Public Administration Amendment (Public Sector Communication Standards) Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Objects 2 4 Definitions 2 5 New Part 5A inserted 3 6 Regulations 6 7 Repeal of amending Act 6 ═══════════════ Endnotes 7 1 General information 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Public Administration Amendment (Public Sector Communication Standards) Act 2017 † No. 39 of 2017 [Assented to 29 August 2017] The Parliament of Victoria enacts: 1 Purpose 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. Victoria -- 2 of 8 -- Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 2 Authorised by the Chief Parliamentary Counsel 2 Commencement (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. 3 Objects (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.". 4 Definitions 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; -- 3 of 8 -- Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 3 Authorised by the Chief Parliamentary Counsel publish means 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;". 5 New Part 5A inserted After Part 5 of the Public Administration Act 2004 insert— "Part 5A—Communication and advertising by public sector bodies 97A Objects 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. 97B Purpose 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. -- 4 of 8 -- Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 4 Authorised by the Chief Parliamentary Counsel (2) Without limiting subsection (1), the regulations may prescribe public interest purposes for the purposes of this section. 97C Public 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). 97D Advertising 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; -- 5 of 8 -- Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 5 Authorised by the Chief Parliamentary Counsel (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. 97E Advertising 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.". -- 6 of 8 -- Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 6 Authorised by the Chief Parliamentary Counsel 6 Regulations (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". 7 Repeal 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). ═══════════════ -- 7 of 8 -- Endnotes Public Administration Amendment (Public Sector Communication Standards) Act 2017 No. 39 of 2017 7 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au 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." -- 8 of 8 --