Australian Government Lobbying Code of Conduct + Register of Lobbyists Explained

What the Lobbying Code of Conduct regulates

The Lobbying Code of Conduct is administered by the Attorney-General's Department and forms the basis for the Australian Government Register of Lobbyists. It establishes requirements governing interactions between third-party lobbyists and Australian Government representatives. These requirements aim to ensure transparency and accountability in the lobbying process.

The Code specifically regulates lobbying activities, which are defined as communications intended to influence federal government decision-making. To comply, third-party lobbyists are obligated to register themselves and their clients on the publicly accessible Register of Lobbyists before engaging with Commonwealth representatives. This registration process contributes to the foreign influence transparency scheme.

Australian Government representatives are prohibited from knowingly engaging with lobbyists who are not registered. The Code operates alongside other accountability mechanisms, including the National Anti-Corruption Commission, to promote integrity in government.

Who must register

The Australian Lobbying Code of Conduct mandates registration for third-party lobbyists. This means individuals or firms engaging in lobbying activities on behalf of clients are required to register. Currently, in-house lobbyists – those working directly for an organisation and lobbying on its behalf – are not required to register under this system.

Registration involves providing specific business details, information about the owners of the lobbying entity, and a current list of clients. Lobbyists are obligated to update their client list before commencing lobbying activity for any new client. This ensures the Register remains current and transparent.

Former senior government representatives are subject to post-employment cooling-off periods as outlined in the Code, restricting their lobbying activities for a defined time. The Register itself is publicly searchable and updated whenever registered entities provide new information. It is important to note that lobbying activities must comply with all relevant laws, including foreign bribery under the Criminal Code.

Conduct standards and prohibitions

The Lobbying Code of Conduct sets out specific standards of behaviour for registered lobbyists. These standards require lobbyists to act with integrity and professionalism. Lobbyists must not engage in corrupt, dishonest or illegal activity, nor should they cause a Commonwealth representative to breach their own standards. This includes ensuring all interactions are conducted ethically and lawfully, and are consistent with sanctions compliance via DFAT.

Key prohibitions within the Code relate to transparency and potential conflicts of interest. Lobbyists are required to accurately disclose their identity, the client they represent, and the subject matter of the lobbying on their initial contact with a Commonwealth representative. Furthermore, lobbyists must not place a Commonwealth representative in a conflict of interest by acting for competing clients without obtaining their consent.

The Code also strictly regulates financial incentives. It prohibits lobbyists from entering into success-fee arrangements that are linked to the outcomes of government decisions. Failure to adhere to the Code’s requirements can have serious consequences, including removal from the Register of Lobbyists, which prevents any further contact with Commonwealth representatives.

Enforcement and oversight

The Lobbying Code of Conduct operates as an administrative scheme, meaning it is not underpinned by legislation. Consequently, sanctions for non-compliance are limited to the Attorney-General's Department suspending or removing lobbyists from the Register. Australian Government representatives are required to consult the Register prior to meetings with lobbyists and to report any instances of contact with unregistered lobbyists.

The Attorney-General's Department is responsible for maintaining the Register and has the power to enforce compliance by suspending or removing lobbyists who fail to meet the required standards. The Australian National Audit Office (ANAO) periodically assesses the management of the Register through performance audits.

It is important to note that the Code’s operation is distinct from state and territory jurisdictions. Each state and territory maintains its own lobbying registers and associated standards, which operate independently of the national Register.