The Independent Commission Against Corruption (ICAC) has called for public comment on the rules governing lobbying in NSW and has published a discussion paper addressing its concerns.
The Commission is conducting an investigation into the regulation of lobbying, access and influence in NSW called Operation Eclipse.
Chief Commissioner of the NSW ICAC, Peter Hall QC, (pictured) has released the discussion paper titledEnhancing the democratic role of direct lobbying in NSW.
Commissioner Hall said the paper addresses principles of transparency, integrity and fairness concerning or associated with lobbying practices in NSW, among other matters.
He said the Commission engaged academics Dr Yee-Fui Ng, Senior Lecturer at Monash University Faculty of Law and Professor Joo-Cheong Tham from Melbourne Law School at the University of Melbourne to prepare the discussion paper.
He said the discussion paper was appended to an introductory paper, The regulation of lobbying access and influence in NSW: a chance to have your say, which also explains how to make a submission.
In the paper, Chief Commissioner Hall notes that lobbying, when conducted on proper lines, can have beneficial outcomes.
However he said it could also be argued that “lobbying might lead to decisions by government and/or public officials in circumstances of unjustified secrecy, where processes are sometimes criticised as lacking transparency or accountability, while particular groups or the public generally are denied the opportunity of being heard.”
He said Operation Eclipse follows the Commission’s 2010 lobbying investigation, Operation Halifax, which resulted in recommendations published in the report, Investigation into corruption risks involved in lobbying, to tighten the lobbying legislative and regulatory framework in NSW.
“Although the Commission regards the implementation of the recommendations made at that time as a step in the right direction, regulatory practice in other jurisdictions suggests that a review of lobbying practices in NSW is now overdue,” Chief Commissioner Hall said.
The deadline to submit responses is 24 May and the Commission’s 52-page discussion paper can be accessed at this PS News link.
