Loophole already found in ACT lobbyist register

If lobbyists want to avoid registering, all they need to do is become a non-voting director of the company they're speaking for, says Peter Conway, whose company is the Canberra Institute.

Mr Conway said this is something he has done on previous occasions, speaking for hotels seeking lease variations and for other projects. The same loophole exists for the Commonwealth lobbyists' register. Mr Conway said he has not exploited the loophole for any underhand reasons or to avoid declaring who he is lobbying for, but because it is a more straightforward way of representing a company without having to get written authorisation every time a meeting is attended.

He understood why the ACT Government had introduced a lobbyist register, given the corruption revelations in NSW, and he was happy to comply and tell people who he was speaking for, he said. But he questioned the disparity between the big companies who employed people directly in their government relations sections, who did not need to register, and the treatment of lobbyists.

"I just find you go to the same meetings on some of the big economic development proposals the ACT Government's got at the moment and I would have to say I'm here representing X and make statements of disclosure, where sitting right next to me could be the government relations officer for Telstra or the NBN who are wanting the same information, the same corporate knowledge, and don't have to register," he said.

"It's one of these things that's fine in principle but can get a bit convoluted at times."

The ACT Assembly adopted a far-reaching register for lobbyists at the end of September. By January 1, all lobbyists must be registered if they want to approach a politician, a political staffer or a public servant. Canberra's scheme goes further than other jurisdictions in that it applies to the Opposition and government backbenchers, as well as ministers. It also applies to the entire public service.

A lobbyist is defined as anyone who lobbies (for financial reward) on behalf of a third party. Lobbying is defined as any communication with a public official to influence decisions. It doesn't apply to people making submissions to an Assembly committee, raising issues with their local Assembly Member, taking part in a grassroots campaign or public forum, and does not apply to people protected by whistleblower laws. Nor does it apply to churches, charities, non-profit groups such as trade unions and industry associations, and people who are simply representing the personal affairs of a friend of relative.

Lobbyists must register their name, contacts, past lobbying activities and other details with the register, and are not eligible to be registered if they have been convicted of certain offences, including dishonesty. Members of political parties are also not eligible. Lobbyists must agree to a code of conduct, update their details every three months, and can be deregistered for breaches. Former politicians have an 18-month exclusion time before they can lobby on issues their dealt with in office.