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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Non-profit Bodies (Freedom to Advocate) Bill
2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to prohibit and invalidate content (prohibited content) in State
agreements with non-profit bodies that restricts or prevents those bodies from advocating on State
law, policy or practice.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 prohibits an agency of the State from including prohibited content in a State agreement
and also provides that where such content has been included in a State agreement, that content is
void.
Clause 5 contains the definition of prohibited content.
Clause 6 provides that the proposed Act will apply to all State agreements regardless of whether
they were entered into prior to the commencement of the proposed Act. The clause also provides
that where a State agreement contains prohibited content immediately before the commencement
of the proposed Act, the prohibited content will become void on the commencement of the
proposed Act and any right, privilege, obligation or liability acquired in relation to that content
will continue to exist.
b2015-039-06.d11
Non-profit Bodies (Freedom to Advocate) Bill 2015 [NSW]
Explanatory note
Clause 7 provides a regulation-making power for the purposes of savings or transitional
requirements.
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Introduced by the Hon P G Lynch, MP First print
New South Wales
Non-profit Bodies (Freedom to Advocate) Bill
2015
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Agency not to include prohibited content in State agreement 2
5 Prohibited content 2
6 Application 2
7 Regulations 3
b2015-039-06.d11
New South Wales
Non-profit Bodies (Freedom to Advocate) Bill
2015
No , 2015
A Bill for
An Act to prohibit State agreements from restricting or preventing non-profit bodies from
commenting on, advocating support for or opposing changes to State law, policy or practice.
Non-profit Bodies (Freedom to Advocate) Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Non-profit Bodies (Freedom to Advocate) Act 2015. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Definitions 6
In this Act: 7
agency means an agency within the meaning of the Government Information (Public 8
Access) Act 2009 other than a court or a local authority. 9
confidential information means information the disclosure of which: 10
(a) would found an action for breach of confidence, or 11
(b) would disclose: 12
(i) trade secrets, or 13
(ii) any other information having commercial value that would be, or could 14
be reasonably expected to be, destroyed or diminished if the 15
information were disclosed. 16
non-profit body means a body that is not carried on for the purposes of profit or gain 17
to its individual members and is, by the terms of the body's constitution, prohibited 18
from making any distribution, whether in money, property or otherwise, to its 19
members. 20
prohibited content--see section 5. 21
State agreement means a legally binding agreement between an agency (on behalf 22
of the State) and a non-profit body. 23
4 Agency not to include prohibited content in State agreement 24
(1) An agency must not include prohibited content in a State agreement. 25
(2) If a State agreement includes prohibited content, that content is void. 26
5 Prohibited content 27
(1) Prohibited content is any requirement that restricts or prevents a non-profit body 28
(including staff of the non-profit body) from commenting on, advocating support for 29
or opposing change to any matter established by law, policy or practice of the State. 30
(2) However, a requirement is not prohibited content to the extent that it restricts or 31
prevents a non-profit body from disclosing information that is: 32
(a) confidential information, or 33
(b) personal information (within the meaning of section 4 of the Privacy and 34
Personal Information Protection Act 1998). 35
6 Application 36
(1) This Act applies to a State agreement entered into before, on, or after the 37
commencement of this Act. 38
(2) Despite subsection (1), section 4 (1) applies only to a State agreement entered into 39
on or after the commencement of this Act. 40
(3) Subsection (4) applies if, immediately before the commencement of this Act, a State 41
agreement includes prohibited content. 42
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Non-profit Bodies (Freedom to Advocate) Bill 2015 [NSW]
(4) Despite subsection (1): 1
(a) section 4 (2) has the effect that prohibited content in the State agreement 2
becomes void on the commencement of this Act, and 3
(b) paragraph (a) does not affect any right, privilege, obligation or liability 4
acquired, accrued or incurred under the prohibited content before the 5
commencement of this Act. 6
7 Regulations 7
(1) The Governor may make regulations that contain provisions of a savings or 8
transitional nature consequent on the enactment of this Act or any Act that amends 9
this Act. 10
(2) Any such provision may, if the regulations so provide, take effect from the date of 11
assent to the Act concerned or a later date. 12
(3) To the extent to which any such provision takes effect from a date that is earlier than 13
the date of its publication on the NSW legislation website, the provision does not 14
operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than the State or an 16
authority of the State), the rights of that person existing before the date of its 17
publication, or 18
(b) to impose liabilities on any person (other than the State or an authority of the 19
State) in respect of anything done or omitted to be done before the date of its 20
publication. 21
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