An unusual feature of the report that a lobbyist would be quick to point out is that it makes much of the potential for corruption and the need to manage risk, but its own inquiry did not seek to examine or in fact uncover any instances in NSW, and refers only to Western Australian, US and UK examples.
Other corruption risks cited are inadequate record keeping, involvement with political fund raising, gifts and benefits, difficulty of access, former public officials acting as lobbyists, exploitation of privileged access and payment of success fees.
• expand the class of lobbyists that are to be regulated to include all Third Party Lobbyists and Lobbying Entities (see Chapter 9)
• impose statutory regulation of Third Party Lobbyists and Lobbying Entities, including a mandatory prescribed code of conduct (see Recommendations 1 and 6, and Chapters 6 and 8)
• require Third Party Lobbyists and Lobbying Entities to register before they can lobby
a Government Representative, (see Recommendation 7, and Chapter 9)
• establish a two-panel Lobbyists Register – one for Third Party Lobbyists and one for Lobbying Entities – that requires disclosure of the month and year in which they engaged in Lobbying Activity, the identity of the government department, agency or ministry lobbied, the name of any Senior Government Representative lobbied, and, in the case of Third Party Lobbyists, the name of the client or clients for whom the lobbying occurred and the name of any entity related to the client the interests of which did derive or would have derived a benefit from a successful outcome of the lobbying (see Recommendation 7, and Chapter 9)
• enable an interested person to use the information disclosed on the proposed Lobbyists Register, in relation to the date of lobbying and who was lobbied, in order to seek access to further information from the relevant public sector agency through the various mechanisms set out in the GIPA Act (see Chapter 9)
• provide for an independent government entity, such as the NSW Information Commissioner, to maintain and monitor the Lobbyists Register, and have powers to impose sanctions on lobbyists (see Recommendation 8, and Chapter 9)
• impose restrictions on former ministers, parliamentary secretaries, their staff and senior government officers from acting as lobbyists (see Recommendation 10, and Chapter 10)
• ban lobbyist success fees (see Recommendation 11, and Chapter 10).
- the NSW Government amends the Model Code of Conduct for Local Councils, or otherwise introduces a protocol, to regulate contact between council staff and applicants for development proposals (including those acting for applicants)
- the NSW Government amends procedures for the making of applications to councils that require approval or determination to include provision for a declaration by applicants of affiliation with any council officers
- sanctions should apply to applicants who submit a false declaration.