Untitled document

Public Administration Amendment (Public Sector Communication Standards) Act 2017

No. 39 of 2017

table of provisions

Section  Page

1Purpose

2Commencement

3Objects

4Definitions

5New Part 5A inserted

6Regulations

7Repeal of amending Act

═══════════════

Endnotes

1      General information

Public Administration Amendment (Public Sector Communication Standards) Act 2017

No. 39 of 2017

[Assented to 29 August 2017]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Public Administration Act 2004 to provide for a legislative framework for governance of communication and advertising by public sector bodies.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30 November 2017, it comes into operation on that day.

3Objects

(1)In section 3(h) of the Public Administration Act 2004, for "community." substitute "community;".

(2)After section 3(h) of the Public Administration Act 2004 insert—

"(i)to establish standards and impose requirements for communication and advertising by public sector bodies.".

4Definitions

In section 4(1) of the Public Administration Act 2004 insert the following definitions—

"advertise means publish by the purchase of media placement;

candidate has the same meaning as in section 3 of the Electoral Act 2002;

election has the same meaning as in section 3 of the Electoral Act 2002;

political party has the same meaning as in section 3 of the Electoral Act 2002;

public sector communication means any information, material or message published by or on behalf of a public sector body;

publishmeans disseminate to the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)electronic communication;".

5New Part 5A inserted

After Part 5 of the Public Administration Act 2004 insert—

"Part 5A—Communication and advertising by public sector bodies

97AObjects of this Part

The objects of this Part are—

(a)to establish standards to ensure that public sector communication is in the public interest; and

(b)to ensure that public sector communication is not party political; and

(c)to provide for specific standards for public sector communication advertised on television.

97BPurpose for publication of public sector communication to be in public interest

(1)A public sector body that publishes or causes to be published a public sector communication must ensure that publication is in the public interest.

(2)Without limiting subsection (1), the regulations may prescribe public interest purposes for the purposes of this section.

97CPublic sector communication standards

A public sector body that publishes or causes to be published a public sector communication must ensure that the public sector communication—

(a)is not designed or intended to directly or indirectly influence public sentiment for or against—

(i)a political party; or

(ii)a candidate for election; or

(iii)a member of Parliament; or

(iv)the current Government of the State; or

(v)the current Government of the Commonwealth; and

(b)is otherwise in accordance with the prescribed public sector communication standards (if any).

97DAdvertising public sector communication on television

(1)A public sector body that advertises or causes to be advertised a public sector communication on television must ensure that the purpose of the public sector communication is one of the following—

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

(b)to promote social cohesion, civic pride or community spirit within the general public;

(c)to promote commercial or economic development within the State;

(d)to generate revenue for public sector bodies or for the State through consumption of products or services delivered by or in partnership with public sector bodies;

(e)to promote compliance with legislative requirements.

(2)In addition to the requirements of subsection (1), a public sector body that advertises or causes to be advertised a public sector communication on television must do so in accordance with any applicable standards and requirements under section 97E.

97EAdvertising standards and advertising requirements for public sector communication generally

A public sector body that advertises or causes to be advertised a public sector communication must do so in accordance with the prescribed advertising standards or prescribed advertising requirements (if any).

Examples

Purchasing a placement in a newspaper for printing a public sector communication or purchasing a placement on the radio for the broadcast of a public sector communication.".

6Regulations

(1)After section 112(1) of the Public Administration Act 2004 insert—

"(1A)Without limiting subsection (1), the Governor in Council may make regulations for or with respect to any matter or thing required or permitted by Part 5A of this Act, including but not limited to—

(a)prescribing or regulating public interest purposes for which a public sector body may publish public sector communications;

(b)prescribing or regulating standards for public sector communications published by or on behalf of a public sector body;

(c)prescribing or regulating advertising standards and advertising requirements for the publication of public sector communications by or on behalf of a public sector body.

(1B)Regulations made under subsection (1A) may be disallowed in whole or in part by the Parliament.".

(2)In section 112(2)(b) of the Public Administration Act 2004, for "as respects" substitute "in respect of".

7Repeal of amending Act

This Act is repealed on 30 November 2018.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 13 April 2016

Legislative Council: 13 September 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Public Administration Act 2004 to provide for a legislative framework for governance of communication and advertising by public sector bodies and for other purposes."