In Victoria, all lobbyists, Government Affairs Directors and government representatives must conduct lobbying activities in line with the Lobbyist Code of Conduct.
It defines the rules of contact so that decisions are transparent and made with integrity. This helps maintain public trust in the lobbying system.
Before you read this, note that:
Free and open access to the institutions of government is a vital element of our democracy.
Lobbyists and Government Affairs Directors can enhance the strength of our democracy by assisting individuals and organisations with advice on public policy processes and facilitating contact with relevant Government Representatives.
In performing this role, Lobbyists and Government Affairs Directors have a duty to act ethically, transparently, according to the highest standards of professional conduct and in accordance with probity requirements.
The Government has established the Victorian Government Professional Lobbyist Code of Conduct to ensure that contact between Lobbyists and certain Government Affairs Directors and Government Representatives is conducted in accordance with public expectations of transparency, integrity and honesty.
This Code has application to Ministers, Cabinet Secretaries, Parliamentary Secretaries, Ministerial Staff Members and public officials through the Premier’s Circular on Professional Lobbyists and public sector Codes of Conduct.
This Code applies in conjunction with other relevant codes and practices, particularly the Victorian Government Purchasing Board (VGPB) procurement policies, in accordance with the longstanding probity requirements for competitive tender processes which do not permit lobbying activities, and any other statutory provisions that are in effect from time to time. For the avoidance of doubt, VGPB procurement policies and any statutory requirements take precedence over this Code.
This Code creates no obligation for a Government Representative to have contact with a particular Lobbyist or Lobbyists in general, or with a particular Government Affairs Director or Government Affairs Directors in general.
This Code does not serve to restrict contact in situations where the law requires a Government Representative to take account of the views advanced by a person who may be a Lobbyist or Government Affairs Director.
Government Affairs Director means a person who makes regular enquiries, advocates changes to public policy, or seeks specific assistance from government for a wide variety of reasons, in a paid capacity of an organisation or business or professional or trade association.
Government Representative means a:
Lobbying activity means any contact (including telephone contact, electronic mail contact, written mail contact, or face to face meetings) with a Government Representative in an effort to influence Government decisionmaking, including the making or amendment of legislation, the development or amendment of a Government policy or program, the awarding of a Government contract or grant or the allocation of funding, but does not include:
Lobbyist means any person, company or organisation who conducts lobbying activities on behalf of a third party client or whose employees conduct lobbying activities on behalf of a third party client, but does not include:
For the avoidance of doubt, a Lobbyist does not include any person, company or organisation, or the employees of such a company or organisation, engaging in lobbying activities on their own behalf rather than for a client, and this Code does not require any such person, company or organisation to be recorded in the Register of Lobbyists unless that person, company or organisation or its employees also engage in lobbying activities on behalf of a client or clients.
Lobbyist's details means:
Success fee means an amount of money or other valuable consideration, the receipt of which is contingent on the tendering or awarding of a public project from the Victorian Government or a public sector body as defined in the Public Administration Act 2004.
A Government Representative shall not at any time knowingly and intentionally be a party to Lobbying activity by:
When making an initial contact with a Government Representative about a particular issue on behalf of a third party for whom the Lobbyist has provided paid or unpaid services, the Lobbyist must inform the Government Representative:
When making an initial contact with a Government Representative about a particular issue, the Government Affairs Director must inform the Government Representative whether they are a Government Affairs Director who is required by this Code to have their Lobbyist’s Details recorded on the Register of Lobbyists, and whether they have complied with this requirement.
A Lobbyist or a Government Affairs Director who holds an appointment to any Government Board or Committee must also ensure that they comply with the integrity provisions of the Public Administration Act 2004, public sector codes of conduct and take guidance from the Public Sector Standards Commissioner’s Conflict of Interest Framework.
There shall be a Register of Lobbyists that contains the following information:
A Lobbyist or Government Affairs Director wishing to engage in Lobbying activity shall apply to the Public Sector Standards Commissioner to have their Lobbyist’s Details recorded in the Register of Lobbyists. A Government Affairs Director is not required to have their Lobbyist’s Details recorded in the Register of Lobbyists if they have no former affiliations as described in clause 5.1.5
A Lobbyist shall submit updated Lobbyist’s Details to the Public Sector Standards Commissioner in the event of any change to the Lobbyist’s Details as soon as practicable, but no later than 10 business days after the change.
A Lobbyist shall provide to the Public Sector Standards Commissioner within 10 business days of 30 June each year:
The registration of a Lobbyist shall lapse if a confirmation and updated statutory declarations are not provided to the Public Sector Standards Commissioner within the timeframes referred to under clause 5.4.
A Government Affairs Director who is required to have their Lobbyist’s Details recorded in the Register of Lobbyists shall provide to the Public Sector Standards Commissioner within 10 business days of 30 June each year written confirmation that their Lobbyist’s Details are up to date, failing which the registration of the Government Affairs Director shall lapse.
The Register of Lobbyists is a public document that is published on the website of the State Services Authority.
Persons who cease to hold office as a Minister or Cabinet Secretary, shall not, for a period of 18 months after they cease to hold office, engage in lobbying activities relating to any matter with which they had official dealings in their last 18 months in office.
Persons who cease to hold office as a Parliamentary Secretary, shall not, for a period of 12 months after they cease to hold office, engage in lobbying activities relating to any matter with which they had official dealings in their last 12 months in office.
Persons employed as Executives (or equivalent) or Ministerial Officers under the Public Administration Act, shall not, for a period of 12 months after they cease their employment, engage in lobbying activities relating to any matter with which they had official dealings in their last 12 months of employment.
Persons on the Register of Lobbyists who receive success fees on or after 1 January 2014 shall be removed from the Register, subject to the discretion of the Public Sector Standards Commissioner.
Lobbyists and Government Affairs Directors shall observe the following principles when engaging with Government Representatives:
The Public Sector Standards Commissioner is to keep and maintain the Register. The Public Sector Standards Commissioner shall not include on the Register the name of an individual, including any particular employee, contractor or person otherwise engaged by a Lobbyist, unless the individual, provides a statutory declaration to the effect that he or she:
The Public Sector Standards Commissioner may at his or her discretion: