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Information for Australian Government representatives

Who is covered

The Australian Government Lobbying Code of Conduct (the code) defines an Australian Government representative as:

  • a minister or a parliamentary secretary (assistant minister)
  • a person employed or engaged by a minister or a parliamentary secretary under the Members of Parliament (Staff) Act 1984
  • an agency head or a person employed under the Public Service Act 1999
  • a person engaged as a contractor or consultant by an Australian Government agency whose staff are employed under the Public Service Act 1999
  • a member of the Australian Defence Force.

Your obligations

Under the code, Australian Government representatives must:

  • ensure that they are not knowingly or intentionally party to lobbying by a lobbyist who is not on the register
  • report any breaches of the code to us.
     

Checklist for government representatives

This checklist helps when you receive a phone call or meeting request from a potential lobbyist to ensure that you comply with your obligations under the Lobbying Code of Conduct.

Before agreeing to any communication with a lobbyist, check the Register of Lobbyists to make sure that the lobbyist and client details you have been given are correct. The register is continuously updated, and it is important to check regularly.
 

Ask the person whether they are lobbying on behalf of a third party.

If yes – take note of who their client is, the purpose of the communication and the matters the client wishes the lobbyist to raise. Continue to question 2.

If no – if the person is not intending to conduct lobbying activities or is not doing so on behalf of a third party client, no further action is required under the code. You may meet with the person.

Ask the person whether they are registered on the Federal Register of Lobbyists.

If yes – confirm the person’s registration by checking the register. If the individual lobbyist is registered, continue to question 3.

If no – or if the lobbyist is registered but they are a former government representative lobbying on matters they had official dealings with while in their prohibition period – decline the communication. Remind the lobbyist of the requirements under the Lobbying Code of Conduct. Report the breach to the register if required.

Confirm the client is listed on the register under the lobbyist’s registration. The code requires a lobbyist to explain if their client does not need to be listed.

If yes, no further action is needed. You may meet or communicate with the person.

If no – decline the communication. Remind the lobbyist of their obligation to list the name of their client on their registration. Report the breach to the register if required.


Please note that the Lobbying Code of Conduct does not make government representatives obliged to have contact with lobbyists, even when they are registered.

Breaches of the code

A breach of the code can include:

  • an unregistered lobbyist attempting to undertake lobbying activities
  • a registered lobbyist failing to adhere to the principles of engagement – for example, by engaging in corrupt, dishonest or illegal behaviour or by failing to keep their lobbying activity separate from any involvement they may have with a political party
  • a former government representative engaging in lobbying on prohibited matters within their prohibition period
  • a registered lobbyist representing a client not listed on the register
  • a registered lobbyist with incomplete information on the register.

Australian Government representatives must report suspected breaches to us through the register.

Our Secretary may remove a lobbyist who has breached the code from the register.

Our Secretary may also decide not to register or re-register a person who has committed a serious breach of the code, for a period of up to 3 months. A serious breach includes unregistered lobbying and breaching the principles of engagement with Australian Government representatives.

Post-employment obligations

If you are an Australian Government representative who no longer holds office or has ceased employment with the Australian Government, you are considered a former government representative.

Former government representatives may need to register as a lobbyist if they have contact with Australian Government representatives to conduct lobbying activities.

The code prohibits certain former government representatives from engaging in particular kinds of lobbying activities for a specified period of time.

To find out more, go to Information for lobbyists.

Contact details

For more information, you can contact us directly:

  • Email: lobbyistsregister@ag.gov.au 
  • Call: 02 6141 2666 (weekdays 9:00 am to 12:30 pm and 1:30 pm to 5:00 pm Canberra time)
  • International call: +61 2 6141 2666 (weekdays 9:00 am to 12:30 pm and 1:30 pm to 5:00 pm Canberra time)