27 September 2023

New lobby code to nobble lobbyists

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A new Premier’s Memorandum has been issued explaining the continuing arrangements for the regulation of lobbying in NSW.

Memorandum M2019-02 NSW Lobbyists Code of Conduct sets out the requirement that NSW Government officials are not to have lobbying contact with unregistered third-party lobbyists and must observe special precautions when meeting with any lobbyist who has been placed on the Lobbyists Watch List.

The Memorandum says that in 2014 changes to the rules of lobbying in NSW were made to strengthen the regulation of third-party lobbyists and other lobbyists.

The Memorandum says that those changes conferred lobbying-related regulatory functions on the NSW Electoral Commission.

It says that the 2014 legislation also applied a set of ethical standards to all third-party lobbyists and other individuals and organisations that lobbied Government.

It also enabled an independent regulator to investigate alleged breaches and impose sanctions, which could result in lobbying firms being removed from the Lobbyist Register and other organisations being placed on the Lobbyists Watch List.

Under the rules, lobbyists are required to tell the Government when seeking a meeting with a Government official; disclose any interest in the matter proposed to be discussed; not engage in any conduct that is misleading, deceptive, corrupt, or otherwise unlawful, and use all reasonable endeavours to satisfy themselves of the truth and accuracy of all material information provided.

The Memorandum said these rules applied to all NSW Government officials including Ministers and Parliamentary Secretaries; staff of Ministers and Parliamentary Secretaries; heads of NSW Public Service Agencies; employees of (and contractors with) the NSW Public Service; the NSW Transport Service and any other service of the Crown; and members of NSW statutory bodies.

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