Corruption Matters - May 2019 | Issue 53

Lobbying: a chance to have your say

The ICAC is undertaking a consultation process to gather opinions on lobbying practices in NSW. Submissions are invited on the principles of transparency, integrity and fairness concerning the conduct and regulation of lobbying in the state.

Chief Commissioner the Hon Peter Hall QC speaks at the 12th NIS

In 2010, the ICAC released Investigation into corruption risks involved in lobbying, which made 17 recommendations for change. A number of measures were implemented by the NSW Government, including a register for third-party lobbyists, publication of ministerial diaries, and ethical codes of conduct applicable to all lobbyists and public officials. The NSW Electoral Commission was also tasked with oversight of the lobbyist register and imposing sanctions for non-compliance.  

But many of the Commission’s recommendations were not adopted, and, almost a decade later, the lobbying framework in this state does not fully accord with the “10 Principles for Transparency and Integrity in Lobbying” recommended by the Organisation for Economic Co-operation and Development. Additionally, legislative and other regulatory measures now in place in other jurisdictions have raised and reinforced standards of accountability for lobbying practices.

The purpose of this consultation initiative is to receive the opinions of key stakeholders, interested professionals (including both academic and practising members of the legal profession), public officials, lobbyists and other members of the community.

The 37 questions posed by the ICAC are intended to generate debate on the appropriate form and level of regulation required to address the significant concerns and associated risks that may be posed by different types of lobbyists.

To provide respondents with a fuller understanding of the issues, the ICAC engaged two academic experts in the field to prepare a discussion paper, a copy of which is provided in the appendix. The authors of Enhancing the democratic role of direct lobbying in NSW are Dr Yee-Fui Ng, Senior Lecturer, Monash University Faculty of Law, and Professor Joo-Cheong Tham, Melbourne Law School, Melbourne University.

Consultation submissions are due by 24 May 2019

The ICAC will then conduct analysis and follow up with respondents and experts, with a view to holding a public inquiry in the next financial year.

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