Viw Magazine

The Times


.

Australia's political lobbying regime is broken and needs urgent reform

  • Written by: George Rennie, Lecturer in Politics, University of Melbourne
Former ministers Christopher Pyne and Julie Bishop have appeared before a Senate committee to defend their post-parliamentary jobs. AAP/Mick Tsikas

Recent jobs taken by former senior ministers Julie Bishop and Christopher Pyne have brought on ire of the Australian Senate, which is now concluding an inquiry into the matter.

The testimony before the inquiry has been extraordinary: not just for what was said, but for what wasn’t — Australia’s lobbying laws are almost totally ineffective.

The Senate’s reaction reflects a wider sense in the electorate that elected officials may be putting their own interests ahead of the nation’s. As a result, trust in government and its institutions has been falling.


Read more: Australia's lobbying laws are inadequate, but other countries are getting it right


Moreover, Bishop and Pyne’s example reflects an increasingly common problem, in which senior decision makers go on to lobby for the same organisations they once made decisions about. This problem — called the “revolving door” — is severely undermining efforts to regulate corruption and lobbying, and little attention has been paid to the matter by our major parties.

Lobbying’s inadequate regulation in Australia

Australia’s lobbing regulation broadly consists of two documents, the lobbying code and ministerial statement. Beyond this, the Criminal code prohibits political corruption.

The regulation requires that ex-ministers not lobby members of government, the public service or defence force on matters relating to their former portfolios, and can not take advantage of privileged information recently gained in their role as minister. This applies for 18 months after they have left their roles.

In spite of this, former foreign minister Bishop took a role at one of the government’s biggest private aid contractors, Palladium, and former defence minister Pyne took a role with consulting firm EY to help build its defence business.

When asked to about these roles, both suggested they were not breaching the lobbying code, as they would not lobby for their clients.

And the person who was responsible for oversight, head of the prime minister’s department Martin Parkinson, agreed, telling the senate that there “was no evidence” that they had breached the code.

This is telling, and rests on the belief that to be a “lobbyist”, you must be active and explicit in representing your clients’ interests to government. But it also misses the point of our revolving-door prohibition.

The philosophical basis for prohibiting a minister from taking positions like Bishop’s and Pyne’s rests on three basic problems: the potential for bias, unfair access to former colleagues or subordinates, and the insider information a decision-maker has gained from their former role.

Perhaps the biggest problem is that of bias, which Parkinson’s testimony effectively ignored. There is the potential for a decision-maker to know — or even expect — that they will be later employed by the same companies and individuals that benefit from their decisions.

There is no accusation here that any recent ministers have engaged in such a subtle form of corruption. But that is also the problem: it would be impossible to know if it had.

Our laws require an explicit quid pro quo arrangement (that is, an obvious bribe) to have existed for someone to be found in breach of them. Short of someone confessing to the matter, this is very hard to prove. The days of “brown bags of cash” are largely gone, but it’s worth thinking of how the idea of a well-paying job might be similarly corrupting.

This is why the necessary response to the problem of the revolving door is to prohibit it (sometimes for up to five years), and have an independent regulator enforce the lobbying regime.

Changing the rules of the game

Aside from its inquiry into Bishop and Pyne’s new jobs, the Senate has just passed a bill legislating for a federal Independent Commission Against Corruption (ICAC), to be called an Integrity Commissioner, to oversee lobbying regulation.


Read more: Lobbying 101: how interest groups influence politicians and the public to get what they want


This is important, as the prime minister’s department and attorney-general’s office have shown that they are unwilling to aggressively enforce the lobbying code. Since the code was adopted in 2008, there have been no recorded breaches, but this hardly reflects the absence of wrongdoing. Rather, as Parkinson inadvertently pointed out, the code is so narrowly worded that breaches are barely possible.

Beyond this, the question is what would happen if a genuine breach was discovered?

The answer is probably nothing. No part of the code sets out penalties. The most stringent punishment that could be dealt would be to deregister a lobbyist (even though many skirt this system altogether), or block a lobbyist’s access to decision-makers. Neither of these possible remedies has ever been used.

In other words, even if a national integrity commission is created, any lobbying laws it oversees would need to be dramatically improved.

Lobbying and the ‘marketplace of ideas’

There is an ideal of democracy based on the “marketplace of ideas”. In this ideal, a population hopes that ideas are heard equally and fairly, but that best ideas are the ones acted on. This is an important ideal, but it is only an ideal.

So, the challenge is to make the system as fair as possible. The current lobbying system doesn’t get close. Instead of ideas being presented to decision makers on “merit” (however defined), it is most easily accessed by those with the closest relationships to government. Consequentially, the current lobbying regime undermines Australia’s democracy.

Fixing this problem is not easy, but is doable. This requires major reform, but the path to such reform is clear – not a challenge of feasibility as much as of political will.

George Rennie does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: George Rennie, Lecturer in Politics, University of Melbourne

Read more http://theconversation.com/australias-political-lobbying-regime-is-broken-and-needs-urgent-reform-123003

Why Professional Duct Cleaning Matters for a Cleaner Indoor Environment

A ducted heating or cooling system moves air through a network of return air ducts, individual duct lines and other components. Over time...

Brisbane’s Subdivision Rush Causes Concern Around Strata Survey Delays

To increase the housing supply across Brisbane, Queensland has put sweeping legislative changes into effect. As a result, residential prop...

First Trip to the USA? Phone and Data Tips Before You Board

The first hour in an American airport can be busier than the flight. You might need to book a ride from LAX, message a hotel in Manhattan ...

Caravan Dealers in Sydney and Melbourne Report Fuel Efficiency Back as Top Selling Point

Economic pressures are mounting as fuel prices continue to fluctuate; household budgets have never been tighter. As a result, caravan dealer...

Why a Child's Foot Is Meant to Change Shape as They Grow

Most children under three have flat feet, and most develop an arch by around age six, according to the Royal Children's Hospital in Melbou...

Workplace Safety Essentials Every Australian Employer Should Know

Safety is one of those topics that sends some business owners reaching for the snooze button. It conjures images of thick policy manuals, en...

A Beginner's Guide to Australia's Favourite Asian Comfort Foods

There is a particular kind of Australian childhood memory that involves a fish and chip shop, a paper bag and a deep-fried dim sim with a ge...

Signs Your Relationship Needs More Than Just a Date Night

Date nights get a lot of credit. Book a babysitter, go somewhere nice, put the phones away and reconnect. And for plenty of couples going th...

Flooring Trends Australian Homeowners Are Loving This Year

Floors are the one part of a renovation you walk on every single day, yet they are often the last thing people think about. Paint colours ge...

Ask ChatGPT Who the Best [Your Trade] in Your Area Is. Then Ask Yourself Why It Isn't You.

Your next customer may never see your website. They'll ask an AI, get a short list of names, and pick one. Here's how to find out if you'r...

If Your Labour Hire Provider Isn't Licensed, Guess Who Else Pays the Fine?

Most business owners assume licensing is the provider's problem. In South Australia and several other states, it's theirs too. Here's how to...

Gippsland by Offroad - Victoria's Hidden Gems

New to Gippsland and want to get to know her beauty better? Off-road caravans open up parts of this region, with its stunning landscape and ...

Police Want to "Have a Quick Chat". Here's What a Defence Lawyer Wishes You Knew First.

It usually starts politely: a phone call, a card in the letterbox, an invitation to "come in and clear something up". What you do next mat...

Ever Wondered Why Cosmetic Clinics Are So Careful About What They Say Online?

No prices, no product names, no glowing influencer reviews. If cosmetic clinic marketing has ever felt a little vague, there's a good reas...

Honouring Faith and Family: Understanding Traditional Funeral Rites in Australia

Australia's funerals are as varied as its people. On a single day in any capital city, you might find a Greek Orthodox service with its open...

Instant Tan vs Gradual Tan vs Developing Tan: Which One Suits Which Occasion

Walk into the self tan aisle in any Australian pharmacy and three product categories stare back at you. Instant tan promises colour you ca...

Why Western Sydney Has Become Australia's Most Watched Commercial Property Hotspot

Drive west along the M4 or out towards Badgerys Creek and the change is hard to miss. Paddocks that sat untouched for decades are now dotted...

Planning a Festival Bar That Can Handle a Victorian Crowd

If you’ve ever worked the bar at a Victorian festival, you’ll know the weather isn’t really what gets you. The real crunch comes right aft...

From the Racetrack to the Wrist: The Sports Partnerships Behind Richard Mille

Few watchmakers have tied their identity to elite sport as closely as Richard Mille. Founded in 2001, the brand set out to apply the think...

Blocked Drains in Sydney Apartments: Who Is Responsible Under NSW Strata Law?

A blocked drain in a house is annoying but easy to understand. The pipes are on your land, so the problem is yours. In an apartment or tow...

Best HCM Software for Growing Australian Businesses

There's a clear moment in the life of a fast-growing Australian company. The spreadsheet that once tracked leave starts breaking. Onboardi...

How Does Thematic Investing Combine Convenience With Direct Ownership?

Retail investors increasingly seek ways to access long-term structural trends without the complexity of picking individual stocks. The major...

Why We Trust What Other People Already Like: Social Proof in the Age of Instagram

Long before you read a caption or inspect an image, you have already processed the number sitting underneath the post. Forty likes and 12...

Google Updates 2026: A Practical SEO Checklist for Australian Businesses

  Google updates 2026 are on the minds of businesses that rely on search to reach customers, whether they sell software, gadgets, games or ...

hacklink Herabettaraftarium24taraftarium24selcuksportstaraftarium24TrBettaraftarium24justin tvtaraftarium24vpnselçuksportsfree books downloadzlibraryzlibjustin tvvipparkCrackStreams1xbetjustin tvdizipalbets10deneme bonusu veren sitelermarsbahishttps://bahisfair-gunceladres.world/tr/jojobetdeneme bonusu veren sitelerDeneme bonusu veren sitelerDeneme bonusucasibomcasibomMultiwinvdcasinojojobettaraftarium24vipparktaraftarium24justin tvmarsbahisjojobetcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevanttaraftariumvipparkbetciovipparkholiganbetholiganbetmeritkinghacklink panelpadisahbetiptvCrackStreamsgalabet güncel girişjojobetjojobetbetparkstreameastnon gamstopBetimjustin tvcasino sitelerigrandpashabetdeneme bonusu veren siteler