Chapter 2
OVERVIEW OF THE GUIDELINES ON CAMPAIGN ADVERTISING
2.1
This chapter provides an overview of the 2008 Guidelines on Campaign
Advertising by Australian Government Departments and Agencies, the 2010 independent
review of the guidelines, and the changes to the guidelines announced in March
2010.
2008 Guidelines on Campaign Advertising
2.2
Prior to the November 2007 Federal election, government advertising and
information activities were coordinated by the Special Minister of State, who
chaired the Ministerial Committee on Government Communications (MCGC). The MCGC
approved the design and implementation of major and sensitive advertising and
information campaigns.[1]
2.3
On 2 July 2008, the current Government released new advertising
guidelines to govern the content and presentation of Commonwealth Government
campaign advertising. The Guidelines on Campaign Advertising by Australian
Government Departments and Agencies (the 2008 guidelines), were based on
those developed in 1998 by the Auditor-General which were later refined in a
Joint Committee of Public Accounts and Audit (JCPAA) report of 2000. For the
first time, government advertising on party lines was explicitly banned.
2.4
In line with the recommendations of the Senate Finance and Public
Administration Committee's 2005 report on government advertising and
accountability, the 2008 guidelines required that campaigns with expenditure in
excess of $250 000 (or other campaigns if requested by a minister) be
reviewed by the Auditor-General before approval.
2.5
Under the guidelines, each advertising campaign had to be certified by
the chief executive of the commissioning department or agency, and major
campaigns had to be reviewed by the Auditor-General before the campaign was
allowed to progress.[2]
2.6
Agencies subject to the Financial Management and Accountability Act
1997 (the FMA Act) were required to comply with the guidelines which
required that:
- the chief executive of the agency undertaking the campaign has
certified that it complies with the guidelines and relevant government
policies; and
-
for campaigns with expenditure in excess of $250 000, the
Auditor-General provided a report to the minister on the proposed campaign's compliance
with the guidelines.
2.7
There were five guidelines, prefaced by a number of overarching
principles and underpinned by supporting statements. The 2008 guidelines stated
that:
1. campaign material should be relevant to government responsibilities;
2. campaign material should be presented in an objective, fair and
accessible manner;
3.
campaign material should not be directed at promoting party political
interests;
4.
campaign material should be produced and distributed in an efficient,
effective and relevant manner, with due regard to accountability; and
5.
advertising must comply with legal requirements.[3]
2.8
The Special Minister of State, Senator the Hon Joe Ludwig, commented
during the 2010–11 Budget estimates:
I think the salient points are that before the last election
we promised to cut the expenditure on government advertising, which we did
significantly, and introduce new and higher accountability and transparency
standards, which we have. We have a strong record in doing just that. We have introduced
tough guidelines which banned political advertising, removed the ministers
oversight of the framework, increased the reporting requirements and
significantly reduced the cost.[4]
2.9
When approving the guidelines, the Government also agreed to review
their arrangements in relation to the initiation, development and
implementation of government advertising campaigns before July 2010. An independent
review was subsequently commission by the Department of the Prime Minister and
Cabinet and Department of Finance and Deregulation. Dr Allan Hawke was
appointed on 27 January 2010 to conduct the review.[5]
Independent Review of Government Advertising Arrangements
2.10
The terms of reference of the Independent Review of Government
Advertising Arrangements (the Hawke review) included consideration of the
effectiveness of the current Government arrangements for government advertising
including the role of the Auditor-General in reviewing proposed advertising
material.
2.11
Dr Hawke was responsible for considering the effectiveness and
efficiency of the current approval process for proposed advertising campaigns,
including the administrative effort, timeframes and cost of current approval
processes as well as the adaptability of the guidelines and associated
arrangements to emerging issues.[6]
2.12
The Hawke review published its report on 26 February 2010. The eight findings
of the review focused on concerns including the need for greater clarification
in relation to definitions to assist in streamlining arrangements; greater
flexibility to enable departments to deliver communications flexibly; and, the
current governance arrangements which 'place the Auditor-General in a very
difficult position in respect of conflict of interest'.[7]
2.13
The Hawke review provided eight recommendations to the Government
including the:
- simplification and clarification of the guidelines to ensure
appropriate checks and balances and revision of the threshold upwards to $3.5
million;
- consideration of amendments to the guidelines be undertaken by a
new review body;
- abolition of the Auditor-General's role in reviewing proposed advertising
campaigns before their launch with the Auditor-General requested to conduct a
performance audit on at least one campaign a year or the administration of the
campaign advertising framework;
- establishment of an Independent Government Communications Unit or
Inter-Departmental Committee on Communications to oversee operation of the
guidelines to ensure compliance;
- establishment of a Strategic Communications Unit in the
Department of the Prime Minister and Cabinet (PM&C) to provide
whole-of-government professional communications policy advice and expertise to
agencies;
- adoption of a number of reporting, accountability and
transparency mechanisms including a request that the Auditor-General undertake
a performance audit on at least one campaign a year, or the administration of
the campaign advertising framework, and report to the Parliament;
- details of the transfer of functions and funding to be settled on
a cost neutral basis between PM&C and the Department of Finance and
Deregulation; and
- timing and handling of the proposed changes to the guidelines and
governance framework to be settled between the Prime Minister, Minister for
Finance and Deregulation, and the Cabinet Secretary.[8]
2.14
The Hawke review proposed that the role of the Auditor-General revert to
'traditional areas of performance audit and review of government advertising
campaigns'.[9]
Dr Hawke offering two models of an alternative review mechanism to that of the
Auditor-General for consideration:
In both models, Secretaries and CEOs would be responsible and
accountable for decisions in relation to advertising campaigns, informed by the
independent advice of an external review body on compliance with relevant
aspects of the Guidelines. One model would establish an Independent Government
Communications Committee (IGCC) of independent and reputable individuals (e.g.
former senior public servants) with responsibility to oversee the operation of
the Guidelines, review campaign development and advise chief executives on
compliance with the Guidelines. Under this model, the existing
Interdepartmental Committee on Communications (IDCC) would be abolished.
The second model would retain the IDCC, but it would be
chaired by an independent person.[10]
2.15
The Hawke review stated that either of the proposed models would ensure
that responsibility and accountability for campaigns would lie with chief
executive officers (CEOs) and that in combination with a revision of the
guidelines, the proposed arrangements would 'closely align with the directions
of the Blueprint for the Reform of Australian Government Administration in
relation to the responsibilities of Secretaries and the need to reduce internal
red tape'.[11]
Recommendation 4 stated that the proposed body would be responsible for:
(a)
overseeing the operation of the Guidelines to ensure compliance with
their integrity and spirit;
(b)
providing advice to chief executives on compliance of proposed
advertising activities with relevant aspects of the Guidelines, noting that
there will be a degree of reliance on external expert advice;
(c)
providing publicly an assessment of a campaign’s compliance with
relevant aspects of the Guidelines;
(d)
reporting on activities undertaken under the Guidelines, including any
trends or emerging issues; and
(e)
considering and proposing revisions to the Guidelines as necessary in
light of experience.[12]
2.16
In terms of the role of the ANAO, the Hawke review recommended
(Recommendation 6(g)) that the ANAO undertake a performance audit on at least
one campaign a year, or the administration of campaign advertising framework,
and report its findings to Parliament.[13]
2010 Changes to the Guidelines on Campaign Advertising
2.17
On 31 March 2010 the Government announced changes to the 2008 guidelines
in response to recommendations of the Hawke review. The changes reflected the
Government's outright support for six of the Hawke review recommendations and
support for parts of two recommendations. The Government did not support Recommendation
5 regarding the establishment of a Strategic Communications Unit in PM&C,
noting that the Communications Advice Branch in the Department of Finance and
Deregulation currently provides the same functions.[14]
2.18
The primary changes to the 2008 framework announced by the Government on
31 March 2010 included:
- replacing the 2008 guidelines with a revised set of guidelines;
- establishing an Independent Communications Committee (ICC) to
replace the role of the Auditor-General, to review proposed advertising
campaigns over $250 000;
-
a proposal that government request the Auditor-General to
consider annual performance audits in this area; and
- abolition of the role of the Interdepartmental Committee on
Communications (IDCC) in reviewing campaigns from a whole-of-government
perspective.[15]
Independent Communications
Committee
2.19
The Independent Communications Committee (ICC) was established to take
over the role of reviewing compliance with the guidelines previously undertaken
by the Auditor-General.[16]
2.20
Whilst the Hawke review had recommended (Recommendation 1(d)) that the
threshold for chief executive certificates and independent review of proposed
campaigns be revised upwards, the Government maintained the $250 000
threshold contained in the 2008 guidelines.[17]
Under the new guidelines, therefore, the ICC is now responsible to review all
government advertising campaigns over $250 000.
2.21
The ICC is responsible for considering proposed advertising campaigns
for compliance with Principles 1 to 4 of the 2010 guidelines. The ICC is to
provide a report on those considerations to the agency chief executive. The chief
executive is then responsible for certifying that the campaign complies with
the 2010 guidelines in full. This certification will be provided to the
minister who may decide to launch the campaign. Under the 2010 changes, the
ICC's report and the chief executive's certification are made publicly
available via websites following the launch of the relevant campaign.[18]
Exemptions
2.22
Guideline 5, regarding exemptions, was also amended. Whereas the 2008
guidelines stated that campaigns can be exempted on the basis of a 'national
emergency, extreme urgency or other extraordinary reasons the Cabinet Secretary
considers appropriate', the 2010 guidelines state rather that:
The Cabinet Secretary can exempt a campaign from compliance
with these Guidelines on the basis of a national emergency, extreme urgency or
other compelling reason.[19]
Navigation: Previous Page | Contents | Next Page