Lobbyist Code of Conduct and Register

Frequently Asked Questions

The following questions and answers are intended to help lobbyists and government representatives understand their obligations under the Lobbyist Code of Conduct and the operation of the Lobbyist Register. The questions and answers do not form part of the Code itself, however they serve to illustrate the application of the Code in certain circumstances.

If you have a question that is not addressed below, please contact us by email via DPCsalobbyistregister@sa.gov.au or by calling (08) 8226 3661.

  1. Why has the Government established a Lobbyist Register? Answer

  2. What is the Lobbyist Code of Conduct and how does it relate to the Lobbyist Register? Answer

  3. What is the definition of lobbyist? Answer

  4. What is the definition of a government representative? Answer

  5. By what date will lobbyists need to be registered? Answer

  6. What does a lobbyist need to do when making an initial contact with a government official about a particular issue on behalf of a client? Answer

  7. What does a government official need to do if approached by a lobbyist? Answer

  8. Can I as a registered lobbyist lobby a government representative if I happen to run into them on the street or in some other informal context, including at a social function? Answer

  9. What if I meet a government representative at a private event (such as a lunch organised by a family friend or an event at my children's school) or at a meeting of a political party of which I am a member? Answer

  10. How do lobbyists become registered on the Lobbyist Register? Answer

  11. Will any applications for registration be refused? Answer

  12. Can a lobbyist's registration be removed? Answer

  13. Is the Lobbyist Register publicly accessible? Answer

  14. What information will be on the Lobbyist Register? Answer

  15. Who should a lobbyist nominate as the Responsible Officer in the lobbyist's application for registration? Answer

  16. How can I get further information on the Lobbyist Register or ask questions about the operation of the register or the Lobbyist Code of Conduct? Answer

1. Why has the Government established a Code of Conduct and Lobbyist Register?

The Government of South Australia recognises that free and reasonable access to Ministers of the Crown, their staff and the institutions of government is vital to our democratic process and that they can be facilitated by activities of lobbyists.

However it is legitimate to expect that lobbying activities will be carried out ethically and transparently, and that government representatives who are approached by lobbyists can establish whose interests lobbyists represent so that informed judgements can be made about the outcome lobbyists are seeking to achieve.

The Government believes it is important for both government representatives and the public to know precisely who lobbyists represent when they have dealings with government. The purpose of the Lobbyist Register is to provide information to the public, as well as to government, on whom lobbyists represent in their dealings with government. The Lobbyist Register is a public document.

2. What is the Lobbyist Code of Conduct and how does it relate to the Lobbyist Register?

The Lobbyist Code of Conduct sets out the requirements for contact between lobbyists and government representatives, and also imposes certain obligations on lobbyists in relation to ethical conduct and transparency. In particular, the Code permits government representatives to be lobbied only by lobbyists (i.e. those acting on behalf of a third party client) who have their details on the register. Government representatives including Ministers, Ministerial staff and Public servants are also required to comply with the Code.

3. What is the definition of lobbyist?

A lobbyist is defined in clause 3 of the Lobbyist Code of Conduct to mean any person, company or organisation who conducts lobbying activities on behalf of a third party client or whose employees (or contractors etc) conduct lobbying activities on behalf of a third party client.

The Code expressly excludes the following from the definition of a lobbyist:

  • Charitable, religious and other organisations or funds that are endorsed as deductible gift recipients.
  • Non-profit associations or organisations constituted to represent the interests of their members that are not endorsed as deductible gift recipients.
  • Individuals making representations on behalf of relatives or friends about their personal affairs.
  • Members of trade delegations visiting Australia.
  • Persons who are registered under an Australian Government scheme regulating the activities of members of that profession, such as registered tax agents, customs brokers, company auditors and liquidators, provided that their dealings with government representatives are part of the normal day to day work of people in that profession.
  • Members of professions, such as doctors, lawyers or accountants, and other service providers, who make occasional representations to government on behalf of others in a way that is incidental to the provision to them of their professional or other services. However, if a significant or regular part of the services offered by a person employed or engaged by a firm of lawyers, doctors, accountants or other service providers involves lobbying activities on behalf of clients of that firm, the firm and the person offering those services must register and identify the clients for whom they carry out lobbying activities, and representatives of other governments, or government agencies or inquiries
  • Persons making representation on their own behalf.

4. What is the definition of a government representative

A government representative includes:

  • a Minister
  • a Parliamentary Secretary
  • a Ministerial staff member
  • a person working for a Parliamentary Secretary
  • a person working in a public sector agency.

5. By what date will lobbyists need to be registered?

The Lobbyist Code of Conduct will come into effect on 1 December 2009.
Lobbyists not on the Lobbyist Register from 1 December 2009, will not be able to lobby government representatives until they have registered. Lobbyists can submit their applications for registration by completing the steps on the web site.

6. What does a lobbyist need to do when making an initial contact with a government representative about a particular issue on behalf of a client?

As of 1 December 2009, when making an initial contact with a government representative about a particular issue on behalf of a client, a lobbyist must:

  • identify himself or herself as a lobbyist or employee, contractor or person engaged by a lobbyist
  • confirm that he or she is currently listed on the Lobbyist Register
  • state that he or she is making contact on behalf of a client and identify the client
  • state the nature of the client's issue.

7. What does a government representative need to do if approached by a lobbyist?

The lobbyist Code of Conduct states that a government representative shall not at any time knowingly and intentionally be a party to lobbying by:

  • a Lobbyist who is not on the Lobbyist Register
  • any employee, contractor or person engaged by a lobbyist to carry out lobbying activities whose name does not appear in the lobbyist's details noted on the Lobbyist Register in connection with the lobbyist
  • any lobbyist or employee, contractor or person engaged by a lobbyist to carry out lobbying activities who, in the opinion of the government representative, has failed to observe any of the requirements of clause 4.3. a government representative shall not permit lobbying by a lobbyist or any employee, contractor or person engaged by a lobbyist to carry out lobbying activities who is not on the Lobbyist Register, or by a lobbyist or employee, contractor or person engaged by a lobbyist to carry out lobbying activities who has failed to observe any of the requirements of clause 4.3 of the Code.

Whilst the onus is placed on the Lobbyist to provide information about their status as a lobbyist prudence dictates that a government representative should ask this question if the person thought to be the lobbyist does not proffer the information.

It would also be prudent to check the South Australian Lobbyist Register to ensure that the person or company is registered and that the details are up to date.

If a lobbyist, employee, contractor or person engaged by a lobbyist to carry out lobbying activities fails to provide the information required under the Code and has not registered, a government representative must decline to have further contact with them until such time as this has been rectified.

There is no obligation to meet a lobbyist simply because the lobbyist is registered. Being on the register does not give a lobbyist a greater right of access to government representatives than any other person.

8. Can a registered lobbyist lobby a government representative if I happen to run into them on the street or in some other informal context, including at a social function?

The Code does not prevent a lobbyist from speaking to a government representative if they run into them on the street or in some other context outside of a formal meeting.

However, if a lobbyist wishes to lobby the government representative, they must comply with all the requirements of the Code.

In particular, you they declare to the government representative:

  • that they are a lobbyist or employee, contractor or person otherwise engaged by a lobbyist who is currently listed on the Lobbyist Register
  • that they  are making the contact on behalf of a third party
  • the name of the third party
  • the nature of that third party's issue (see clause 4.1).

Even if a lobbyist discharges their  obligations this does not give them  a right to lobby the government representative. It remains a decision for the government representative as to whether or not he or she will permit a lobbyist to lobby him or her on any issue.

9. What if a lobbyist meets a government representative at a private event (such as a lunch organised by a family friend or an event at my children’s school) or at a meeting of a political party of which I am a member?

The Code requires lobbyists to strictly separate their activities as a lobbyist from any personal activities or involvement on behalf of a political party. Lobbyists are not prevented from attending the lunch, event or party meeting or speaking with the government representative. If the lobbyist wishes to lobby the government representative, however, the lobbyist will need to ensure that their personal activities or involvement on behalf of a political party are strictly separated from the lobbying activities and that in other respects you comply with the requirements of the code particularly relating to registration and disclosure (see previous question).

Again, fulfilling obligations under the Code does not give a lobbyist  a right to lobby a government representative. It remains a decision for the government representative as to whether or not he or she will permit lobbying on any particular issue.

10. How do lobbyists become registered on the Lobbyist Register?

In short the lobbyist must submit certain business details for inclusion on the register. This must also be supported by a statutory declaration attesting to the accuracy of information provided and declaring the existence of certain criminal convictions. The registration may be undertaken by emailing or faxing scanned documents or by ordinary mail.
View further details of the registration process.

11. Can applications for registration be refused?

The Chief Executive of the Department of the Premier and Cabinet may at his or her discretion refuse to register a person if he or she considers that the person has not met all requirements for registration.

A lobbyist will be given reasons, and a chance to respond, a lobbyist’s registration is refused.

12. Can a lobbyist's registration be removed?

The Chief Executive of the Department of Premier and Cabinet can remove part or all of a lobbyist’s details from the Lobbyist Register if in his or her opinion:

  • any prior or current conduct of the lobbyist or the lobbyist's employee, contractor or person otherwise engaged to provide lobbying services for the lobbyist has contravened any of the terms of the Lobbyist Code of Conduct
  • any prior or current conduct of the lobbyist or association of the lobbyist with another person or organisation is considered to be inconsistent with general standards of ethical conduct
  • the registration details of the lobbyist are inaccurate
  • the lobbyist has not confirmed the lobbyist's details as required by the Code
  • there are other reasonable grounds for doing so.

13. Is the Lobbyist Register publicly accessible?

Yes. Details of the register are available on this website.

14. What information will be on the Lobbyist Register?

The register will contain the following information about lobbyists:

  • the business registration details, including the names of owners, partners or major shareholders, as applicable
  • the names and positions of persons employed, contracted or otherwise engaged by the lobbyist to carry out lobbying activities
  • the names of clients who currently retain the lobbyist or have recently been provided services by the lobbyist.

15. Who should a lobbyist nominate as the Responsible Person in the lobbyist’s application for registration?

The responsible person is the person who is responsible for completing registration on behalf of the firm and arranging and coordinating provision of the supporting documentation for employees etc, including statutory declarations.

The responsible person is a key position for communications between the Department of Premier and Cabinet and the lobbyist. These communications will include advice that an application for registration has been received, advice that registration has been approved or not approved, and other matters that might arise in connection with continuing registration.

In nominating a person as the responsible person, it is in the lobbyist’s interest to ensure that the person is at a level that he or she can deal with any communications from the Department as appropriate. In the event of a change to the responsible person, that position’s details will need to be updated on the Lobbyist Register, including the relevant email address, to ensure that the lobbyist continues to receive emails relating to the register. 

16. How can I get further information on the Lobbyist Register or ask questions about the operation of the Lobbyist Register or the Code of Conduct?

If you have any questions or comments regarding the operation of the register, believe the register contains information that is incorrect or wish to check the progress of your registration please contact the Lobbyist Register as follows.

South Australian Lobbyist Register
Cabinet Office
South Australian Department of the Premier and Cabinet
GPO Box 2343
Adelaide SA 5001

Telephone: (08) 8226 3661
Facsimile: (08) 8226 3566
Email: DPCsalobbyistregister@sa.gov.au