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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
LEGISLATIVE ASSEMBLY
(Introduced by Dr Gallop)
SCRUTINY OF GOVERNMENT
PUBLICITY BILL 1997
A BILL FOR
AN ACT to provide for the scrutiny of, and guidelines for,
Government publicity which has or is likely to have
the capacity, in whole or in part, to influence public
support for a political party or its candidates or for a
member of a House of Parliament; and for other
purposes.
The Parliament of Western Australia enacts as follows:
No. 72 -- 1
Scrutiny of Government Publicity Bill 1997
cl. 1
PART 1 -- PRELIMINARY
Short title
1. This Act may be cited as the Scrutiny of Government
Publicity Act 1997.
5 Commencement
2. This Act commences 3 months from the date of assent,
unless commenced sooner by proclamation.
Objectives
3. Recognizing that --
10 (a) it is right and proper for Governments to use public
funds for publicity and advertising in order to inform
the public of the Government services available to
them and of their rights and obligations; and
(b) it is improper for Governments to use public funds for
15 publicity and advertising in order to gain a partisan
political advantage,
the objectives of this Act are --
(c) to ensure that, as far as possible, public money is not
expended on Government publicity for a partisan
20 political purpose; and
(d) to constitute a committee to scrutinise Government
publicity that appears to the committee to have the
capacity or to be likely to have the capacity, in whole
or in part, to be used for that purpose.
2
Scrutiny of Government Publicity Bill 1997
cl. 4
Definitions
4. In this Act, unless the contrary intention appears --
``candidate'' for an election means a person nominated as a
candidate at an election in accordance with the
5 Electoral Act 1907;
``Committee'' means the Scrutiny of Government Publicity
Committee constituted by this Act;
``declaration of compliance'' has the meaning given to
that term in section 10 (2) (b);
10 ``dissemination'' includes display;
``election'' means an election of any member or members of
the Legislative Assembly or the Legislative Council
within the meaning of the Electoral Act 1907;
``exercise'' a function includes perform a duty;
15 ``function'' includes a power, authority or duty;
``Government publicity'' means any advertisement,
promotional campaign, public relations campaign,
announcement or means of publicising any
governmental activities, programs or initiatives that is
20 funded by public money, being public money that is
paid to the person or body disseminating the publicity
for a public authority and includes the production
of --
(a) any press, radio, cinema or television
25 advertisements;
(b) audio visual material; or
(c) printed material, and
3
Scrutiny of Government Publicity Bill 1997
cl. 4
the use of --
(d) public relations consultants;
(e) market research agencies;
(f) advertising agencies; and
5 (g) other specialist consultants.
``Government publicity for political purposes'' means
Government publicity that promotes governmental
activities, programs or initiatives in such a partisan or
biased manner that it has the capacity, or is likely to
10 have the capacity, in whole or in part, to influence
public support for a political party, a candidate for
election or a member of a House of Parliament;
``guidelines'' means the guidelines for Government
publicity set out in Schedule 2;
15 ``head of a public authority'' means the person who
exercises the functions of chief executive officer of the
authority;
``Ombudsman'' means the Parliamentary Commissioner
for Administrative Investigations appointed under the
20 Parliamentary Commissioner Act 1971;
``party'' means a body or organisation, incorporated or
unincorporated, having as one of its objects or
activities the promotion of the election to Parliament
of a candidate or candidates endorsed by it or by a
25 body or organisation of which it forms part, and
includes any coalition of bodies or organisations
having such objects or activities;
4
Scrutiny of Government Publicity Bill 1997
cl. 4
``public authority'' means --
(a) an agency, a department, an employing
authority, an organization, a public sector body
or responsible authority as defined or declared
5 under the Public Sector Management Act 1994;
(b) a statutory body representing the Crown;
(c) a department, statutory body, related body,
afiliated body or subsidiary as defined in section
3 of the Financial Administration and Audit Act
10 1985 or as specified in Schedule 1 to that Act;
(d) the Police Force; or
(e) any other authority declared by the regulations
to be a public authority for the purposes of this
definition,
15 and includes a person exercising functions on behalf of
such agency, department, organization, body or
authority; and
``termination provision'' has the meaning given to that
term in section 8 (3).
5
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cl. 5
PART 2 -- SCRUTINY OF PUBLICITY AND GUIDELINES
Government Publicity Committee
5. (1) There is constituted by this Act a Government Publicity
Committee.
5 (2) The Committee is to consist of the following members --
(a) the Auditor-General, who is to be the Chairperson of
the Committee;
(b) the Ombudsman; and
(c) one part-time member, who is to be a person having
10 knowledge and experience in advertising, appointed by
the Premier from a list of 3 persons nominated by the
Australian Association of National Advertisers.
(3) Schedule 1 has effect with respect to the membership
and procedure of the Committee.
15 Review of Government publicity for political purposes
6. (1) The Committee may review any Government publicity.
(2) For the purposes of a review under this Act, the
Committee may consider whether any Government publicity
constitutes Government publicity for political purposes and may
20 determine whether it should make any order regarding such
publicity under section 9.
(3) In making such a determination, the Committee is to
have regard to the guidelines in Schedule 2.
(4) The Committee may conduct a review under this section
25 on its own initiative or on receipt of a complaint under section
11.
6
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cl. 7
(5) Nothing in this section prevents the Committee from
providing advice at the request of a public authority concerning
proposed expenditure by the authority on Government publicity
that may be outside the guidelines.
5 Other functions of the Committee
7. The Committee also has the following functions --
(a) to monitor and review expenditure by public
authorities on Government publicity that appears to
the Committee to be Government publicity for political
10 purposes;
(b) to examine and review the practices and procedures of
public authorities relating to the dissemination of
Government publicity; and
(c) to inquire into complaints made to it in accordance
15 with section 11.
Amendment of guidelines
8. (1) The regulations may, on the recommendation of the
Committee, amend Schedule 2 by inserting, omitting or
amending any guideline.
20 (2) A guideline may include recommendations regarding the
appropriate content and style, method of dissemination and cost
of Government publicity.
(3) A guideline may recommend that any contract entered
into by a public authority for the dissemination of Government
25 publicity include a provision (in this Act called a termination
provision) for termination of the contract if the guidelines are
not complied with.
7
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cl. 9
Compliance with guidelines
9. (1) The head of a public authority must ensure that the
public authority --
(a) does not incur expenditure on Government publicity
5 that does not comply with the guidelines; and
(b) complies with any order made by the Committee
under this Act.
(2) The Committee may order a public authority to do any
one or more of the following --
10 (a) subject to subsection (3), to immediately stop the
dissemination of any Government publicity that is for
political purposes and for which the authority has
incurred or will incur expenditure;
(b) to modify the content, style or method of
15 dissemination of any such Government publicity so
that it will comply with the guidelines; and
(c) to stop expenditure on any such Government publicity
or to limit expenditure on any such Government
publicity so that it will comply with the guidelines.
20 (3) An order under subsection (2) may not be made so as --
(a) to require a public authority to stop payment to any
person or body for Government publicity already
disseminated by that person or body; or
(b) to affect any liability incurred by the public authority
25 under a contract for future dissemination of such
publicity unless the contract includes a termination
provision.
8
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cl. 10
(4) If a contract is terminated in accordance with a
termination provision --
(a) the termination does not affect a right acquired, or a
liability incurred, before that termination by a person
5 who was a party to the contract, as a result of the
performance before that termination of any obligation
imposed by the contract;
(b) no liability for breach of contract is incurred by a
person who was a party to the contract by reason only
10 of that termination; and
(c) neither the Crown nor the members of the Committee
incur any liability by reason of that termination.
Reports on expenditure
10. (1) The Committee may require a public authority to
15 prepare and submit to the Committee, by such a date as may be
specified by the Committee, a report detailing its expenditure on
Government publicity that the Committee believes may be
Government publicity for a political purpose and the purposes of
that publicity.
20 (2) Where a public authority is otherwise required by statute
to prepare an annual report, the head of that public authority
must ensure that that report includes --
(a) a statement of --
(i) the total amount paid by or on behalf of that
25 public authority for Government publicity; and
(ii) the particulars of all amounts paid by or on
behalf of that public authority for any
Government publicity with a total production
9
Scrutiny of Government Publicity Bill 1997
cl. 11
cost equal to or exceeding $2 000 including any
such payment to --
an advertising agency;
a market research organization;
5 a polling organization;
a direct mail organization; or
a media advertising organization; and
(b) a declaration of compliance stating that the
Government publicity particularized in accordance
10 with the requirements of subparagraph (ii) of
paragraph (a) of this subsection complies in each case
with the guidelines under this Act.
Complaints
11. (1) Any person may complain to the Committee that a
15 public authority has, in the opinion of the complainant,
improperly incurred expenditure on Government publicity
because it is Government publicity for a political purpose and
does not comply with the guidelines.
(2) A complaint must be in writing.
20 (3) The Committee need not inquire into a complaint made
to it if, in the opinion of the Committee --
(a) the Government publicity is not Government publicity
for a political purpose or is Government publicity that
complies with the guidelines;
25 (b) the complaint is frivolous or vexatious;
(c) the subject-matter of the complaint is trivial;
10
Scrutiny of Government Publicity Bill 1997
cl. 12
(d) the conduct complained of occurred too long before the
complaint to justify investigation; or
(e) it would for any other reason be inappropriate to do
so.
5 (4) The Committee is to advise a complainant in writing
within 30 days of deciding not to inquire into a complaint and of
the reasons for its decision.
(5) The Committee is to notify the head of the public
authority concerned before it conducts an inquiry into a
10 complaint against the public authority.
Use of Staff
12. The Committee may arrange for the use of the services of
any staff (by secondment or otherwise) or facilities of any public
authority.
15 Annual report of Committee to Parliament
13. (1) As soon as practicable after 30 June (but not later
than 31 December) in each year, the Committee is to prepare and
forward to the Presiding Officer of each House of Parliament a
report of its activities for the 12 months ending on 30 June in
20 that year.
(2) A report is to include the following --
(a) a description of any expenditure on Government
publicity that, in the opinion of the Committee, was
improperly incurred by a public authority because it
25 was Government publicity for political purposes and
did not comply with the guidelines;
(b) a description of any such Government publicity that
was the subject of complaint to and inquiry by the
Committee; and
11
Scrutiny of Government Publicity Bill 1997
cl. 14
(c) a description of any Government publicity that the
Committee is satisfied does not comply with the
guidelines or that has been disseminated in disregard
of any order of the Committee.
5 Special Report
14. The Committee may, at any time, prepare and forward to
the Presiding Officer of each House of Parliament a special report
on any matter relating to the functions of the Committee that, in
the opinion of the Committee, should be brought to the attention
10 of Parliament.
Provisions relating to reports
15. (1) A copy of a report forwarded to the Presiding Officer
of a House under this Part is to be laid before the House within
15 sitting days of the House after it is received by the Presiding
15 Officer.
(2) The Committee may include in a report a
recommendation that the report be made public as soon as
possible.
(3) The Presiding Officer may make public a report including
20 such a recommendation whether or not the House is in session
and whether or not that report has been laid before the House.
(4) A report that is made public by the Presiding Officer of a
House before it is laid before the House attracts the same
privileges and immunities as if it had been laid before the House.
12
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cl. 16
References to Presiding Officer
16. (1) References in this Part to a Presiding Officer are
references to the President of the Legislative Council or the
Speaker of the Legislative Assembly.
5 (2) The reference to the President is taken to be a reference
to the Clerk of the Legislative Council during a vacancy in the
office of President.
(3) The reference to the Speaker is taken to be a reference to
the Clerk of the Legislative Assembly during a vacancy in the
10 office of Speaker.
13
Scrutiny of Government Publicity Bill 1997
cl. 17
PART 3 -- MISCELLANEOUS
Regulations
17. (1) The Governor may make regulations, not inconsistent
with this Act, for or with respect to any matter that by this Act is
5 required or permitted to be prescribed or that is necessary or
convenient to be prescribed for carrying out or giving effect to
this Act.
(2) In particular, the regulations may make provision for or
with respect to --
10 (a) requiring the making, keeping and auditing of records
of expenditure by public authorities on Government
publicity;
(b) requiring or otherwise providing for the production,
examination and copying of those records;
15 (c) the exemption of any public authority or of any act,
matter or thing from all or any of the provisions of
this Act;
(d) the disciplinary proceedings or disciplinary action that
may be taken against any officer of a public authority
20 responsible for a failure to meet the guidelines or the
requirements of this Act; and
(e) the procedure of the Committee.
Review of Act
18. (1) The Minister is to review this Act to determine
25 whether the policy objectives of the Act remain valid and whether
the terms of the Act remain appropriate for securing those
objectives.
14
Scrutiny of Government Publicity Bill 1997
cl. 18
(2) The review is to be undertaken as soon as possible after
the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in
each House of Parliament within 12 months after the end of the
5 period of 5 years.
15
Scrutiny of Government Publicity Bill 1997
Sch. 1
SCHEDULE 1
[Section 5 (3)]
MEMBERSHIP AND PROCEDURE OF COMMITTEE
Part 1 -- Membership of Committee
5 Definition
1. In this Part --
``appointed member'' means the member of the Committee
appointed by the Premier.
Nominations for appointed member
10 2. (1) For the purposes of section 5, the Premier may require the
Australian Association of National Advertisers to furnish a list of
nominees within a time specified by the Premier.
(2) In default of the Association complying with the requirement,
the Premier may appoint a person who, in the opinion of the Premier,
15 has appropriate knowledge and experience in advertising to carry out
the functions of a member of the Committee.
Term of office of appointed member
3. An appointed member holds office for such period (not exceeding 3
years) as is specified in the member's instrument of appointment, but is
20 eligible (if otherwise qualified) for re-appointment.
Remuneration
4. An appointed member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Premier may
from time to time determine in respect of the member.
25 Acting appointed member
5. (1) The Premier may, from time to time, appoint a person to act
in the office of an appointed member during the illness or absence of
the appointed member, and the person while so acting has all the
functions of the appointed member.
30 (2) A person while acting in the place of an appointed member is
entitled to be paid such remuneration (including travelling and
subsistence allowances) as the Premier may from time to time
determine in respect of the person.
(3) For the purposes of this clause, a vacancy in the office of an
35 appointed member is taken to be an absence of the member.
16
Scrutiny of Government Publicity Bill 1997
Sch. 1
(4) An acting appointed member is to have similar qualifications
to those of the member in whose place he or she is acting.
Vacancy in office of appointed member
6. (1) The office of an appointed member becomes vacant if the
5 member --
(a) dies;
(b) completes a term of office and is re-appointed;
(c) resigns the office by instrument in writing addressed to the
Premier;
10 (d) is removed from office by the Premier under this clause or
by the Governor under section 77 of the Public Sector
Management Act 1994;
(e) is absent from 4 consecutive meetings of the Committee of
which reasonable notice has been given to the member
15 personally or by post, except on leave granted by the
Premier or unless the member is excused by the Premier for
having been absent from those meetings;
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
20 his or her creditors or makes an assignment of his or her
remuneration for their benefit;
(g) becomes a mentally incapacitated person; or
(h) is convicted in Western Australia of an offence that is
punishable by imprisonment for 12 months or more or is
25 convicted elsewhere than in Western Australia of an offence
that, if committed in Western Australia, would be an
offence so punishable.
(2) The Premier may remove an appointed member from office at
any time.
30 Alternate members
7. (1) A member of the Committee (other than an appointed
member) may nominate an appropriate officer to exercise the functions
of the member under this Act.
17
Scrutiny of Government Publicity Bill 1997
Sch. 1
(2) For the purposes of this clause, an appropriate officer for --
(a) the Auditor-General -- is a senior officer in the Office of the
Auditor-General; and
(b) the Ombudsman -- is a senior officer in the Ombudsman's
5 Office.
Effect of certain other Acts
8. (1) Part 3 of the Public Sector Management Act 1994 does not
apply to or in respect of the appointment of an appointed member.
(2) If by or under any Act provision is made --
10 (a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of the
office; or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
15 the provision does not operate to disqualify the person from holding
that office and also the office of an appointed member or from excepting
and retaining any remuneration payable to the person under this Act as
an appointed member.
Part 2 -- Procedure of Committee
20 General procedure
9. The procedure for the calling of meetings of the Committee and for
the conduct of business at those meetings is, subject to this Act, to be as
determined by the Committee.
Quorum
25 10. The quorum for a meeting of the Committee is 2 members of the
Committee, one of whom must be the Chairperson.
Voting
11. A decision supported by a majority of the votes cast at a meeting
of the Committee at which a quorum is present is the decision of the
30 Committee.
Presiding member
12. The Chairperson has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
18
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Sch. 1
First meeting
13. The Chairperson is to call the first meeting of the Committee.
Meetings
14. (1) Without limiting the number of meetings that may be held,
5 a meeting is to be held as soon as practicable after the commencement
of each Session of Parliament and at such other times as is required by
resolution of each of both Houses of Parliament.
(2) Such a resolution may specify a particular matter relating to
Government publicity or the functions of the Committee that the
10 Committee is to consider at the meeting.
Member with interest in Government publicity
15. (1) A member of the Committee who has an interest in any
Government publicity of a public authority because the member is an
officer of the authority must not take part in any decision of the
15 Committee with respect to the Government publicity.
(2) A contravention of this clause does not invalidate any decision
of the Committee.
19
Scrutiny of Government Publicity Bill 1997
Sch. 2
SCHEDULE 2
[Sections 4, 6, 8 & 9]
GUIDELINES FOR GOVERNMENT PUBLICITY
Government publicity should be accurate, factual and truthful
5
1. (1) Factual information should be outlined clearly and
accurately. Comment on and the analysis of that information, to
amplify its meaning, should be indicated as such.
(2) For the purposes of this Act, for material to be accurate,
factual and truthful it should conform to the ordinary meaning of the
10 words used in that material. That which is held out to be the truth
should be founded upon ascertainable facts, carefully and precisely
expressed in conformity with those facts. No claim or statement should
be made which cannot be substantiated.
Government publicity should be fair, honest and impartial
15 2. (1) The material should be presented in unbiased and objective
language, and in a manner free from partisan promotion of Government
policy and political argument.
(2) For the purposes of this Act, for material to be fair and
impartial, it should be complete in itself and presented in an unbiased
20 and equitable manner. Specifically --
(a) the recipient of the information should be able to
distinguish easily between facts on the one hand, and
comment, opinion and analysis on the other;
(b) where an advertisement presents a comparison it should
25 not mislead the recipient; and
(c) material may include a response to, but should not be
aimed solely at attacking or rebutting, the arguments of
others.
Government publicity should be lawful and proper
30
3. (1) The material should comply with the law.
(2) For the purposes of this Act, material is legal and proper
where --
(a) it complies with the law;
(b) it is suitable for the purpose and is consistent with
35 community standards; and
(c) it avoids language with partisan connotations including
political slogans.
20
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