KEY FEATURES OF A LOBBYING REGULATORY SCHEME

1. Enactment of legislation to provide for the regulation of lobbyists, including the establishment and management of a Lobbyists Register.

2. Development of a model policy and procedure for adoption by all departments, agencies and ministerial offices concerning the conduct of meetings with lobbyists, the making of records of these meetings, and the making of records of telephone conversations. As a minimum, the procedure should provide for:

a.Third Party Lobbyist and anyone lobbying on behalf of a Lobbying Entity to make a written request to a Government Representative for any meeting, stating the purpose of the meeting, whose interests are being represented, and whether the lobbyist is registered as a Third Party Lobbyist or engaged by a Lobbying Entity.

b. Government Representative must verify the registered status of the Third Party Lobbyist or Lobbying Entity before permitting any lobbying.

c. Meetings are to be conducted on government premises or clearly set out criteria for conducting meetings elsewhere

d. Minimum number and designation of the Government Representatives who should attend such meetings.

e. Written record of the meeting, including the date, duration, venue, names of attendees, subject matter and meeting outcome.

f. Written records of telephone conversations with a Third Party Lobbyist or a representative of a Lobbying Entity.

3. “Open access information” to include records of Lobbying Activities, for which there is no overriding public interest against disclosure.

4. All agencies proactively to  release lobbying information, for which there is no overriding public interest against disclosure, including by publishing that information on their websites.

5. Government to develop a code of conduct for lobbyists, which sets out mandatory standards of conduct and procedures to be observed when contacting a Government Representative. The Lobbyist Code should include requirements that lobbyists must:

a. inform their clients and employees who engage in lobbying about their obligations under the code of conduct;

b. comply with the meeting procedures required by Government Representatives with whom they meet, and not attempt to undermine these or other government procedures or encourage Government Representatives to act in breach of them;

c. not place Government Representatives in the position of having a conflict of interest;

d. not propose or undertake any action that would constitute an improper influence on a Government Representative, such as offering gifts or benefits.

6. Legislation enacted to include a provision that a Government Representative not permit any Lobbying Activity by a Third Party Lobbyist or any person engaged by a Lobbying Entity, unless the Third Party Lobbyist or the Lobbying Entity is registered on the Lobbyists Register.

7. All Third Party Lobbyists and Lobbying Entities are required to register before they can lobby any Government Representative. This register would comprise two panels; one for Third Party Lobbyists and one for Lobbying Entities. Both Third Party Lobbyists and Lobbying Entities would disclose on the register the month and year in which they engaged in a Lobbying Activity, the identity of the government department, agency or ministry lobbied, the name of any Senior Government Representative lobbied, and, in the case of Third Party Lobbyists, the name of the client or clients for whom the lobbying occurred, together with the name of any entity related to the client the interests of which did derive or would have derived a benefit from a successful outcome of the lobbying activity.

8 An independent government entity to maintain and monitor the Lobbyists Register, and sanctions to be imposed on Third Party Lobbyists and Lobbying Entities for failure to comply with registration requirements and/or who submit a false declaration.

9. The code of conduct for lobbyists to contain a clear statement prohibiting a lobbyist or a lobbyist’s client from offering, promising or giving any gift or other benefit to a Government Representative, who is being lobbied by the lobbyist, has been lobbied by the lobbyist or is likely to be lobbied by the lobbyist.

10. Lobbying regulatory scheme to include provisions that former ministers and parliamentary secretaries shall not, for a period of 18 months after leaving office, engage in any Lobbying Activity relating to any matter that they had official dealings with in their last 18 months in office. Former ministerial and parliamentary secretary staff and former Senior Government Representatives shall not, for a period of 12 months after leaving their public sector position, engage in any Lobbying Activity relating to any matter that they had official dealings with in their last 12 months in office.

11. Lobbying regulatory scheme to include a prohibition of the payment to or receipt by lobbyists of any fee contingent on the achievement of a particular outcome or decision arising from a Lobbying Activity.

 Definitions

1. Communication: A communication by means of telephone, electronic mail, written words and face-to-face meetings.
2. Government Representative: A minister, parliamentary secretary, ministerial staff member or a person employed, contracted or engaged in a public sector agency
3. In-house Lobbyist: Those who as part of their employment with an organisation engage in lobbying on behalf of that organisation.
4. Lobbying Activity: A communication with a Government Representative in an effort to influence government decision-making including as to : making or amendment of legislation,  development or amendment of a government policy or programme, awarding of a government contract or grant,  allocation of funding, making of a decision about planning.
5. Lobbying Entity: A body corporate, unincorporated association, partnership, trust, firm or religious or charitable organisation that engages in a Lobbying Activity on its own behalf.
6. Lobbyists Register: A two-panel register proposed by the Independent Commission Against Corruption (one for Third Party Lobbyists and one for Lobbying Entities) that requires disclosure of the month and year in which a Third Party Lobbyist or Lobbying Entity engaged in Lobbying Activity, the identity of the government department, agency or ministry lobbied, the name of any Senior Government Representative lobbied, and, in the case of Third Party Lobbyists, the name of the client or clients for whom the lobbying occurred and the name of any entity related to the client the interests of which did derive or would have derived a benefit from a successful outcome of the lobbying.
7. Senior Government Representative: A minister, parliamentary secretary, ministerial staff member or division head and members of the senior executive service
8. Third Party Lobbyist: A person, body corporate, unincorporated association, partnership, trust or firm who or which is engaged to undertake a Lobbying Activity for a third party client in return for payment or the promise of payment for that lobbying. Third party lobbyists of all types need to register. Lawyers, accountants, planners frequently provide lobbying services that are identical to, and compete with those provided by third party lobbyists.