Government Advertising (Objectivity, Fairness and Accountability) Bill 2001
First Reading
1998-1999-2000-2001
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Government Advertising (Objectivity, Fairness and Accountability) Bill 2001
No. , 2001
(Hon. Kim Beazley)
A Bill for an Act to require government advertising to meet minimum standards with respect to objectivity, fairness and accountability, and to prohibit the expenditure of taxpayers' money on advertising which promotes party political interests
Contents
1 Short title 1
2 Commencement 2
3 Schedule(s) 2
Schedule 1--Amendments 3
Financial Management and Accountability Act 1997
A Bill for an Act to require government advertising to meet minimum standards with respect to objectivity, fairness and accountability, and to prohibit the expenditure of taxpayers' money on advertising which promotes party political interests
The Parliament of Australia enacts:
This Act may be cited as the
Government Advertising (Objectivity, Fairness and Accountability) Act 2001.
This Act commences on the day on which it receives the Royal Assent.
The
Financial Management and Accountability Act 1997 is amended as set out in Schedule 1.
1 After Part 8
Insert:
(1) An official or Minister must not use public money for government advertising other than in accordance with the Principles and Guidelines for the Use of Government Advertising contained in Schedule 1.
(2) Any person may apply to the Federal Court for an injunction under this section in connection with government advertising.
(3) Where the Court is satisfied that an official or Minister has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of subsection (1), the Court may grant an injunction in such terms as the Court determines to be appropriate.
(4) Where an application for an injunction under subsection (2) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (3).
(5) 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 (2).
(6) The Court may rescind or vary an injunction granted under subsection (3) or (5).
(7) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:
Back to Top (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind;
(b) whether or not the 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 first-mentioned person engages in conduct of that kind.
(8) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to the Court that the 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 person has previously refused or failed to do that act or thing; and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.
2 At the end of the Act
Add:
In developing material to be communicated to the public:
1.1 The subject matter should be directly related to the Government's responsibilities;
1.2 An information strategy should be considered as a routine and integral part of policy development and program planning; and
1.3 No campaign should be contemplated without an identified information need by identified recipients based on appropriate market research.
Examples of suitable uses for government advertising include to:
• Inform the public of new, existing or proposed government policies, or policy revisions;
• Provide information on government programs or services or revisions to programs or services to which the public are entitled;
• Disseminate scientific, medical or health and safety information; or
• Provide information on the performance of government to facilitate accountability to the public.
2.1 Information campaigns should be directed at the provision of objective, factual and explanatory information. Information should be presented in an unbiased and equitable manner.
2.2 Information should be based on accurate, verifiable facts, carefully and precisely expressed in conformity with those facts. No claim or statement should be made which cannot be substantiated.
2.3 The recipient of the information should always be able to distinguish clearly and easily between facts on the one hand, and comment, opinion and analysis on the other.
2.4 When making a comparison, the material should not mislead the recipient about the situation with which the comparison is made and it should state explicitly the basis for the comparison.
3.1 Information campaigns should not intentionally promote, or be perceived as promoting, party-political interests. Communication may be perceived as being party-political because of any one of a number of factors, including:
• what was communicated;
• who communicated it;
• why it was communicated;
• what it was meant to do;
• how, when and where it was communicated;
• the environment in which it was communicated; or the effect it had.
3.2 Material should be presented in unbiased and objective language, and in a manner free from partisan promotion of government policy and political argument.
3.3 Material should not directly attack or scorn the views, policies or actions of others such as the policies and opinions of opposition parties or groups.
3.4 Information should avoid party-political slogans or images. This may involve restrictions on the use of ministerial photographs in government publications.
4.1 Distribution of sensitive, unsolicited material should be carefully controlled. As a general rule, publicity touching on politically controversial issues should not reach members of the public unsolicited except where the information clearly and directly affects their interests. Generally, material may only be issued in response to individual requests, enclosed with replies to related correspondence or sent to organisations or individuals with a known interest in the area.
4.2 Care should be taken to ensure that Government advertising material is not used or reproduced by members of political parties in support of party-political activities without appropriate approval.
4.3 All advertising material and the manner of presentation should comply with relevant law, including broadcasting, media and electoral law.
4.4 Material should be produced and distributed in an economic and relevant manner, with due regard to accountability.
4.5 No information campaign should be undertaken without a justifiable cost/benefit analysis. The cost of the chosen scale and methods of communicating information must be justifiable in terms of achieving the identified objective(s) for the least practicable expenses. Objectives which have little prospect of being achieved, or which are likely to be achieved only at disproportionate cost, should not be pursued without good reasons.
4.6 Care should be taken to ensure that media placement of government advertising is determined on a needs basis and targeted accordingly and without favour.
4.7 Existing purchasing/procurement policies and procedures for the tendering and commissioning of services and the employment of consultants should be followed.