Clause 3.3 of the Lobbyists Code says lobbying activity means any contact with a government representative in an effort to influence government decision-making.
For example, decisions relating to:
Lobbying activity is conducted by:
You may fall into this ‘other’ category if you occasionally contact government representatives in an effort to influence government decisions.
Although you're not required to be registered on the Victorian Register of Lobbyists, restrictions apply to lobbying activity due to your position as a public board director.
Lobbying activity doesn’t include all activities, such as:
For example, it’s not lobbying activity if you:
As a board director, you must work in the best interests of your public entity.
As part of your board duties, you may need to meet with government representatives (including ministers and members of parliament) to advocate for and discuss how your public entity operates.
When doing this as a board director, you’re also acting as a government representative. Therefore, it isn’t ‘lobbying activity’ under the Lobbyist Code and you’re not restricted from doing this as part of your board role.
The Directors Code sets out your integrity obligations.
As a board director, you must:
You must also comply with the obligations in the Directors Code about conflicts of interest (item 3.12):
In addition, item 3.13 of the code imposes extra conflict of interest obligations on current or previous lobbying activities.
Under item 3.12 of the Directors Code, your usual conflict of interest obligations apply.
Item 3.13 includes an extra requirement relating to conflicts of interest:
This applies whether you were engaged in the lobbying activity:
At the start of a meeting, you must declare if the board’s meeting agenda relates to any lobbying activity you were previously engaged in.
If a board director declares they were previously engaged in lobbying activity, the board must assess whether this is an ongoing conflict of interest.
If it is a conflict of interest, the board must determine a strategy to manage the conflict as set out in the board’s policy.
The board must record the declaration and outcome in the meeting’s minutes.
Your usual conflict of interest obligations under item 3.12 of the Directors Code apply.
Due to the high risk of conflict of interest in lobbying activity by directors, item 3.13 includes an extra conflict of interest requirement that:
If you believe you’re engaged in lobbying activity that may relate to the functions of your organisation, you must declare this to your board as soon as practicable.
A board should ask the questions listed for each of these steps to determine the best course of action.
Following a declaration the board should determine if the activity meets the definition of ‘lobbying activity’ in clause 3.3 of the Lobbyist Code.
Lobbying activity means any contact with a government representative in an effort to influence government decision-making. It is conducted by:
Lobbying activity doesn’t include all activities, such as:
These exclusions may be relevant for public entities who have appointed board members based on their specialist or technical expertise and/or lived experience.
If it’s not lobbying activity, the board will need to:
If it is lobbying activity, the board must assess if it relates to the public entity’s functions.
The board should assess this by:
The board may want to consider:
If the lobbying activity relates to the public entity’s functions, the board will need to:
If the lobbying activity is unrelated or only indirectly related to the public entity’s functions, the board will need to:
If you’re considering undertaking an activity and are unsure if it would be lobbying activity that relates to the public entity’s functions, ask your board for advice.
A board should ask the questions listed for each of these steps to provide the director with appropriate advice.
Following a request for advice, the board should determine if the proposed activity meets the definition of lobbying activity in clause 3.3 of the Lobbyist Code.
Lobbying activity means any contact with a government representative in an effort to influence government decision-making. It is conducted by:
Lobbying activity doesn’t include all activities, such as:
These exclusions may be relevant for public entities who have appointed board members based on their specialist or technical expertise and/or lived experience.
If it’s not lobbying activity, the board will need to:
If it is lobbying activity, the board must assess if it relates to the public entity’s functions.
The board should assess this by:
The board may want to consider:
If the proposed lobbying activity relates to the public entity’s functions, the board will need to:
If the proposed lobbying activity is unrelated or only indirectly related to the public entity’s functions, the board will need to:
If you represent your board on a peak body, your actions in representing your public entity form part of your duties as a director of the public entity. This means your actions on the peak body aren’t ‘lobbying activity’ under item 3.13 of the Directors Code.
In representing your public entity on the peak body, you must always act in good faith in the best interests of your public entity (item 3.5).
For example, if the peak body proposes a decision that isn’t in the best interests of your public entity:
If you sit on another public, private or not-for-profit board, you have a duty to another organisation. This is a private interest that may raise a conflict of interest.
As a public entity board director, you must avoid conflicts of interest where possible.
If a conflict occurs, you must declare the conflict to your public entity board as soon as practicable.
The board will determine how to manage the conflict in the public interest as per item 3.12 of the Directors Code and the board’s conflict of interest policy.
When sitting on the board of another organisation, you must also ensure you comply with the extra conflict of interest obligation in item 3.13 of the Directors Code.
Before engaging in lobbying activity that may relate to the functions of your public entity, check with your public entity board.
This is because you must not engage in lobbying activity that relates to your public entity.
You must declare the matter to the board as soon as practicable. Your board will determine what actions to take after you declare current lobbying.
For more information, read:
If you’re unsure if other work you or are involved in is considered lobbying activity, you should:
If you need more advice after this, email the Victorian Public Sector Commission at [email protected].