Australian Capital Territory
Government Agencies (Campaign Advertising) Guidelines 2010 (No 1)*
Disallowable instrument DI2010–134
made under the  
Government Agencies (Campaign Advertising) Act 2009

1	Name of instrument
This instrument is the Government Agencies (Campaign Advertising) Guidelines 2010 (No 1).
2	Commencement 
This instrument commences on 1 July 2010 

Jon Stanhope
Chief Minister

Date:       21 June 2010

Government Agencies (Campaign Advertising) Guidelines 2010 (No 1)
Disallowable instrument DI2010–134
made under the  
Government Agencies (Campaign Advertising) Act 2009

Table of Contents

Introduction 									3

General Principles 								3

Definition of Government Campaign Advertising 				4

Guidelines for Campaign Advertising and Promotion			6

Guideline 1 - Relevance of campaign material 					6

Guideline 2 - Presenting campaign material in an objective, 
fair and accessible manner								6

Guideline 3 – Material should not be directed at promoting party 
political Interests									7

Guideline 4 – Avoiding the misuse of public funds				8

Guideline 5 – Complying with legal requirements				8

Guideline 6 –Advertising campaigns in pre-election period			9

The Review Framework 								10
Introduction

1.	Governments use public funds for information programs and education campaigns to explain government policies, programs and services which affect their entitlements, rights and obligations. Appropriate advertising and promotion is an integral part of the communication activities undertaken by Government Agencies. 

2.	These Guidelines provide guidance on the implementation of the Government Agencies (Campaign Advertising) Act 2009 (the Act). They provide the basic principles that should be observed by all ACT Government Departments, Agencies and Territory-Owned Corporations in the planning, development and delivery of Government advertising and promotion, as stipulated by the Act.

3.	ACT Government advertising and promotion campaigns with expenditure in excess of $40,000 must be reviewed by an independent expert, the Campaign Advertising Reviewer (the Reviewer) who will table a report bi-annually to the Legislative Assembly on the proposed campaigns’ compliance with these Guidelines.  

4.	A Minister or Chief Executive responsible for a campaign with expenditure of $40,000 or less may ask the Reviewer to review that campaign’s compliance with these Guidelines where the campaign is of a sensitive nature or the Minister or Chief Executive considers that such a review is appropriate.

5.	The Chief Minister’s Department, as the central agency, is responsible for the application and operation of these Guidelines and for providing advice and a framework to departments and agencies which may be considering conducting advertising and promotion campaigns.
General Principles 

6.	The use of public funds for ACT Government communications (advertising and promotion) should be governed by the principles that:

(a) 	all ACT residents have the right to access information about government policies, programs and services; 

(b) 	public funds may legitimately be used for information programs, education campaigns and community consultation that seeks feedback, or to explain the Government’s policies, programs or services which affect ACT residents’ entitlements, rights and obligations;

(c) 	ACT Government advertising and promotion should not be conducted for party political purposes.  Something is ‘party political’ if it is designed to promote, advance or enhance a political party’s reputation, rather than informing the public;

(d) 	the ACT Government has responsibility for ensuring information in all its communications is objective, fair and accessible;

(e) 	communications material should be produced and distributed in an efficient, effective and accountable manner with due regard to maximising community access;

(f) 	the ACT Government and Authorities must act in accordance with the Guidelines;

(g)	an individual agency is responsible for developing advertising and promotion campaigns which are within its areas of responsibility;

(h)	ACT Government advertising and promotion campaigns must comply with all legal requirements; and 

(i)	the use of ACT public servants in advertising campaigns is permissible on the signing of a release by the public servant whose image and/or voice appears, and must include the relevant departmental Chief Executive’s approval.

Definition of Government Campaign Advertising

7.	The subject matter of material to be communicated to the public in ACT Government advertising  and promotion campaigns should be directly related to the ACT Government’s responsibilities. 

8.	Only policies or programs underpinned by legislative authority, appropriation of the Legislative Assembly or a Cabinet decision which is intended to be implemented should be the subject of an advertising campaign.

9.	Public funds may be used for ACT Government advertising  and promotion campaigns in the pursuit of any of the following objectives: 

(a)	to maximise compliance with the law;

(b)	to inform the community of new, existing, changed or proposed legislation, policies, programs and services;

(c)	to raise awareness of a planned or new initiative or event;

(d)	to initiate community consultation;

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

(f)	to encourage social cohesion, civic pride, community spirit, tolerance, or to inform the community about a public policy outcome.

10.	For the purpose of these Guidelines, ACT Government campaigns not subject to review as required by the Act include:

(a)	jobs advertising;

(b)	tender advertising; 

(c)	public health or safety campaigns, eg. road safety programs;

(d)	campaigns that assist in the preservation of order in the event of an emergency or crisis;

(e)	campaigns that help ensure public safety, personal security or that encourage responsible behaviour;

(f)	campaigns that promote the ACT as a tourist destination; and

(g)	routine advertising carried out by agencies in relation to their operational activities.

11.	Advertising and promotion campaigns that cost under $40,000 also do not need to be reviewed, though they can be at the request of the relevant Minister or Chief Executive. 

12.	Campaign costs include those activities involved in the development, production and dissemination of information to ACT residents about government programs, policies and matters which affect their entitlements, rights and obligations.

13.	Examples of these activities include: 

(a)	the use of market research agencies, public relations consultants, advertising agencies and other specialist consultants in the development of such materials; 

(b)	the production  and dissemination of press, radio, television, cinema and online advertisements, other electronic media, audio-visual and printed material (pamphlets, explanatory booklets, etc); and

(c)	where the responsible person is uncertain whether the cost of a campaign will exceed $40,000, the campaign should be referred to the Reviewer.

Guideline 1: Relevance of campaign material 
(should be read in conjunction with Part 2 - Section 9 and Part 4 - Section 17(3)(a) of the Act) 

14.	Consideration should be given to public information requirements during policy development and program planning.

15.	Some examples of suitable uses for ACT Government campaign advertising and promotion include:

(a)	informing residents of existing, new and proposed laws and policies;

(b)	providing information on government programs or services or changes to programs or services which the public can access;

(c)	encouraging usage of, or familiarity with, new or changing government programs or services, for example changes in the ACTION timetable; and public accountability.

16.	The presentation and delivery of information in an ACT Government advertising and promotion campaign must be clearly identified as an ACT Government campaign.  This would include a statement at the end of a television commercial or radio announcement.

Guideline 2: Presenting campaign material in an objective, fair and accessible manner
(should be read in conjunction with Part 4 - Section 17(3)(b,d&h) of the Act)

17.	All ACT Government campaign material must be presented in an objective, fair, accurate and accessible manner and enable the recipients of the information reasonably and easily to distinguish between facts, on the one hand, and comment, opinion and analysis on the other.

18.	Where information is presented as a fact, it should be based on accurate, verifiable facts, and expressed in conformity with those facts. No factual claim should be made which cannot be substantiated. 

19.	Existing policies, programs, services and activities should not be presented as new.

20.	Where appropriate, special attention should be paid to communicating with disadvantaged groups and individuals that are identified as being within the designated target audience. Particular attention should be given to the communications needs of people with disabilities, young people, the aged and those for whom English is not a first language in which to receive information.

21.	When appropriate, the below accessibility block copy should be used in printed material.

Accessibility 

The ACT Government is committed to making its information, services, events and venues, accessible to as many people as possible.

•	If you have difficulty reading a standard printed document and would like to receive this publication in an alternative format — such as large print or audio — please telephone(02) ADD RELEVANT NUMBER

•	If English is not your first language and you require the translating and interpreting service — please telephone 131 450.

•	If you are deaf or hearing impaired and require the TTY typewriter service — please telephone (02) ADD RELEVANT NUMBER

22.	Where appropriate, there should be recognition of the full participation of women, ethnic and Indigenous communities by realistically portraying their interests, lifestyles and contributions to Australian society. Care should be taken that this is not done in a stereotypical way.

23.	The target audience should have a convenient means of contacting the originating ACT Government agency so that questions, complaints or requests for further information can be dealt with promptly.   

Guideline 3: Material should not be directed at promoting party political interests
(should be read in conjunction with Part 2 - Section 11 and Part 4 - Section 17(3)(e&c) of the Act)

24.	Public funds should not be used to disseminate information in circumstances where a reasonable person would interpret the information as being given on behalf of a political party, or as directed at influencing public support for a political party rather than as communicating a factual message. 

25.	Without limiting these circumstances, particular concerns are likely to arise where: 

(a)	the party in government is identified;

(b)	a particular slogan or advertising or promotion technique is used which may be associated with, or reflect on, a political party;

(c) 	a political party or similar grouping is being disparaged or held up to ridicule;

(d)	the views, policies and actions of a political party are derided;

(e)	members of the ACT Government or political candidates are named, depicted or otherwise promoted in a manner that a reasonable person would regard as excessive; and

(f)	references or links are made to the websites of members or political parties.

26.	Notwithstanding this, a Minister (including the Chief Minister) may be named or appear in a campaign provided they are not included excessively in the advertising and promotion.  The use of Ministers’ names and images should be for the dominant and legitimate purpose of informing the public, discharging the government’s responsibilities or communicating a factual message.

Guideline 4: Avoiding the misuse of public funds
(should be read in conjunction with Part 2 - Section 8, and Part 4 - Section 17(3)(f) of the Act)

27.	Advertising and promotional material should be produced and distributed in an efficient, effective and relevant manner, with due regard to accountability.  There should be a clear audit trail regarding decision-making.

28.	Public funds should not be used on campaigns where:

(a)	the method or medium of communication is manifestly excessive or extravagant in relation to the objective being pursued; 

(b)	there is no evidence of value for money; and

(c)	there is no clear line of accountability, appropriate audit procedures or suitable procurement process.

29.	Campaigns should be justifiable in terms of community needs.  Procurement policies and procedures for tendering, obtaining services and employing consultants must be followed.
 
Guideline 5: Complying with legal requirements
(should be read in conjunction with Part 4 - Section 17(3)(i) of the Act)

30.	ACT Government campaigns and related material, the manner of presentation and the delivery of the campaign must comply with all relevant laws including:

(a)	privacy laws;

(b)	electoral laws;

(c)	broadcasting and media laws;

(d)	intellectual property laws; 

(e)	trade practices and consumer protection laws; and 

(f) 	workplace relations laws. 

31.	Each advertising and promotion campaign must be certified as complying with the Act and associated guidelines by the responsible person.

32.	The responsible person, for a Government agency, means:

(a)	for an administrative unit - the responsible Minister; 

(b)	for a Territory instrumentality - the Chief Executive Officer; 

(c)	for a statutory office holder and the staff assisting the statutory
office holder - the Statutory Office-holder; and

(d)	for a Territory-Owned Corporation - the Chief Executive of the
Corporation. 

33.	In the Act Government agencies means:

(a)	an administrative unit; or

(b)	a territory instrumentality; or

(c)	a statutory office-holder and the staff assisting the statutory office-holder; or

(d)	a territory-owned corporation.

34.	Therefore, the below list of ACT Government agencies are included in the Act:

(a)	Chief Minister’s Department;

(b)	Territory and Municipal Services;

(c)	Department Land and Property Services;

(d)	Land Development Agency;

(e)	Department of Treasury;

(f)	ACT Health;

(g)	Department of Justice and Community Safety;

(h)	Department of Environment, Climate Change, Energy and Water;

(i)	Department of Education and Training;

(f)	Canberra Institute of Technology;

(j)	ACT Planning and Land Authority;

(k)	ACTTAB Limited;

(l)	Department of Disability, Housing and Community Services;

(m)	Office for the Commissioner of Environment and Sustainability;

(n)	Cultural Facilities Corporation;

(o)	Aboriginal Justice Centre;

(p)	ACT Auditor General’s Office;

(q)	ACT Building and Construction Industry and Training Fund Board;

(r)	ACT Construction Industry and ACT Contract Cleaning Industry Long Service Leave Boards;

(s)	Australian Capital Region Development Board;

(t)	Rhodium Asset Solutions; and

(w)	ACTEW Corporation.

35.	 Agencies subject to the Financial Management Act must comply with these guidelines.

Guideline 6: Advertising campaigns in pre-election period 
(should be read in conjunction with Part 4 - Section 18 of the Act)

36.	The ACT Government or agencies/entities should not undertake campaign advertising when it is in Caretaker mode. However, this does not apply to campaigns undertaken by the Electoral Commissioner aimed at informing ACT residents of their rights and responsibilities and obligations in relation to elections.  

37.	Advertisements for jobs, tenders or other routine advertising carried out by an agency in relation to its operational activities is still permissible, as are campaigns related to  an emergency, urgent circumstances  or other extraordinary circumstance.

 The Review Framework
(should be read in conjunction with Part 3 - Sections 12 & 13,
 Part 4 - Section 14, and Part 5 of the Act)

38.	The Chief Minister’s Department (CMD), as the central agency, is responsible for the application and operation of these Guidelines and for providing initial advice and assistance to departments and agencies that may be considering conducting advertising campaigns.

39.	In addition, an agreed expert individual (the Reviewer) will provide a review of all government campaigns with expenditure in excess of $40,000.

40.	The appointment of the Reviewer must be approved by resolution passed by a two thirds majority of the Assembly, and will be appointed for not longer than three years.

41.	The Reviewer will:

(a)	review proposed government campaigns over $40,000 to ensure campaigns comply with the Act and Guidelines; and

(b)	report to the relevant Minister on the proposed campaign’s compliance with the Act and Guidelines.

42.	The Minister or Chief Executive responsible for a campaign with expenditure of $40,000 or less may ask the expert Reviewer to assess that campaign’s compliance with these guidelines where the campaign is of a sensitive nature or the Minister or Chief Executive considers that such a review is appropriate.

43.	Any review undertaken by the Reviewer is not an audit, but is designed to provide limited assurance through inquiry, observation and analysis of key documents and information that the Guidelines have been adhered to.  CMD Communications and Engagement Unit will provide secretariat support to the Reviewer. 

44.	The Reviewer must prepare a report for the Legislative Assembly in relation to government campaigns every six months – for the reporting periods ending on 
30 June and 31 December.  The reviewer must report within three months after the reporting period.  Reporting periods will vary in an election year.  

45.	The Reviewer must report on:

(a)	whether each proposed campaign was accepted or rejected, and reasons for the decision; 

(b)	changes recommended by the Reviewer; and

(c)	the campaign costs, itemised by type of costs incurred such as development, production and advertising/dissemination costs.

46.	Government advertising campaigns that do not need to be submitted to the Reviewer for scrutiny include:

(a)	jobs advertising;

(b)	tender advertising; 

(c)	public health or safety campaigns, eg. road safety programs;

(d)	campaigns that assist in the preservation of order in the event of an emergency or crisis;

(e)	campaigns that help ensure public safety, personal security or encourage responsible behaviour;

(f)	campaigns that promote the ACT as a tourist destination; and

(g) 	routine advertising carried out by agencies in relation to their operational activities.