Public Input Sought on Lobbying Oversight

Media release – Tasmanian Integrity Commission, 18 May 2022

Greg Melick AO SC Chief Commissioner Integrity Commission seeks public input into a review of Tasmania’s lobbying oversight system

The Integrity Commission today launched a public consultation process, seeking input from the community on Tasmania’s current lobbying system and how it might be improved.

Integrity Commission Chief Commissioner Greg Melick said this will be the first part of a multistage project, leading to the Commission taking ownership of the current lobbyist register and eventually reforming the existing system of oversight.

‘We are interested to hear people’s experiences of lobbying and their thoughts on Tasmania’s current model of lobbying oversight,’ Mr Melick said.

‘To guide submissions, the consultation process is accompanied by a brief consultation paper, providing an overview of key issues and structured questions and a more detailed research report, which reviews other systems of lobbying oversight.

‘You may be a lobbyist or someone who has been lobbied, or have been affected by public decision-making that resulted from lobbying. We are hoping to hear from anyone who has an interest in this vital democratic process.’

The existing lobbying oversight system for Tasmania was established in 2009 and is administered by the Department of Premier and Cabinet (DPAC). This system includes the Tasmanian Lobbyist Register and a Lobbying Code of Conduct.

‘It is the perfect time for this review, as responsibility for administering the existing Tasmanian Lobbyist Register and the associated Lobbying Code of Conduct will transfer from the Department of Premier and Cabinet to the Integrity Commission in July this year,’ Mr Melick said.

‘The Tasmanian community needs to have confidence that public administration and government decisions are made fairly, transparently, and in the public interest. The submissions we receive will inform recommendations to improve accountability of lobbying practices and associated decision-making within Tasmania.

‘Effective regulation increases confidence that no particular individuals or groups exercise undue influence over government.

‘A well-designed lobbying code of conduct provides clear standards of behaviour for lobbyists and those being lobbied. A transparent lobbying register allows the public to monitor which private interests are being represented, who is being lobbied, and the purpose of the lobbying.’

The consultation process is designed with the hope that everyone will be able to participate. Submissions can be made from today until 30 June. More information on how to “Have your Say” can be found at the Commission’s website: www.integrity.tas.gov.au.

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Consultation Paper – Tasmanian Integrity Commission, May 2022

Have Your Say: Reforming Oversight of Lobbying in Tasmania

1. Oversight of lobbying activities in Tasmania

Lobbying means trying to influence government decision-makers or policies to benefit a particular area of interest. Lobbying of elected officials and senior officers is an accepted and important part of democratic representation and government decision-making.

It is also an area of risk where conflicts of interest, bias and undue influence can arise. We can safeguard against these risks by having effective transparency and accountability measures in place for lobbying activities. These measures will also increase public confidence and trust in government and public administration.

The purpose of this paper is to consider how Tasmania might improve oversight of lobbying and help create greater transparency around public administration and government decision-making.

The existing State Government Register of Lobbyists and accompanying Lobbying Code of Conduct were implemented in 2009, just before the Integrity Commission Tasmania was established. The Register of Lobbyists and the Lobbying Code of Conduct have been administered by the Department of Premier and Cabinet ( DPAC) until now.

In 2022, the responsibility for administering the Tasmanian Register and the Code of Conduct will transfer to the Integrity Commission (the Commission). This means that an independent statutory authority will administer the Register and the Code of Conduct, as already occurs in Victoria, New South Wales, Queensland and Western Australia.

Now is an appropriate time to review how lobbying is managed in Tasmania and other jurisdictions, and to seek expert and community views on the best system for managing and recording lobbying within Tasmania.

This consultation paper aims to highlight the issues and risks associated with lobbyists and lobbying within state government and their potential impact on public decisions.

We are interested in hearing your experiences of lobbying and your opinion on whether and how our current model should be changed. You may be someone who has been lobbied, or is or has been a lobbyist. You could be someone who has been affected by decisions resulting from lobbying, or perhaps someone who has specific expertise or interest in this area.

We hope that this diverse input will help strengthen this reform process and provide an opportunity for Tasmania to establish a lobbyist system that is robust, efficient and transparent, and that leads to increased public confidence in decision-making by our elected representatives and public officials.

We have tried to keep our review of the issues brief, and have provided prompt questions for you to consider when making your submission. A more detailed research report on lobbying is available on our website if you would like to explore these issues in more detail. The research paper includes background information, legislation, and regulatory models from other jurisdictions.

Read the full paper here: https://www.integrity.tas.gov.au/__data/assets/pdf_file/0007/660760/consultation-paper-have-your-say-tas-lobbying.pdf

Research report – Tasmanian Integrity Commission, May 2022

REFORMING OVERSIGHT OF LOBBYING IN TASMANIA

1. Executive summary

Lobbying of elected officials and senior officers is an accepted and important part of democratic representation and government decision-making. Lobbying is when people attempt to influence government decision-makers or other government representatives to benefit their area of interest.

Lobbying is also an area of risk where conflicts of interest, bias and undue influence can arise. These risks can be safeguarded against by using effective transparency and accountability measures for lobbying activities. These measures also increase public confidence and trust in government and public administration.

Lobbying is usually conducted in private, with little, if any, public accountability for meetings or issues discussed. It can create perceptions of decisions being made to serve particular interests, rather than the public interest.

A survey by the Organisation for Economic Co-operation and Development (OECD) shows a consensus among lobbyists and legislators that lobbying transparency would help alleviate actual or perceived problems of inappropriate influence by lobbyists.

The existing State Government Register of Lobbyists and accompanying Lobbying Code of Conduct have been administered by the Department of Premier and Cabinet (DPAC) since 2009. In 2022, this administrative responsibility will transfer to the Integrity Commission (‘the Commission’). Oversight by an independent statutory authority will align Tasmania’s lobbying regulation with Victoria, New South Wales, Queensland, and Western Australia.

This is an appropriate time to review how lobbying is managed in Tasmania and other jurisdictions and to seek expert and community views on the best system for managing and recording lobbying within Tasmania.

The Commission is now seeking public input on this important issue. This research report discusses in some depth how codes of conduct are regulated in various jurisdictions. It is intended to inform the public discussion and provide an opportunity for Tasmanians to engage with the issues associated with lobbying and to submit their views on how it should be monitored into the future.

The Commission has also produced a short consultation paper that provides a briefer outline of the issues and risks associated with lobbyists and lobbying within state government and their potential impact on public decisions. It also provides some prompt questions to support public submissions on the topic.

The Commission has invited submissions from anyone about their experiences of lobbying, anyone who has been lobbied, who is or has been a lobbyist, or has been affected by decisions resulting from lobbying. It also invites submission from anyone with specific expertise or interest in this area.

We expect that this diverse input will help strengthen this reform process and provide an opportunity for Tasmania to establish a lobbyist system that is robust, efficient and transparent, and that leads to increased public confidence in decision-making by our elected representatives and public officials.

Read the full report here: https://www.integrity.tas.gov.au/__data/assets/pdf_file/0003/659721/research-report-reforming-oversight-of-lobbying-in-tasmania.pdf.