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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Charter of Political Honesty Bill 2000
No. , 2000
(Senator Murray)
A Bill for an Act to provide a Charter of Political Honesty, and for related purposes
Contents
A Bill for an Act to provide a Charter of Political Honesty, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Charter of Political Honesty Act 2000.
This Act commences on the day on which it receives the Royal Assent.
The objects of this Act are:
(a) to prevent the misuse of government advertising campaigns for party political purposes; and
(b) to establish the Office of Commissioner for Ministerial and Parliamentary Ethics; and
(c) to establish an enforceable code of conduct for ministers and other members of Parliament; and
(d) to ensure that public appointments are made on the basis of merit.
The following is a simplified outline of this Part:
* This Part establishes the Government Publicity Committee.
* The function of the Committee is to monitor adherence by public authorities to the Guidelines for Government Advertising Campaigns contained in Schedule 1.
* The Committee may issue orders to enforce compliance with the guidelines.
The Government Publicity Committee is established.
(1) The committee consists of the following three members:
(a) the Auditor-General;
(b) the Ombudsman;
(c) a person with knowledge and experience in advertising appointed by written instrument by the Auditor-General.
(2) A member appointed under paragraph (1)(c) is to be appointed on a part-time basis for the period, and on such other terms and conditions, specified in the instrument of appointment.
(3) A member appointed under paragraph (1)(c) is to be paid the remuneration and allowances determined by the Remuneration Tribunal. If no determination by the Tribunal for that purpose is in operation, the member is to be paid the remuneration and allowances that are prescribed.
(4) Subsection (3) has effect subject to the Remuneration Tribunal Act 1973.
(5) A member appointed under paragraph (1)(c) must not engage in any paid employment that, in the opinion of the Auditor-General, conflicts or may conflict with the proper performance of the member's duties.
(6) If a member contravenes subsection (5), his or her appointment as a member ceases to have effect.
(7) The Auditor-General and the Ombudsman may be represented on the committee by a delegate.
The function of the committee is to monitor and enforce compliance by public authorities with the Guidelines for Government Advertising Campaigns.
(1) The Guidelines for Government Advertising Campaigns are set out in Schedule 1.
(2) The Commonwealth, a Commonwealth agency or a person employed by a Commonwealth agency must not take any action that is contrary to the Guidelines.
(1) If the committee is of the view that a government advertising campaign does not comply with the Guidelines, the committee may direct a Commonwealth agency or a person employed by a Commonwealth agency to take one or more of the following actions:
(a) to withdraw a campaign from publication or broadcasting;
(b) to modify a campaign so that it will comply with the guidelines;
(c) to refrain from further expenditure on a campaign or to limit expenditure on a campaign so that it will comply with the guidelines.
(2) The committee may determine whether the objective of a campaign is a legitimate objective and whether a campaign is likely to achieve its stated objective.
(3) If the committee is of the view that:
(a) the objective of a campaign is not a legitimate objective; or
(b) a campaign is unlikely to achieve its stated objective;
the committee may direct a Commonwealth agency or a person employed by a Commonwealth agency to withdraw the campaign from publication or broadcasting.
(4) Subsections (2) and (3) do not limit subsection (1).
(5) A direction under subsection (1) or (3) must be in writing.
(6) A Commonwealth agency or a person employed by a Commonwealth agency must comply with a direction under subsection (1) or (3).
(1) The committee may institute proceedings in the Federal Court against an agency or person for contravening subsection 9(6).
(2) In proceedings under this section against an agency or person for contravening subsection 9(6), the Court may:
(a) grant an injunction against the agency or person in relation to the conduct that constitutes, or is alleged to constitute, the contravention; or
(b) make an order in relation to the contravention.
(3) Where, on the application of the committee, the Court is satisfied that an agency or person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
(a) a contravention of subsection 9(6); or
(b) attempting to contravene subsection 9(6); or
(c) aiding, abetting, counselling or procuring an agency or person to contravene subsection 9(6); or
(d) inducing, or attempting to induce, whether by threats, promises or otherwise, an agency or person to contravene subsection 9(6); or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an agency or person of subsection 9(6); or
(f) conspiring with others to contravene subsection 9(6);
the Court may grant an injunction in such terms as the Court determines to be appropriate.
(4) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (3).
(5) The Court may rescind or vary an injunction granted under subsection (3).
(6) The power of the Court to grant an injunction restraining an agency or person from engaging in conduct must be exercised:
(a) whether or not it appears to the Court that the agency or person intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the agency or person has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any person if the agency or first-mentioned person engages in conduct of that kind.
(7) The power of the Court to grant an injunction requiring an agency or person to do an act or thing may be exercised:
(a) whether or not it appears to the Court that the agency or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
(b) whether or not the agency or person has previously refused or failed to do that act or thing;
(c) whether or not there is an imminent danger of substantial damage to any person if the agency or first-mentioned person refuses or fails to do that act or thing.
In this Part:
committee means the Government Publicity Committee established by section 5.
Commonwealth agency means:
(a) a Minister; or
(b) a department of State; or
(c) an authority established by a law of the Commonwealth; or
(d) a body corporate established for a public purpose by a law of the Commonwealth; or
(e) a body corporate established by a Minister otherwise than under a law of the Commonwealth; or
(f) a company in which the whole of the shares or stock, or shares or stock carrying more than one-half of the voting power, is or are owned by or on behalf of the Commonwealth; or
(g) a body corporate that is a subsidiary of:
(i) a body or company referred to in paragraph (b), (c) or (d); or
(ii) a body corporate that, because of a previous application or previous applications of this paragraph, is taken to be a Commonwealth agency for the purposes of this definition; or
(h) a person holding, or performing the duties of:
(i) an office established by or under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or
(ii) an appointment made under a law of the Commonwealth (except a judicial office or office of member of a tribunal); or
(i) a person holding, or performing the duties of, an appointment made by the Governor-General, or by a Minister, otherwise than under a law of the Commonwealth;
but does not include:
(j) a person holding an office established by or under any of the following Acts, or holding an appointment made under any of them:
(i) the Northern Territory (Self-Government) Act 1978;
(ii) the Norfolk Island Act 1979;
(iii) the Australian Capital Territory (Self-Government) Act 1988; or
(k) any of the following:
(i) an Aboriginal Land Trust, or an Aboriginal Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976;
(ii) an Aboriginal corporation within the meaning of the Aboriginal Councils and Associations Act 1976;
(iii) the Wreck Bay Aboriginal Community Council established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986; or
(l) a company prescribed by the regulations for the purposes of this paragraph.
Guidelines means the Guidelines for Government Advertising Campaigns set out in Schedule 1.
(1) As soon as practicable after the commencement of this Part and after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on a Code of Conduct for Ministers and Other Members of Parliament (the committee), is to be appointed.
(2) The committee shall consist of 6 members, of whom:
(a) 3 shall be senators appointed by the Senate; and
(b) 3 shall be members of the House of Representatives appointed by that House.
(3) Subject to subsections (4) and (5), the appointment of members by a House shall be in accordance with that House's practice relating to the appointment of members of that House to serve on joint select committees of both Houses.
(4) The 3 senators appointed by the Senate shall consist of:
(a) one senator nominated by the Leader of the Government in the Senate; and
(b) one senator nominated by the Leader of the Opposition in the Senate; and
(c) one senator nominated by minority groups and independent senators.
(5) The 3 members of the House of Representatives appointed by that House shall consist of:
(a) 2 members nominated by the Prime Minister; and
(b) 1 member nominated by the Leader of the Opposition.
(6) A person is not eligible for appointment as a member if he or she is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives; or
(d) the Deputy President and Chairman of Committees of the Senate; or
(e) a Deputy Speaker of the House of Representatives.
(7) A member ceases to hold office:
(a) when the House of Representatives expires or is dissolved; or
(b) if he or she becomes the holder of an office referred to in a paragraph of subsection (6); or
(c) if he or she ceases to be a member of the House by which he or she was appointed; or
(d) if he or she resigns his or her office as provided by subsection (8) or (9), as the case requires.
(8) A member appointed by the Senate may resign his or her office by writing signed and delivered to the President of the Senate.
(9) A member appointed by the House of Representatives may resign his or her office by writing signed and delivered to the Speaker of that House.
(10) A House may appoint one of its members to fill a vacancy among the members of the committee appointed by that House.
Subject to this Act, all matters relating to the committee's powers and proceedings shall be determined by resolution of both Houses.
The functions of the committee are:
(a) to develop a code of conduct for:
(i) ministers; and
(ii) other members of Parliament;
for adoption by resolution of both Houses of the Parliament; and
(b) to inquire into any question in connection with its functions that is referred to it by a House and to report to that House on that question.
(1) The Office of Commissioner for Ministerial and Parliamentary Ethics is established by this section.
(2) As soon as practicable after a code of conduct developed by the Parliamentary Joint Committee on a Code of Conduct for Ministers and Other Members of Parliament has been adopted by both Houses of the Parliament, and whenever a vacancy in the office occurs thereafter, the Presiding Officers must appoint a Commissioner for Ministerial and Parliamentary Ethics (the Commissioner).
(3) Before appointing the Commissioner, the Presiding Officers must consult with the Leader of each recognised political party that is represented in either House of the Parliament and with any independent or minority group senators or members of the House of Representatives.
(4) In making an appointment under this section, the Presiding Officers must:
(a) base their decision on merit; and
(b) declare any personal interest; and
(c) comply with any relevant laws relating to discrimination; and
(d) publish reasons for their selection of a particular candidate.
(5) In this Act, Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.
The Commissioner has the following functions:
(a) at least once every 2 years, to review the codes of conduct for ministers and other members of Parliament; and
(b) to implement an education program for ministers and members of Parliament on ethical standards; and
(c) to give advice on ethical standards if requested to do so by either House of the Parliament; and
(d) to recommend guidelines to both Houses of Parliament on the interpretation of the codes of conduct for ministers and members of Parliament; and
(e) to investigate complaints of breaches of the codes of conduct for ministers and members of Parliament and to report to the relevant House of the Parliament; and
(f) such other functions in relation to parliamentary ethics and standards as are determined by resolution of either or both Houses of the Parliament.
The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under this Act.
(1) After the end of each financial year, the Commissioner must give a report to the Presiding Officers, for presentation to the Parliament, on the activities of the Commissioner during the year.
(2) The report must be prepared in accordance with guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.
A person holds office as the Commissioner for Ministerial and Parliamentary Ethics on a full-time basis for a period not exceeding 5 years unless a person's appointment is sooner terminated.
(1) The Commissioner is to be paid the remuneration and allowances determined by the Remuneration Tribunal. If no determination by the Tribunal for that purpose is in operation, the Commissioner is to be paid the remuneration and allowances that are determined in writing by the Presiding Officers.
(2) Subsection (1) has effect subject to the Remuneration Tribunal Act 1973.
A person holds office as Commissioner on such terms and conditions (if any) in relation to matters not covered by this Act that are determined in writing by the Presiding Officers.
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Presiding Officers may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Presiding Officers determine.
The Commissioner must not engage in paid employment outside the duties of the Commissioner's office without the approval of the Presiding Officers.
The Commissioner may resign his or her appointment by giving the Presiding Officers a written resignation.
(1) The Presiding Officers may remove the Commissioner from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Presiding Officers praying for the removal of the Commissioner on the ground of misbehaviour or physical or mental incapacity.
(2) The Presiding Officers must remove the Commissioner from office if the Commissioner:
(a) becomes an insolvent under administration; or
(b) engages, except with the approval of the Presiding Officers, in paid employment outside the duties of his or her office.
(1) The Presiding Officers may appoint a person to act as the Commissioner:
(a) during a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) In addition to the functions given to the Commissioner under Division 2, the Commissioner must determine a code of practice for the making of appointments by ministers.
(2) A code of practice determined under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(3) In making appointments, a minister must comply with the code of practice determined under subsection (1).
(4) The code of practice determined under subsection (1) must provide for ministers to make appointments on the basis of merit.
The Commissioner has the following additional functions under this Division:
(a) to establish guidelines for the making of appointments by ministers to complement the code of practice; and
(b) to implement an education program for ministers in relation to the code of practice; and
(c) to give advice on the making of particular appointments at the request of individual ministers; and
(d) to investigate complaints in relation to breaches of the code of practice or the guidelines and to report to each House of the Parliament on the results of the investigation.
(1) As soon as practicable after the fifth anniversary of the commencement of this Act, the Minister must cause a review to be carried out of the operation of this Act.
(2) A person who carries out a review must give the Minister a written report.
(3) The Minister must cause copies of the report of the review to be laid before each House of the Parliament within 15 sitting days after receiving it.
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1) The Presiding Officers may make determinations, not inconsistent with this Act, prescribing matters:
(a) required or permitted to be prescribed by determination; or
(b) necessary or convenient to be prescribed by determination for carrying out or giving effect to this Act.
(2) Each determination must be:
(a) published in the Gazette within 14 days; and
(b) laid before each House of the Parliament as soon as practicable;
after the determination is made.
The following guidelines apply to Government Advertising Campaigns.
(1) Campaigns should provide objective, factual and explanatory information.
(2) Campaigns should present information in an unbiased and equitable manner.
(3) Information presented in campaigns should be based on accurate, verifiable facts and be expressed in conformity with those facts.
(4) Campaigns should not contain clauses or statements which cannot be substantiated.
(5) Campaigns should present information in a way that makes facts clearly and easily distinguishable from comment, opinion and analysis.
(6) If Campaigns contain information of a comparative nature, the information must state the basis of the comparison and must not be misleading.
(7) Campaigns should not intentionally promote party-political interests or give rise to a reasonable perception that they promote party-political interests.
(8) Campaigns should present information in objective and unbiased language and be free from partisan promotion of government policies or political arguments.
(9) Campaigns should not contain any material which directly attacks or seems to scorn the views, policies or actions of others, including the policies and opinions of other political parties.
(10) Campaigns should not contain party political slogans or images.
(11) Campaigns should include a statement of the Campaign's objective.
(12) No expenditure of public money should be undertaken on mass media advertising, telephone canvassing or information services, on-line services, direct mail or other distribution of unsolicited material until the Government has obtained assent to legislation giving it authority to implement the policy, program or service described in the public information or education campaign.
(13) The only exception to the requirement in clause (12) is where major issues of public health, public safety or public order may arise at short notice.
Schedule 1 Guidelines for Government Advertising Campaigns
Part 4 Miscellaneous
Division 3 Appointments on merit
Section 31
Guidelines for Government Advertising Campaigns Schedule 1
Miscellaneous Part 4
Appointments on merit Division 3
Section 31
Charter of Political Honesty Bill 2000 No. , 2000
Charter of Political Honesty Bill 2000 No. , 2000
Charter of Political Honesty Bill 2000 No. , 2000
Charter of Political Honesty Bill 2000 No. , 2000
Charter of Political Honesty Bill 2000 No. , 2000
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