Information for Australian Government representatives

The Australian Government Lobbying Code of Conduct (Code) imposes obligations on Australian Government representatives in relation to their interactions with lobbyists.

Who is an Australian Government representative

You are considered an Australian Government representative if you are:

• a minister or assistant minister
• an employee of a minister or an assistant minister under the Members of Parliament (Staff) Act 1984
• an agency head
• an Australian Public Service (APS) employee under the Public Service Act 1999
• an Australian Government contractor or consultant whose staff are employed under the Public Service Act 1999
• a member of the Australian Defence Force.

Your obligations

Under the Code, you must:

• make sure that you are not involved – knowingly or intentionally – in the lobbying activity of a third-party lobbyist who is not on the Australian Government Register of Lobbyists (Register) or who is representing a client (or clients) not on the Register
• report any breaches of the Code to us.

Breaches of the Code

Breaches of the Code can include:

• an unregistered lobbyist trying to lobby an Australian Government representative
• a former Australian Government representative lobbying on prohibited matters within their prohibition period
• a registered lobbyist representing a client not listed on the Register
• a registered lobbyist with incomplete or inaccurate information on the Register
• a registered lobbyist failing to uphold the Code’s principles of engagement, such as by:
  • engaging in corrupt, dishonest or illegal behaviour
  • failing to keep their lobbying separate from any involvement they may have with a political party
  • not meeting their disclosure obligations when making first contact with an Australian Government representative. 

Disclosure obligations

Under the Code, when a lobbyist makes first contact with you, they must disclose certain key pieces of information.

They must clearly communicate to you:

• they are a registered lobbyist
• the name of their registered client
• the nature of the matter their client wants them to raise
• whether they are a former Australian Government representative in their prohibition period.

If they fail to disclose any of this information, they are in violation of the principles of engagement and in breach of the Code.

Report a breach of the Code

You should immediately alert us of any suspected breaches of the Code.

To do this you can:

• submit a report a breach form
• contact the Lobbyist Register team directly.

What happens after a breach

Sanctions may apply to breaches of the Code.

Lobbyists who have breached the Code may be removed from the Register.

Lobbyists who have committed a serious breach of the Code may be prevented from registering or re-registering for up to three months.

Serious breaches of the Code include:

• engaging in unregistered lobbying
• failing to uphold the principles of engagement.

Former Australian Government representatives

You are a former Australian Government representative if you were an Australian Government representative who now:

• no longer holds public office, or
• is no longer employed by the Australian Government.

Under the Code, you may be:

• required to register as a lobbyist if you have contact with Australian Government representatives and intend to engage in lobbying activities on behalf of a third party
• prohibited from lobbying on certain matters for a specified period after leaving office or ceasing employment with the Australian Government. 

Lobbying prohibitions

If you are a former Australian Government representative who has retired from office as a:

• minister, or
• assistant minister

you are prohibited from engaging in lobbying activities relating to any matter that you had official dealings with in your last 18 months in office, for a period of 18 months after you leave office.

If you are a former Australian Government representative who was:

• employed in the office of a minister or assistant minister under the Members of Parliament (Staff) Act 1984 at the level of adviser or above
• an agency head
• an Australian Public Service (APS) employee under the Public Service Act 1999 in the Senior Executive Service (or equivalent), or
• a member of the Australian Defence Force at the level of colonel or above (or equivalent)

you are prohibited from engaging in lobbying activities relating to any matter that you had official dealings with in your last 12 months of employment, for a period of 12 months after ending your employment.

These prohibitions are intended to balance the benefits of individuals moving between positions in the public and private sector against the integrity risks that may arise, such as potential conflicts of interest.

Find out more, including about the general obligations of lobbyists, on the Information for lobbyists page.

Checklist for government representatives engaging with lobbyists

Use this checklist as a guide to help you respond to any phone calls or meeting requests you might receive from a potential lobbyist. This will help make sure you meet your obligations under the Code.

Before agreeing to any communication with a lobbyist, check the Register of Lobbyists to make sure that the lobbyist and client details you have been given are listed on the Register. The Register is continuously updated, and it is important to check regularly.