Corruption Matters - November 2019 | Issue 54
Lobbying inquiry: final phase
Phase 2 of the ICAC’s investigation into lobbying, access and influence in NSW has been completed, with the final phase scheduled for February 2020. Under Operation Eclipse, the ICAC is examining whether risks, undue influence or corruption exist in lobbying, and whether any such risks can be satisfactorily managed and eliminated.
The ICAC last examined lobbying practices in its 2010 report, Investigation into corruption risks involved in lobbying, also known as Operation Halifax. Not all the recommendations made by the ICAC at that time were adopted. Like its predecessor, Operation Eclipse differs from investigations usually conducted by the ICAC in that it is not concerned with examining whether any particular individual may have engaged in corrupt conduct.
On 5 August 2019, in his opening address of Operation Eclipse, Senior Counsel Assisting the inquiry, Dr Nicholas Chen SC, outlined the key elements of a lobbying regime as had been proposed by the ICAC in Operation Halifax. He noted that the current scheme that has since been adopted in NSW to regulate lobbying “remains well below international best practice”.
In April 2019, the ICAC released a discussion paper, The regulation of lobbying, access and influence: a chance to have your say, which identified four fundamental principles that would underpin an ideal model for lobbying: transparency, integrity, fairness and freedom.
The paper included a range of consultation questions to stimulate debate around how current regulation of lobbying, access and influence in NSW might best be enhanced in accordance with these principles. In response, we received 43 formal submissions from individuals and organisations, including academics, registered lobbyists, government departments, local councils, and advocacy and community groups.
Prior to phase 2, an interim paper was released in October 2019 to update interested parties on the ICAC’s public inquiry and provide information on specific issues that were to be explored. This paper also includes comments by Chief Commissioner the Hon Peter Hall QC concerning the nature of corrupt conduct as it might apply to lobbying in NSW.
Any person or organisation wishing to respond to the issues raised in this paper, or any other aspect of Operation Eclipse, is invited to make a submission and/or apply to give evidence at the public inquiry by contacting the ICAC as follows.
Contact: Dr Iris Kirkpatrick, Senior Corruption Prevention Officer
Telephone: (02) 8281 5702
Email: lobbying@icac.nsw.gov.au
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