Public Administration (Public Sector Communication) Regulations 2018 (Vic)

Version No. 001

Public Administration (Public Sector Communication) Regulations 2018

S.R. No. 143/2018

Version as at

25 September 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Public interest purposes for publication of public sector communication

5Public sector communication standards

6Public sector communication advertising standard for political party references

7Public sector communication advertising standard for promoting services, activities or infrastructure projects

8Public sector communication for the purposes of conducting an election

9Public sector communication with references to the Premier

10Public sector communication advertising requirement for purchase of media

11Secretary may exempt public sector body from advertising a public sector communication under a State purchase contract

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Public Administration (Public Sector Communication) Regulations 2018

S.R. No. 143/2018

Version as at

25 September 2018

1Objective

The objective of these Regulations is to prescribe for the purposes of Part 5A of the Public Administration Act 2004—

(a)public interest purposes for publication of public sector communication; and

(b)standards for public sector communication; and

(c)advertising standards and advertising requirements for advertising a public sector communication; and

(d)any other matters necessary to give effect to that Part.

2Authorising provision

These Regulations are made under section 112 of the Public Administration Act 2004.

3Definitions

In these Regulations—

State purchase contract means a whole of government aggregated arrangement for the procurement of certain goods or services commonly used by Victorian public sector bodies;

the Actmeans the Public Administration Act 2004;

Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002.

4Public interest purposes for publication of public sector communication

For the purposes of section 97B(2) of the Act, the following are prescribed public interest purposes—

(a)to inform the public of new, existing or proposed public sector policies or projects or Victorian legislation;

(b)to promote public safety, personal security or behavioural change;

(c)to advocate on behalf of Victoria to advance Victoria's position or interests;

(d)to promote awareness of rights, responsibilities, duties or entitlements;

(e)to encourage understanding or use of public sector products and services;

(f)to report on performance in relation to public sector undertakings;

(g)to promote social cohesion, civic pride or community spirit;

(h)to encourage public involvement in decision making by public sector bodies;

(i)to recruit staff;

(j)to promote business opportunities within the public sector;

(k)to promote commercial or economic development within Victoria;

(l)to generate revenue for public sector bodies or for Victoria through consumption of products or services delivered by or in partnership with public sector bodies.

5Public sector communication standards

(1)For the purposes of section 97C(b) of the Act, the following are prescribed public sector communication standards—

(a)the public sector communication does not refer to a political party;

(b)the public sector communication does not include a slogan, image, logo or the branding of a political party;

(c)the public sector communication does not include links to the website of—

(i)a political party; or

(ii)a candidate for election; or

(iii)a member of Parliament;

(d)the public sector communication does not denigrate without grounds individuals, groups or organisations;

(e)the public sector communication does not present statistics or comparisons in a manner that—

(i)is deliberately inaccurate; or

(ii)is deliberately misleading;

(f)the public sector communication does not present information as fact if that information is not reasonably able to be substantiated as fact;

(g)the public sector communication does not name, portray or promote members of Parliament in a manner regarded as excessive or gratuitous.

(2)Despite subregulation (1)(c)(iii), a public sector communication may include links to the social media account of a member of Parliament.

6Public sector communication advertising standard for political party references

For the purposes of section 97E of the Act, it is a prescribed advertising standard that a public sector communication does not refer to the State, the Parliament or the public sector by reference to—

(a)the name of the leader of a political party; or

(b)the name of a political party.

7Public sector communication advertising standard for promoting services, activities or infrastructure projects

For the purposes of section 97E of the Act, it is a prescribed advertising standard that a public sector communication does not directly promote services, activities or infrastructure projects for which funding for the development, commencement or delivery of those services, activities or infrastructure projects has not yet been provided.

8Public sector communication for the purposes of conducting an election

Despite regulation 5(1)(a), (b) and (c), the Victorian Electoral Commission, for the purposes of conducting an election, may publish a public sector communication that—

(a)refers to a political party; or

(b)includes a slogan, image, logo or the branding of a political party; or

(c)includes a link to the website of a political party, a candidate for election or a member of Parliament.

9Public sector communication with references to the Premier

Despite regulation 5(1)(c) and (g), a public sector body may publish a public sector communication that—

(a)includes a link to the website maintained by or on behalf of the Premier in the Premier's capacity as Premier; or

(b)names, portrays or promotes the Premier in the Premier's capacity as Premier.

10Public sector communication advertising requirement for purchase of media

(1)For the purposes of section 97E of the Act, it is a prescribed advertising requirement that media placements must be purchased under a relevant State purchase contract for media services.

(2)Despite subregulation (1), a public sector body may advertise or cause to be advertised a public sector communication under a contract other than a State purchase contract in the following circumstances—

(a)the public sector body is purchasing or causing to be purchased a form of media placement that is outside the scope of the relevant State purchase contract; or

(b)the public sector body is purchasing or causing to be purchased a form of media placement that is available as an optional or ancillary service within the relevant State purchase contract; or

(c)no relevant State purchase contract is in place; or

(d)the public sector body is exempt from advertising the public sector communication under the relevant State purchase contract in accordance with regulation 11.

11Secretary may exempt public sector body from advertising a public sector communication under a State purchase contract

(1)Subject to subregulation (2), the Secretary to the Department of Premier and Cabinet may, by notice in the Government Gazette, exempt a public sector body from advertising a public sector communication under a State purchase contract.

(2)The Secretary to the Department of Premier and Cabinet must not exempt a public sector body under subregulation (1) unless the Secretary has consulted the Secretary to the Department of Treasury and Finance.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Public Administration (Public Sector Communication) Regulations 2018, S.R. No. 143/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 112 of the Public Administration Act 2004, No. 108/2004 and came into operation on 25 September 2018.

The Public Administration (Public Sector Communication) Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Public Administration (Public Sector Communication) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.