation. However, with freedom come responsibility and respect - responsibility to inform the public quickly and accurately about the affairs of the nation, and respect for the dignity and privacy of individuals.

"Sometimes these two matters may appear to conflict. So it is appropriate for a single body, the Press Council, to undertake the delicate task of balancing them", he said.

The new Chairman sees his background in government accountability as the reason he finds the new job exciting and challenging. "My previous perspective has been in administrative law and as an Ombudsman. I now see a need to ensure that the other great means of calling governments to account - the press - is preserved. But my background is also ensuring that power is not abused. This is the second function of the Press Council, because the press exercises immense power which is easily capable of misuse."

Prof Pearce says that he views press self-regulation as essential in Australia because a regulated press loses the ability to act as a check on government. He is impressed by the work so far done by the Council in this area but hopes to bring some new ideas to the role and improve the efficiency and effectiveness of the Council as a self-regulatory body.

Outside his professional work, Prof Pearce notes one major interest: reading. But he adds that his work affects his main leisure activity. "When I was a parliamentary drafter, I read the punctuation. As a lawyer it is hard not to read with the writer's liability in mind. Already my leisure reading has been affected by my appointment and I am reading with a view to the application of Press Council principles."

In welcoming the appointment of his successor, Prof Flint says Prof Pearce's experience in the law and as Ombudsman, and the respect he enjoys among his colleagues, augurs well for the future of the Press Council.

"My 10 years as Chairman of the Council were a great honour for me, and I have enjoyed working with its members and staff.

"I wish the Council well, and I shall continue to share with it a strong commitment to the maintenance of press freedom and responsibility", he says.

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Professor David Flint

Prof Flint, Professor of Law and former Dean of the Law Faculty at the University of Technology Sydney, has been a public member or Chairman of the Press Council since September 1980. He was appointed as an alternate to Prof Percy Partridge, as a representative of the public on the Press Council, by the founding Chairman, Sir Frank Kitto. Prof Flint became a full member in January 1982 and was Vice Chairman from October 1985 until January 1987. Following the resignation of Hal Wootten QC as Chairman, he was acting Chairman and was subsequently appointed Chairman of the Council in February 1987, a position he has held until his retirement. Prof Flint was also the founding Chair of the Council's Freedom of the Press Committee - a position he occupied since the committee's inception in 1982.

Prof Flint has been noted for his consistent defence of both the freedom and the responsibility of the press and has increased the public profile of the Council through the publication of a newsletter, holding of public forums, sponsoring case studies seminars, making detailed submissions to government and other authorities on issues affecting freedom of the press and by speeches, articles and interviews in the media.

Prof Flint says that, when he was first appointed to the Council, he was impressed by the care taken in considering complaints. "The procedure was informal and efficient but members took each complaint very seriously. I was also impressed that the Council's work was achieved with such a small staff".

He sees as the major deveopment in his time as Chairman that he "has brought the Press Council to the people. We have worked together, the Council and the office, showing that the freedom and the responsibility of the press are not contradictory. The Council needed to let the public know what its role is. It is better known than before: it publishes widely; its adjudications are on the Internet; its advice is sought internationally; and it has become prominent in the defence of freedom of the press. Most importantly, the Council has verified its complaints process through surveys and questionnaires. And published the results".

Prof Flint regards the line drawn between electronic and print media as artificial. But he thinks it would be premature for the Council to deal with both. The area where there was room for improvement, he argues, is in making complaints hearings more accessible to complainants outside Sydney.

Prof Flint says that he had a strong interest in freedom of the press as an essential element in a democrcacy. "I think that this has developed further as a result of my service on the Council".

Even as he retires from the Council, Prof Flint wants to affirm his belief in the objects of the Council, "which are so important to our future as a democracy. The profile of a Council member is that of a person willing to serve without personal profit. Moreover a member must be a person of very high principles, and is fun to be with. I shall always feel a part of the Press Council, even though my formal links have come to an end".

David Flint's Contribution

Jennifer Treleaven, who was employed by the Council from 1980 to 1994 and was Executive Secretary from 1986 until her retirement, worked with the first four Chairmen of the Council. "I can recall occasions when every one of them said or did something noteworthy or memorable. People (both Council members and others) have commended David Flint for his great contribution to the Council. He has been the longest serving Chairman to date with ten years in the Chair, during which time the Council certainly has become better known in the community generally.

"However, one incident stays in my mind as being of particular significance. It was at that historic special meeting of the Council on 11 December 1986 (which was convened to discuss News Limited's takeover bid for the Herald & Weekly Times group). As has been chronicled elsewhere, there was disagreement over what action the Council should take and, as a result, the Chairman and one of the AJA representatives walked out. With no hesitation, David Flint, then Vice-Chairman, took the Chair and quietly and competently brought the meeting to order and, in effect, ensured the continuance of the Australian Press Council. It was a foregone conclusion that the Council would appoint him the next Chairman just a month later!"

Lange Powell says of the former Chairman: "Over the past decade, the Council has become a consistent and vigorous advocate for the interests of newspaper readers, and for the rights and responsibilities of the Australian press. Growing community awareness of the Council's services has been reflected in an increase of nearly 120% in the number of complaints it receives.

"I particularly appreciated David Flint's ability to hold together a large Council with a great diversity of opinions. David seems to have made a virtue out of something which can create fragmentation and factionalism, to the detriment of an organisation. Under David's leadership, with Dorothy Ross' strong support, I never saw such difficulties arise in the Council.

"I was also impress by David's obvious enthusiam for the Council and what it represents. The level of energy and persistence that comnes from the members - and especially from the leadership - of an organisation like the Press Council is a key driver of its success, and we owe a debt of gratitude to David's inspirational performance over the years."

Peter Costigan, a journalist member of the Council since 1982, also remembered Prof Flint's role from the same time. "David Flint will always be remembered for his role in keeping the Council together 10 years ago. Along with Dorothy Ross, he led the APC from a period of turmoil into an era of ever-growing strength. Before he became Chairman, David was admired as an intelligent, thoughtful public member who listened, assessed and came to judgment with care. As Chairman, he added to those innate qualities a touch of steel, a flair for understanding not only the Council's role, but the nature of the Australian media, and an ability to enhance and promote the Council's reputation. It is a measure of the respect for his leadership qualities that over a difficult decade for the press, there was never the slightest hint that any of the members wanted to replace him."

Another member of the Council, John Morgan, who has served both as a publisher's representative and as an Editor member of the Council noted, "David brought public attention to the Australian Press Council as no Chairman before had done. He was prepared to talk to the media and face any reaction that came. He lifted the profile of the APC. Patience, politeness and a constant consideration for complainants, 'accused' and APC members."

Margaret Jones, another journalist member says of the former Chairman, "One of David Flint's major achievements during his 10 years as Chairman was to raise the public profile of the Australian Press Council, both at home and abroad. He was indefatigable in giving interviews to the press and the electronic media on Press Council matters, and he became an influential figure in the World Association of Press Councils, a body which he helped to set up. This resulted in frequent invitations to speak at association gatherings, which substantially increased the APC's international stature."

see also
David Flint's Ten Year Report 1987-1997 (363 kB)

see also
Index of Dennis Pearce's material on the website

Index of David Flint's articles

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