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Public Administration Amendment
(Public Sector Communication
Standards) Bill 2016
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the main purpose of the Bill, which is to amend the
Public Administration Act 2004 (the Principal Act) to provide
for a legislative framework for governance of communication
and advertising by public sector bodies. The Bill inserts a new
Part 5A into the Principal Act. The new Part imposes
requirements for public sector bodies to comply with standards
and requirements for public sector communication and
advertising, and provides power for the Governor in Council to
make regulations prescribing such standards and requirements.
Providing a legislative framework for governance of
communication and advertising by public sector bodies is
intended to make public sector communications clearer and more
transparent, make public sector bodies more accountable for their
communication and support improved oversight by the Auditor
General.
Clause 2 is the commencement provision. The provisions of the Bill will
come into operation on a day or days to be proclaimed. If a
provision of the Bill does not come into operation before 11 April
2017, it comes into operation on that day.
Clause 3 inserts an additional object to section 3 of the Principal Act,
which lists the objects of the Principal Act. The additional
object of the Principal Act is to establish standards and impose
requirements for communication and advertising by public sector
bodies.
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Clause 4 amends section 4(1) of the Principal Act to insert definitions for
advertise, public sector communication and publish. This is
necessary to provide clarity regarding the scope and application
of the prescribed standards and requirements for public sector
communication. The definitions are deliberately broad with the
intention of comprehensively capturing all public communication
activity undertaken by public sector bodies. The definitions
identify advertising as a subset of public sector communication
that is published by means of purchased media placement.
This is necessary as specific standards are to be applied to this
particular category of communication.
Clause 4 also inserts definitions of candidate, election and
political party. Those terms are defined to have the same
meaning as they have in section 3 of the Electoral Act 2002.
Clause 5 inserts a new Part 5A in the Principal Act that requires public
sector bodies to comply with standards and requirements for
publishing public sector communication. The relevant provisions
are as follows.
Objects of this Part
New section 97A provides an overview of the objects of the new
Part.
Purpose for publication of public sector communication to be in
the public interest
New section 97B provides that a public sector body that
publishes or causes to be published a public sector
communication must ensure that publication is in the public
interest. This requirement is intended to ensure that public
resources and funds used for communication are being directed
toward the delivery of outcomes that are of benefit to the
community. Public interest purposes may be prescribed by
regulation.
Public sector communication standards
New section 97C provides that a public sector body that
publishes or causes to be published a public sector
communication must ensure that the public sector communication
is not designed or intended to directly or indirectly influence
public sentiment for or against a political party, a candidate for
election or a member of Parliament, and must be in accordance
with prescribed communication standards. As well as expressly
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forbidding advertising for political purposes, this provision
allows for the creation of standards that prohibit certain content
in public sector communication. This section is intended to
ensure that public sector communication is of high integrity and
cannot be used to provide political benefit to the government of
the day.
Advertising public sector communication on television
New section 97D provides that a public sector body that
advertises or causes to be advertised a public sector
communication on television must ensure that this advertising is
for one of a small number of specific purposes as set out in the
Bill. These additional restrictions are imposed on television
advertising because it is a high value, mass market medium.
Advertising standards and advertising requirements for public
sector communication generally
New section 97E provides for further specific standards or
requirements to be applied to public sector communication
published by means of advertising generally, whether on
television or in other media. Because advertising involves
expenditure of public funds on the publication of public sector
communication, these additional controls are needed to ensure
such expenditure is appropriate. As well as the content of
communication, requirements may also relate to the purchasing
of media placements for advertising.
Clause 6 inserts an additional subsection (1A) after section 112(1) of the
Principal Act, empowering the Governor in Council to make
regulations for or with respect to any matter or thing required
or permitted by the new Part inserted in the Principal Act by
clause 5 of the Bill. Clause 6 also amends the wording of
section 112(2)(b) of the Principal Act to correct a grammatical
error.
Clause 7 provides for the automatic repeal of this amending Act on
11 April 2018. The repeal of this Act does not affect in any
way the continuing operation of the amendments made by this
Act (in accordance with section 15(1) of the Interpretation of
Legislation Act 1984).
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