The following questions and answers are intended to help lobbyists and Government officials understand their obligations under the Lobbyist Code of Conduct and the operation of the Register of Lobbyists.  The questions and answers do not form part of the Code itself.  However, they serve to illustrate the application of the Code in certain circumstances, and lobbyists and Government officials who follow the examples described in the questions and answers will not be in breach of the Code.

If you have a question that is not addressed below, please contact us using the online contact form, or by sending an email to nswlobbyistsregister@dpc.nsw.gov.au, or by calling 02 9228 3114.

1. Why has the Government established a Register of Lobbyists?
2. What is the Lobbyist Code of Conduct and how does it relate to the Register of Lobbyists?
3. What is the definition of lobbyist?
4. What is the definition of a Government representative or Government official?
5. By what date will lobbyists need to be registered?
6. What does a lobbyist need to do when making an initial contact with a Government official about a particular issue on behalf of a client?
7. What does a Government official need to do if approached by a lobbyist?
8. Are there any circumstances in which the Lobbyist Code of Conduct does not apply?
9. Can I as a registered lobbyist lobby a Government representative if I happen to run into them on the street or in some other informal context, including at a social function?
10. What if I meet a Government representative at a private event (such as a lunch organised by a family friend or an event at my children’s school) or at a meeting of a political party of which I am a member?
11. How do lobbyists become registered on the Register of Lobbyists?
12. Will any applications for registration be refused?
13. Can a lobbyist’s registration be removed?
14. Is the Register of Lobbyists publicly accessible?
15. What information will be on the Register of Lobbyists?
16. Who should a lobbyist nominate as the Responsible Officer in the lobbyist’s application for registration?
17. How can I get further information on the Register of Lobbyists or ask questions about the operation of the Register or the Lobbyist Code of Conduct?

1. Why has the Government established a Register of Lobbyists?

Respect for the institutions of Government depends to a large extent on public confidence in the integrity of Government officials.

Lobbying is a legitimate activity and an important part of the democratic process. Lobbyists can help individuals and organisations communicate their views on matters of public interest to the Government, and in doing so, improve outcomes for the individual and the community as a whole.

In performing this role, there is a public expectation that lobbying activities will be carried out ethically and transparently, and that Government officials who are approached by lobbyists can establish whose interests lobbyists represent so that informed judgements can be made about the outcome lobbyists are seeking to achieve.

While some lobbyists work directly for a single client to advance the interests of that client, others lobby on behalf of a number of different clients. The Government believes it is important for both Government officials and the public to know precisely who lobbyists represent when they have dealings with Government. Accordingly, the purpose of the Register of Lobbyists is to provide information to the public, as well as to Government, on whom lobbyists represent in their dealings with Government. 

The Register of Lobbyists is a public document. It contains the following information about lobbyists who represent a client’s views to Government representatives:

• the business registration details, including the names of owners, partners or major shareholders, as applicable;
• the names and positions of persons employed, contracted or otherwise engaged by the lobbyist to carry out lobbying activities; and
• the names of clients who currently retain the lobbyist or have been provided services by the lobbyist during the past three months.

2. What is the Lobbyist Code of Conduct and how does it relate to the Register of Lobbyists?

The Code underpins the Register. It sets out the requirements for contact between lobbyists and Government officials. In particular, the Code permits Government representatives to be lobbied only by lobbyists acting on behalf of a third party client who have their details on the Register. Government Members of Parliament also are required to comply with the Code. It should be noted that the Code does not serve to restrict contact in situations where the law requires a Government representative to take account of the views advanced by a lobbyist.

The Code also sets out the ethical standards to be observed by lobbyists.

The Code also indicates what information will be publicly available on the Register and the conditions for successful registration of lobbyists.

A copy of the Code can be downloaded from this website.

From 1 February 2009, the Code will apply through the Codes of Conduct that apply to Ministers, Ministerial staff, senior public servants and public sector agencies, and through a Premier’s Memorandum in relation to Parliamentary Secretaries and their staff. The Premier will also be writing to Government Members of Parliament requiring them to comply with the Code.

If you are a lobbyist or a Government official who may be approached by a lobbyist, you should download the Code and read it.

3. What is the definition of lobbyist?

For the purpose of the Register of Lobbyists, a lobbyist is defined in clause 3 of the Lobbyist Code of Conduct to mean a person or organisation whose business includes being contracted or engaged to represent the interests of a third party to a Government representative.

The Code expressly excludes the following from the definition of a lobbyist:

• organisations constituted to represent the interests of their members;
• religious or charitable organisations; and
• entities or persons whose business is a recognised technical or professional occupation which, as part of the services provided to third parties in the course of that occupation, represents the views of the third party who has engaged it to provide their technical or professional services.

Essentially, the definition of a lobbyist covers professional lobbyists who lobby Government representatives on behalf of a client.

The Code does not apply to in-house lobbyists, such as government relations staff employed by companies to make representations to Government on behalf of the company that employs them or staff employed in professional associations or trade unions to make representations to Government on behalf of their members. It also does not apply to professionals (such as accountants and lawyers) who, as part of their day to day professional services to a client, represent that client’s views to a Government representative. These people are not required to register.  

4. What is the definition of a Government representative or Government official?

A Government representative is:

• a Minister;
• a Parliamentary Secretary;
• a Ministerial staff member;
• a person working for a Parliamentary Secretary; or
• a person working in a public sector agency (which means a Division of the Government Service as defined in the Public Sector Employment and Management Act 2002).

A list of public sector agencies (the Divisions of the Government Service) can be found at Schedule 1 of the Public Sector Employment and Management Act 2002

When Government officials are referred to in relation to the Register of Lobbyists, reference is being made to Government representatives and Government Members of Parliament.

Government officials will be required to comply with the Lobbyists Code of Conduct.

5. By what date will lobbyists need to be registered?

The Lobbyist Code of Conduct will come into effect on 1 February 2009.

Lobbyists not on the Register of Lobbyists from 1 February 2009, will not be able to lobby Government officials until they have registered.

Lobbyists can submit their applications for registration online.

6. What does a lobbyist need to do when making an initial contact with a Government official about a particular issue on behalf of a client?

From 1 February 2009, when making an initial contact with a Government official about a particular issue on behalf of a client, a lobbyist must:

• identify himself or herself as a lobbyist or employee, contractor or person engaged by a lobbyist;
• confirm that he or she is currently listed on the Register of Lobbyists;
• state that he or she is making contact on behalf of a client and identify the particular client; and
• state the nature of the client’s issue.

7. What does a Government official need to do if approached by a lobbyist?

Clause 4.1 of the Lobbyists Code of Conduct states that a Government representative shall not permit lobbying by a lobbyist or any employee, contractor or person engaged by a lobbyist to carry out lobbying activities who is not on the Register of Lobbyists, or by a lobbyist or employee, contractor or person engaged by a lobbyist to carry out lobbying activities who has failed to observe any of the requirements of clause 4.3 of the Code.

Clause 4.3 requires a lobbyist to inform a Government representative of the following when he or she makes an initial contact with a Government representative about a particular issue on behalf of a client:

• that the person is a lobbyist or an employee, contractor or person engaged by a lobbyist;
• that the person is currently listed on the Register of Lobbyists;
• that the person is making contact on behalf of a client and the name of the particular client; and
• the nature of the client’s issue.

If a lobbyist, employee, contractor or person engaged by a lobbyist to carry out lobbying activities fails to observe the requirements in clause 4.3, a Government official must decline to have further contact with them. That lobbyist, employee, contractor or person engaged by a lobbyist also would have breached the Code and a Government official should report this breach to the Director General of the Department of Premier and Cabinet.

A Government official must also check that the lobbyist, employee, contractor or person engaged by a lobbyist to carry out lobbying activities is listed on the Register before having any further contact with that person. The Register can be accessed here.

It would also be prudent for a Government official to check that the lobbyist’s nominated client is listed on the Register. It should be noted, however, that a new client may not be listed yet on the Register as a lobbyist has up to 10 business days after a change occurs to notify that change to the Director General of the Department of Premier and Cabinet.  

If a Government official is satisfied that the lobbyist, employee, contractor or person engaged by the lobbyist is listed on the Register and that the other requirements of clause 4.3 of the Code have been met, he or she can decide whether or not to participate in the lobbying activity.

There is no obligation to meet a lobbyist simply because the lobbyist is registered. Being on the Register does not give a lobbyist a greater right of access to Government officials than any other person.

A flowchart to guide Government officials, can be accessed here.

8. Are there any circumstances in which the Lobbyist Code of Conduct does not apply?

The Code does not serve to restrict contact in situations where the law requires a Government official to take into account the views advanced by a lobbyist. For example, under the Freedom of Information Act 1989, a government agency may be required to consult a lobbyist about a document which contains certain information concerning that lobbyist.

A lobbyist in such situations is not required to be registered.

9. Can I as a registered lobbyist lobby a Government representative if I happen to run into them on the street or in some other informal context, including at a social function?

The Code does not prevent you from speaking to a Government representative if you run into them on the street or in some other context outside of a formal meeting.

If you wish to lobby the Government representative, however, you must comply with the Code.

You must advise the Government representative:

1. that you are a Lobbyist or employee, contractor or person otherwise engaged by a Lobbyist who is currently listed on the Register of Lobbyists;
2. that you are making the contact on behalf of a third party;
3. of the name of the third party; and
4. of the nature of that third party's issue (see clause 4.1).

The onus is on you as the registered lobbyist to provide this information to the Government representative, particularly as it is unlikely in the circumstances that the Government representative will be able to check the Register.

Even if you discharge your obligations this does not give you a right to lobby the Government representative. It remains a decision for the Government representative as to whether or not he or she will permit you to lobby him or her on the issue you wish to discuss.

The Government representative may also prefer to decline your request to lobby at the time and to suggest instead that you contact the Government representative’s office to request a formal meeting to discuss the issue. There is no obligation on the Government representative to agree to any meeting request.

10. What if I meet a Government representative at a private event (such as a lunch organised by a family friend or an event at my children’s school) or at a meeting of a political party of which I am a member?

The Code requires you to strictly separate your activities as a Lobbyist from any personal activities or involvement on behalf of a political party (see clause 7.1(d) of the Code).

Obviously you are not prevented from simply attending the lunch, event or party meeting or speaking with the Government representative. If you wish to lobby the Government representative, however, you will need to ensure that your personal activities or involvement on behalf of a political party are strictly separated from the lobbying activities. This can be achieved by making it clear to the Government representative that you wish to lobby them and then discharging your obligations under clause 4.1 of the Code (see question 1).

Again, even if you discharge your obligations under clause 4.1 of the Code this does not give you a right to lobby a Government representative. It remains a decision for the Government representative as to whether or not he or she will permit you to lobby him or her on the particular issue which you wish to discuss.

11. How do lobbyists become registered on the Register of Lobbyists?

A lobbyist can apply online to be included on the Register. To apply online, see 'How to Register'.

Alternatively, if a lobbyist is unable to register online, an application form can be obtained by:

• sending an email to nswlobbyistsregister@dpc.nsw.gov.au and asking for a form to be sent to you by email;
• sending a facsimile to (02) 9228 5542 and asking for a form to be posted to you; or
• calling (02) 9228 3114 and asking for a form to be posted to you.

Each individual who engages in lobbying activities must submit a statutory declaration confirming the matters set out in clause 8.1 of the Lobbyist Code of Conduct before he or she will be included on the Register.

Applicants should ensure that all sections of the statutory declaration are completed, that the name, address and occupation of the person making the declaration is provided, and the form is witnessed by an appropriately qualified person.

A statutory declaration must be made pursuant to the legislation applicable in the State or Territory in which the declaration is made.  A person making a statutory declaration in New South Wales may use the statutory declaration form provided here.

12. Will any applications for registration be refused?

The Director General of the Department of Premier and Cabinet cannot register a person if he or she:

• has ever been sentenced to a term of imprisonment of 30 months or more; or
• has been convicted, as an adult, in the last ten years, of an offence, one element of which involves dishonesty, such as theft or fraud.

Individuals must provide statutory declarations in respect of these matters before they can be included on the Register of Lobbyists.

In addition, the Director General can refuse to accept part or all of an application for registration if in the opinion of the Director General:

• any prior or current conduct of the lobbyist or the lobbyist’s employee, contractor or person otherwise engaged to provide lobbying services for the lobbyist has contravened any of the terms of the Lobbyist Code of Conduct; or
• any prior or current conduct of the lobbyist or association of the lobbyist with another person or organisation is considered to be inconsistent with general standards of ethical conduct; or
• the registration details of the lobbyist are inaccurate; or
• the lobbyist has not confirmed the lobbyist’s details as required by the Code; or
• there are other reasonable grounds for doing so.

A lobbyist will be given reasons, and a chance to respond, before part or all of a lobbyist’s application for registration is refused.

13. Can a lobbyist’s registration be removed?

The Director General of the Department of Premier and Cabinet can remove part or all of a lobbyist’s details from the Register of Lobbyists if in the opinion of the Director General:

• any prior or current conduct of the lobbyist or the lobbyist’s employee, contractor or person otherwise engaged to provide lobbying services for the lobbyist has contravened any of the terms of the Lobbyist Code of Conduct; or
• any prior or current conduct of the lobbyist or association of the lobbyist with another person or organisation is considered to be inconsistent with general standards of ethical conduct; or
• the registration details of the lobbyist are inaccurate; or
• the lobbyist has not confirmed the lobbyist’s details as required by the Code; or
• there are other reasonable grounds for doing so.

14. Is the Register of Lobbyists publicly accessible?

Yes. The Register is available online to the public and can be accessed here.

The Register may also be inspected at the Department of Premier and Cabinet at level 39, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000.

15. What information will be on the Register of Lobbyists?

The Register will contain the following information about lobbyists:

• the business registration details, including the names of owners, partners or major shareholders, as applicable;
• the names and positions of persons employed, contracted or otherwise engaged by the lobbyist to carry out lobbying activities; and
• the names of clients who currently retain the lobbyist or have been provided services by the lobbyist during the past three months.

16. Who should a lobbyist nominate as the Responsible Officer in the lobbyist’s application for registration?

The Responsible Officer is a key position for email communications between the Department of Premier and Cabinet and the lobbyist. These communications will include advice that an application for registration has been received, advice that registration has been approved or not approved, and other matters that might arise in connection with continuing registration.

In nominating a person as the Responsible Officer, it is in the lobbyist’s interest to ensure that the person is at a level that he or she can deal with any communications from the Department as appropriate. In the event of a change to the Responsible Officer, that position’s details will need to be updated on the Register of Lobbyists, including the relevant email address, to ensure that the lobbyist continues to receive emails relating to the Register.

17. How can I get further information on the Register of Lobbyists or ask questions about the operation of the Register or the Lobbyist Code of Conduct?

If you require further information or wish to make a comment about the Register or the Code, please contact the Department of Premier and Cabinet using the online contact form or by using any of the following contact details:

Register of Lobbyists
Department of Premier and Cabinet
GPO Box 5341
Sydney NSW 2001

Fax: (02) 9228 5542
Phone: (02) 9228 3114
Email: nswlobbyistsregister@dpc.nsw.gov.au