"The Albanese government is committed to upholding a high standard of integrity, transparency and accountability—a standard the former government never aspired to, let alone achieved."

Address to the Federation Chamber, Statements by Members -Lobbying

Monday 26 February 2024

I rise to speak to the motion moved by the member for Kooyong and recognise other contributions to this debate. As someone who worked in and around government for 20 years, I recognise the member's advocacy for more transparency in government and, in principle, support much of the thrust of this motion. It's critical, though, to acknowledge that this government has already made significant changes, including the establishment of a National Anti-Corruption Commission and the introduction of overdue reforms to public-interest disclosures, with more reform on its way. We have strengthened codes of conduct that apply to ministers and their offices. It's a stark contrast to the previous government. The Albanese government is committed to upholding a high standard of integrity, transparency and accountability—a standard the former government never aspired to, let alone achieved.

Indeed, as previous speakers have noted, the original Lobbying Code of Conduct was created by the last Labor government. When the code was established, for the first time lobbyists were required to register their activity and comply with strict rules on transparency. It was one of the many integrity measures introduced by the Rudd Labor government, which also included a new code of conduct for ministerial staff and a strengthened ministerial code. When a third-party lobbyist contacts a government representative, including a minister, the code requires that they confirm they are on the register and disclose whose interests they are representing. The code is practical, making it easier to adhere to and therefore more effective. The code also imposes an obligation on government representatives: they must not knowingly be a party to lobbying by third-party lobbyists not on the register. There are penalties associated with failure to comply with the code, including a power for the Secretary of the Attorney-General's Department to bar a lobbyist who has committed a serious breach. The current code recognises the rights of lobbyists to lobby but places conditions on the manner of third-party lobbying through mandatory registration and disclosure obligations. I acknowledge that not everyone is happy with the scope of the lobbying code, and I acknowledge the argument that the scope of the existing register should extend to in-house lobbyists in particular. I think there's merit in considering this approach. Indeed, some might suggest it's a way of closing a loophole.

I recognise that this motion also calls for automatic access to the ministerial diaries. Such access to diaries would be unknown to the Commonwealth's freedom of information system as it currently stands, as it does not provide for the automatic publication of any category of document. Access to official documents of government is available under the Freedom of Information Act by request. Each request is subject to assessment which is governed by statutory requirements and by a series of exemptions, each of which needs to be considered. But it is critical that assessment of these requests should occur in a timely way, and I acknowledge the concerns about timeliness often.

I note also the motion's suggestion to extend the post-employment cooling-off period for ministers and senior government officials to three years. From my experience working with government prior to politics, I agree that we need to obtain the right balance between post-political careers and public responsibility. For example, Canada's Lobbying Act prohibits not only ministers but also their staff and senior public servants from undertaking a broad range of activities for five years after they've left office. This includes communicating with any public office holder or senior public servant in relation to their official duties and arranging for other people to do so. This is a much stronger approach than the current Australian approach. Some gaps still remain in our system, including a time period that can sometimes be avoided by warehousing ex-officials on other duties.

In looking around the world at the state that many great democracies are finding themselves in and contemplating the challenges for our country that are looming on the horizon and creeping ever close to us, there are few tasks more important than restoring trust in and the capacity of government. The Albanese government is committed to integrity, honesty and accountability in government. Within months of coming to office we established the National Anti-Corruption Commission, the single biggest reform to the integrity framework in decades. The commission commenced operation on 1 July 2023—a major reform of the current Labor government.

This government, like the member for Kooyong, was elected to make our government and public service more transparent and accountable and to strengthen their integrity. We've already made significant progress, but we recognise that there is still more work to be done.