Charter of Political Honesty Bill 2000
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Table of Contents
EXECUTIVE SUMMARY
Introduction
The Charter of Political Honesty Bill 2000 [2002]-Part 3, Ministerial
and Parliamentary Ethics
Formulating a code of conduct
Enforcement mechanisms
The Auditor of Parliamentary Allowances and Entitlements Bill 2000 [No.
2]
The Electoral Amendment (Political Honesty) Bill 2000 [2002]
Part 2 of the Charter of Political Honesty Bill 2000 [2002] and the Government
Advertising (Objectivity, Fairness and Accountability) Bill 2000
Summary on the proposed legislation to regulate government advertising
RECOMMENDATIONS
CHAPTER ONE
THE COMMITTEE'S INQUIRY
Establishment of the inquiry
Conduct of the inquiry
Structure of the report
Acknowledgments
PART I
THE DEVELOPMENT OF ETHICS REGIMES OVERSEAS AND IN AUSTRALIA
CHAPTER TWO
BACKGROUND TO THE BILLS
Introduction
The political context-a disenchanted electorate
Ethics regimes in other countries
The American model
The Canadian model
The United Kingdom model
Overview of overseas models
Ethics regulation in Australia-State precedents
Federal ethics developments
Joint Committee on Pecuniary Interests of Members of Parliament-1975
The Bowen Report 1979-a 'major revolution'
A registration of interest
The Framework for Ethical Principles for Members and Senators-1995
Prime Minister's Guide on Key Elements of Ministerial Responsibility-1996
PART II
MINISTERIAL AND PARLIAMENTARY ETHICS
CHAPTER THREE
CHARTER OF POLITICAL HONESTY BILL-PART 3 MINISTERIAL AND PARLIAMENTARY
ETHICS
Introduction
Overview of Part 3 the Bill
Parliamentary Joint Committee on a Code of Conduct for Ministers and
Other Members of Parliament-its establishment and composition
Committee view-the parliamentary joint committee to frame a code of
conduct
Contents of the code of conduct
Committee view-the content of the code of conduct
The Commissioner for Ministerial and Parliamentary Ethics
Education and advice
Committee view-education and advisory role of the Commissioner
Investigation and reporting
Committee view-investigation and reporting
Independence of the Commissioner-appointment and dismissal
Committee view-the independence of the Commissioner
Removal from Office
The Commissioner-independent and impartial but an outsider
Committee view-who should pass judgement on breaches of the code of
conduct
Conflict of roles
Committee view-conflicting roles: advising and investigating
Review or appeal provisions
Code of conduct for ministers
Establishing a ministerial code of conduct
Committee view-code of conduct for ministers
Education and advice 43
Committee view-prior advice for ministers
Investigating and reporting breaches of the code of conduct
Appointments by ministers
Appointments by ministers-a code of practice
Committee view-clarifying the term ministerial appointment
The contents of a code of practice for appointments by ministers
The code of practice as part of an integrated ethics regime for ministers
Committee view-the code of practice for making appointments by ministers
Code of conduct and government advertising as separate legislation
Committee view-government advertising, Part 2 of the Bill
Miscellaneous matters
Conclusions and recommendations
Overview
Mechanisms for formulating a code of conduct
Enforcement mechanisms
CHAPTER FOUR
THE AUDITOR OF PARLIAMENTARY ALLOWANCES AND ENTITLEMENTS BILL
Introduction
Parliamentarians' remuneration-entitlements and allowances
Misuse of entitlements
Auditing
Views on the Bill
The Auditor of Parliamentary Allowances and Entitlements
Committee views-independence of the Auditor
Other concerns about the Auditor
Committee views-other concerns about the Auditor
The role of the Auditor
Conflict between advisory and investigative roles
Committee view-the role of the Auditor
Entry and search provisions
Committee view-entry and search provisions
Adequacy of review mechanisms
Committee view-the right of review
Auditor or ethics standard bearer
Committee view-auditing or ethics keeping
Penalties
Ministerial entitlements and allowances under the Bill
Committee view-auditing the use of ministerial entitlements
Is a new auditor necessary?
Committee view-the need for an auditor dedicated solely to scrutinise
the use parliamentary entitlements
Other options 71
Committee view-alternatives to the creation of a new Auditor 73
Conclusions and recommendations 74
PART III
ELECTORAL AND GOVERNMENT ADVERTISING
Electoral advertising
Government advertising
CHAPTER FIVE
TRUTH IN ELECTORAL ADVERTISING
Introduction
Current regulation of federal electoral advertising
Previous consideration of truth in electoral advertising
Previous amendments to the Electoral Act
Subsequent Commonwealth parliamentary inquiries
The Trade Practices Act model
Constitutional constraints on the regulation of political advertising
The South Australian model
Evidence to this inquiry
Is greater control of electoral and political advertising necessary?
Is legislation the best approach?
Enforcement through the courts
The South Australian experience
The proposed role of the Australian Electoral Commissioner
The AEC's proposal for an independent body
Conclusions and recommendations
Other issues
The definition of material to be prohibited under the Bill
Reversal of the onus of proof
Appropriateness of penalties
Orders to publishers
Headings to electoral advertisements
Other matters
CHAPTER 6
GOVERNMENT ADVERTISING
Introduction
Background
Current regulation of government advertising
Legislation
Advice to government on advertising
The aims of the bills
The Charter of Political Honesty Bill 2000 [2002]
The Government Advertising (Objectivity, Fairness and Accountability)
Bill 2000
Previous proposals for change
The ANAO's proposals
The content of the ANAO's suggested principles and guidelines
The Joint Committee of Public Accounts and Audit
Other jurisdictions
Is legislation to regulate government advertising feasible?
Evidence on the Charter of Political Honesty Bill 2000 [2002]
Lack of precision in the guidelines
Difficulty in determining whether campaign objectives are legitimate
Implications for the office of the Auditor-General and the Ombudsman
Enforcement of committee directions by the courts
Lack of due process, including review of committee decisions
Structure of the Bill
Alternatives to the committee model
Parliamentary committee
Pre-clearance of government advertising
Evidence on the Government Advertising (Objectivity, Fairness and Accountability)
Bill 2000
Conclusions and recommendations
ALP MINORITY REPORT
ADDITIONAL COMMENTS AND POINTS OF DISSENT, BY SENATOR FAULKNER AND
SENATOR FORSHAW (
PDF Format)
AUSTRALIAN DEMOCRATS' MINORITY REPORT
ADDITIONAL COMMENTS BY SENATOR ANDREW MURRAY ON BEHALF OF THE AUSTRALIAN
DEMOCRATS (
PDF Format)
APPENDIX 1 - LIST OF SUBMISSIONS
APPENDIX 2 - PUBLIC HEARING
APPENDIX 3 - CODE OF CONDUCT (BOWEN REPORT)
APPENDIX 4 - A FRAMEWORK OF ETHICAL PRINCIPLES FOR
MEMBERS AND SENATORS
APPENDIX 5 - THE CHARTER OF POLITICAL HONESTY BILL
2000 [2002]: SCHEDULE 1-GUIDELINES FOR GOVERNMENT ADVERTISING CAMPAIGNS
APPENDIX 6 - THE GOVERNMENT ADVERTISING (OBJECTIVITY
FAIRNESS AND ACCOUNTABILITY) BILL 2000: SCHEDULE 1-PRINCIPLES AND GUIDELINES
FOR THE USE OF GOVERNMENT ADVERTISING
SCHEDULE 1
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