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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Scrutiny of Government Publicity Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objectives 2
4. Definitions 2
Part 2 -- Scrutiny of Publicity and
Guidelines
5. Government Publicity Committee 5
6. Review of Government publicity for political
purposes 5
7. Other functions of the Committee 6
8. Amendment of guidelines 6
9. Compliance with guidelines 6
10. Reports on expenditure 8
11. Complaints 8
12. Use of Staff 9
13. Annual report of Committee to Parliament 9
14. Special Report 10
15. Provisions relating to reports 10
16. References to Presiding Officer 11
Part 3 -- Miscellaneous
17. Regulations 12
18. Review of Act 12
064--1 page i
Scrutiny of Government Publicity Bill 2005
Contents
Schedule 1 -- Membership and
Procedure of Committee 13
Part 1 -- Membership of Committee
1. Definition 13
2. Nominations for appointed member 13
3. Term of office of appointed member 13
4. Remuneration 13
5. Acting appointed member 13
6. Vacancy in office of appointed member 14
7. Alternate members 15
8. Effect of certain other Acts 15
Part 2 -- Procedure of Committee
9. General procedure 15
10. Quorum 15
11. Voting 16
12. Presiding member 16
13. First meeting 16
14. Meetings 16
15. Member with interest in Government publicity 16
Schedule 2 -- Guidelines for
Government Publicity 17
1. Government publicity should be accurate, factual and
truthful 17
2. Government publicity should be fair, honest and
impartial 17
3. Government publicity should be lawful and proper 17
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Matt Birney)
Scrutiny of Government Publicity Bill 2005
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:
page 1
Scrutiny of Government Publicity Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Scrutiny of Government Publicity
Act 2005.
5 2. Commencement
This Act commences 3 months from the date of assent, unless
commenced sooner by proclamation.
3. Objectives
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.
25 4. Definitions
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 Electoral
Act 1907;
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Scrutiny of Government Publicity Bill 2005
Preliminary Part 1
s. 4
``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);
5 ``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;
10 ``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 funded by public
15 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 advertisements;
(b) audio visual material; or
20 (c) printed material, and
the use of --
(d) public relations consultants;
(e) market research agencies;
(f) advertising agencies; and
25 (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 have
30 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;
page 3
Scrutiny of Government Publicity Bill 2005
Part 1 Preliminary
s. 4
``guidelines'' means the guidelines for Government publicity
set out in Schedule 2;
``head of a public authority'' means the person who exercises
the functions of chief executive officer of the authority;
5 ``Ombudsman'' means the Parliamentary Commissioner for
Administrative Investigations appointed under the
Parliamentary Commissioner Act 1971;
``party'' means a body or organisation, incorporated or
unincorporated, having as one of its objects or activities the
10 promotion of the election to Parliament of a candidate or
candidates endorsed by it or by a body or organisation of
which it forms part, and includes any coalition of bodies or
organizations having such objects or activities;
``public authority'' means --
15 (a) an agency, a department, an employing authority, an
organization, a public sector body or responsible
authority as defined or declared under the Public
Sector Management Act 1994;
(b) a statutory body representing the Crown;
20 (c) a department, statutory body, related body, afiliated
body or subsidiary as defined in section 3 of the
Financial Administration and Audit Act 1985 or as
specified in Schedule 1 to that Act;
(d) the Police Force; or
25 (e) any other authority declared by the regulations to be a
public authority for the purposes of this definition,
and includes a person exercising functions on behalf of
such agency, department, organization, body or authority;
and
30 ``termination provision'' has the meaning given to that term in
section 8 (3).
page 4
Scrutiny of Government Publicity Bill 2005
Scrutiny of Publicity and Guidelines Part 2
s. 5
Part 2 -- Scrutiny of Publicity and Guidelines
5. Government Publicity Committee
(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 6. Review of Government publicity for political purposes
(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 determine
20 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 on its
25 own initiative or on receipt of a complaint under section 11.
(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.
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Scrutiny of Government Publicity Bill 2005
Part 2 Scrutiny of Publicity and Guidelines
s. 7
7. Other functions of the Committee
The Committee also has the following functions --
(a) to monitor and review expenditure by public authorities
on Government publicity that appears to the Committee
5 to be Government publicity for political 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 with
10 section 11.
8. Amendment of guidelines
(1) The regulations may, on the recommendation of the Committee,
amend Schedule 2 by inserting, omitting or amending any
guideline.
15 (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 publicity
20 include a provision (in this Act called a termination provision)
for termination of the contract if the guidelines are not complied
with.
9. Compliance with guidelines
(1) The head of a public authority must ensure that the public
25 authority --
(a) does not incur expenditure on Government publicity that
does not comply with the guidelines; and
(b) complies with any order made by the Committee under
this Act.
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Scrutiny of Government Publicity Bill 2005
Scrutiny of Publicity and Guidelines Part 2
s. 9
(2) The Committee may order a public authority to do any one or
more of the following --
(a) subject to subsection (3), to immediately stop the
dissemination of any Government publicity that is for
5 political purposes and for which the authority has
incurred or will incur expenditure;
(b) to modify the content, style or method of dissemination
of any such Government publicity so that it will comply
with the guidelines; and
10 (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.
(3) An order under subsection (2) may not be made so as --
(a) to require a public authority to stop payment to any
15 person or body for Government publicity already
disseminated by that person or body; or
(b) to affect any liability incurred by the public authority
under a contract for future dissemination of such
publicity unless the contract includes a termination
20 provision.
(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
25 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 of that
30 termination; and
(c) neither the Crown nor the members of the Committee
incur any liability by reason of that termination.
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Scrutiny of Government Publicity Bill 2005
Part 2 Scrutiny of Publicity and Guidelines
s. 10
10. Reports on expenditure
(1) The Committee may require a public authority to prepare and
submit to the Committee, by such a date as may be specified by
the Committee, a report detailing its expenditure on
5 Government publicity that the Committee believes may be
Government publicity for a political purpose and the purposes
of that publicity.
(2) Where a public authority is otherwise required by statute to
prepare an annual report, the head of that public authority must
10 ensure that that report includes --
(a) a statement of --
(i) the total amount paid by or on behalf of that
public authority for Government publicity; and
(ii) the particulars of all amounts paid by or on
15 behalf of that public authority for any
Government publicity with a total production
cost equal to or exceeding $2 000 including any
such payment to --
· an advertising agency;
20 · a market research organization;
· a polling organization;
· a direct mail organization; or
· a media advertising organization; and
(b) a declaration of compliance stating that the Government
25 publicity particularized in accordance with the
requirements of subparagraph (ii) of paragraph (a) of
this subsection complies in each case with the guidelines
under this Act.
11. Complaints
30 (1) Any person may complain to the Committee that a public
authority has, in the opinion of the complainant, improperly
incurred expenditure on Government publicity because it is
page 8
Scrutiny of Government Publicity Bill 2005
Scrutiny of Publicity and Guidelines Part 2
s. 12
Government publicity for a political purpose and does not
comply with the guidelines.
(2) A complaint must be in writing.
(3) The Committee need not inquire into a complaint made to it if,
5 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;
(b) the complaint is frivolous or vexatious;
10 (c) the subject-matter of the complaint is trivial;
(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.
(4) The Committee is to advise a complainant in writing within
15 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 complaint against
the public authority.
20 12. Use of Staff
The Committee may arrange for the use of the services of any
staff (by secondment or otherwise) or facilities of any public
authority.
13. Annual report of Committee to Parliament
25 (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
that year.
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Scrutiny of Government Publicity Bill 2005
Part 2 Scrutiny of Publicity and Guidelines
s. 14
(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 was
5 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
10 (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.
14. Special Report
15 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
of Parliament.
20 15. Provisions relating to reports
(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
Officer.
25 (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 such
a recommendation whether or not the House is in session and
whether or not that report has been laid before the House.
30 (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.
page 10
Scrutiny of Government Publicity Bill 2005
Scrutiny of Publicity and Guidelines Part 2
s. 16
16. References to Presiding Officer
(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.
page 11
Scrutiny of Government Publicity Bill 2005
Part 3 Miscellaneous
s. 17
Part 3 -- Miscellaneous
17. Regulations
(1) The Governor may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is required
5 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 --
(a) requiring the making, keeping and auditing of records of
10 expenditure by public authorities on Government
publicity;
(b) requiring or otherwise providing for the production,
examination and copying of those records;
(c) the exemption of any public authority or of any act,
15 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
responsible for a failure to meet the guidelines or the
20 requirements of this Act; and
(e) the procedure of the Committee.
18. Review of Act
(1) The Minister is to review this Act to determine whether the
policy objectives of the Act remain valid and whether the terms
25 of the Act remain appropriate for securing those objectives.
(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
30 period of 5 years.
page 12
Scrutiny of Government Publicity Bill 2005
Membership and Procedure of Committee Schedule 1
Schedule 1 -- Membership and Procedure of Committee
[Section 5 (3)]
Part 1 -- Membership of Committee
1. Definition
5 In this Part --
``appointed member'' means the member of the Committee
appointed by the Premier.
2. Nominations for appointed member
(1) For the purposes of section 5, the Premier may require the Australian
10 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, has
appropriate knowledge and experience in advertising to carry out the
15 functions of a member of the Committee.
3. Term of office of appointed member
An appointed member holds office for such period (not exceeding
3 years) as is specified in the member's instrument of appointment,
but is eligible (if otherwise qualified) for re-appointment.
20 4. Remuneration
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.
5. Acting appointed member
25 (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.
(2) A person while acting in the place of an appointed member is entitled
30 to be paid such remuneration (including travelling and subsistence
page 13
Scrutiny of Government Publicity Bill 2005
Schedule 1 Membership and Procedure of Committee
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 appointed
member is taken to be an absence of the member.
5 (4) An acting appointed member is to have similar qualifications to those
of the member in whose place he or she is acting.
6. Vacancy in office of appointed member
(1) The office of an appointed member becomes vacant if the member --
(a) dies;
10 (b) completes a term of office and is re-appointed;
(c) resigns the office by instrument in writing addressed to the
Premier;
(d) is removed from office by the Premier under this clause or by
the Governor under section 77 of the Public Sector
15 Management Act 1994;
(e) is absent from 4 consecutive meetings of the Committee of
which reasonable notice has been given to the member
personally or by post, except on leave granted by the Premier
or unless the member is excused by the Premier for having
20 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
his or her creditors or makes an assignment of his or her
remuneration for their benefit;
25 (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
convicted elsewhere than in Western Australia of an offence
that, if committed in Western Australia, would be an offence
30 so punishable.
(2) The Premier may remove an appointed member from office at any
time.
page 14
Scrutiny of Government Publicity Bill 2005
Membership and Procedure of Committee Schedule 1
7. Alternate members
(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.
5 (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
Office.
10 8. Effect of certain other Acts
(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 --
(a) requiring a person who is the holder of a specified office to
15 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,
the provision does not operate to disqualify the person from holding
20 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
9. General procedure
25 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.
10. Quorum
The quorum for a meeting of the Committee is 2 members of the
30 Committee, one of whom must be the Chairperson.
page 15
Scrutiny of Government Publicity Bill 2005
Schedule 1 Membership and Procedure of Committee
11. Voting
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
Committee.
5 12. Presiding member
The Chairperson has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
13. First meeting
The Chairperson is to call the first meeting of the Committee.
10 14. Meetings
(1) Without limiting the number of meetings that may be held, 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.
15 (2) Such a resolution may specify a particular matter relating to
Government publicity or the functions of the Committee that the
Committee is to consider at the meeting.
15. Member with interest in Government publicity
(1) A member of the Committee who has an interest in any Government
20 publicity of a public authority because the member is an officer of the
authority must not take part in any decision of the Committee with
respect to the Government publicity.
(2) A contravention of this clause does not invalidate any decision of the
Committee.
page 16
Scrutiny of Government Publicity Bill 2005
Guidelines for Government Publicity Schedule 2
Schedule 2 -- Guidelines for Government Publicity
[Sections 4, 6, 8 & 9]
1. Government publicity should be accurate, factual and truthful
(1) Factual information should be outlined clearly and accurately.
5 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 words used
in that material. That which is held out to be the truth should be
10 founded upon ascertainable facts, carefully and precisely expressed in
conformity with those facts. No claim or statement should be made
which cannot be substantiated.
2. Government publicity should be fair, honest and impartial
(1) The material should be presented in unbiased and objective language,
15 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 and
equitable manner. Specifically --
20 (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 not
mislead the recipient; and
25 (c) material may include a response to, but should not be aimed
solely at attacking or rebutting, the arguments of others.
3. Government publicity should be lawful and proper
(1) The material should comply with the law.
(2) For the purposes of this Act, material is legal and proper where --
30 (a) it complies with the law;
(b) it is suitable for the purpose and is consistent with community
standards; and
page 17
Scrutiny of Government Publicity Bill 2005
Schedule 2 Guidelines for Government Publicity
(c) it avoids language with partisan connotations including
political slogans.
5
5
page 18
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