"The Lobbying Code of Conduct was established by the last Labor government to ensure that government representatives who are approached by lobbyists know whose interests they represent. The government expects lobbyists and government representatives to comply with the code."

House of Representatives, PRIVATE MEMBERS' BUSINESS - Lobbyists

Monday 7 August 2023

I also rise today to speak on the motion moved by the member for Kooyong. Integrity and transparency are clearly important matters for all members participating in this debate. This is not a new journey. This motion focuses on the Lobbying Code of Conduct introduced under the Rudd Labor government in 2008. Currently, the intent of the code is to ensure that contact between lobbyists and Australian government representatives is conducted in accordance with public expectations of transparency, integrity and honesty.

The code sets out the requirements for contact between third-party lobbyists and government representatives as well as outlining the type of information that will be available to the public through the register. Lobbyists who do not comply with the code may be removed from the register. The register requires lobbyists to adhere to a number of obligations or risk being completely deregistered if they failed to conduct business with the government appropriately. Some of those principles include:

… not make misleading, exaggerated or extravagant claims about, or otherwise misrepresent, the nature or extent of their access to Government representatives, members of political parties or to any other person … keep strictly separate from their lobbying activities any personal activity or involvement on behalf of a political party … use all reasonable endeavours to satisfy themselves of the truth and accuracy of all statements and information provided by them to clients whom they represent, the wider public and Government representatives …

In its current form, the lobbying code allows the Secretary of the Attorney-General's Department to remove a lobbyist under a wide range of criteria. The code requires government representatives, including ministers, assistant ministers and their staff, most Commonwealth public servants and all ADF personnel, to avoid knowingly and intentionally being party to lobbying activities by lobbyists who are not registered under the code.

The code was updated as recently as last year under the former government. These updates include: strengthening compliance and enforcement options available to the secretary of the department; the introduction of continuous disclosure requirements for lobbyists for any material change to their registrations; and improved transparency where former ministers, advisers and senior officials are engaged in lobbying activities. In addition to these updates, the Parliamentary Joint Committee on Intelligence and Security is currently reviewing the Foreign Influence Transparency Scheme Act 2018, which also regulates lobbying activities. The Albanese government looks forward to the committee's report and will consider any recommendations it may make, including in relation to lobbying activities.

One of the last causes of this motion discusses the need to ensure that the National Anti-Corruption Commission can investigate alleged breaches of the lobbying code. Let's for one second appreciate this country now has an established commission. Unsurprisingly, this is something the party of robodebt were unable or unwilling to deliver. This completely independent Commonwealth agency has been tasked with detecting, investigating and reporting on serious or systemic corruption in the Commonwealth public sector. It also has a role to educate the Public Service and the public about corruption risks and prevention.

The commission can investigate the following: conduct of any person that adversely affects a public official's honest or impartial exercise of powers or performance of duties; conduct of a public official that involves a breach of public trust; conduct of a public official that involves abuse of office; and conduct of a public official or former public official that involves the misuse of documents or information that they have gained in their capacity as a public official. The commission was not legislated with the authority and jurisdiction to enforce any penalties under the Lobbying Code of Conduct. To maintain the integrity and mission of the commission, it's critical to avoid the assumption that we can simply assign additional functions and powers to the commission and, by doing so, we can solve an issue.

The Lobbying Code of Conduct was established by the last Labor government to ensure that government representatives who are approached by lobbyists know whose interests they represent. The government expects lobbyists and government representatives to comply with the code. To let this fall under the commission, while well intentioned, would potentially dilute the capacity of the commission and the incredibly important work it's already doing to restore integrity and enhance transparency across the Commonwealth public sector.