When the Coalition came to government in 2011 they did so with a Five Point
Action Plan, a major plank of which was to renew trust in the political system.
The focus of this paper is on those laws and policies introduced over the last
four years to make good that promise of renewal.
Setting the intended tone for the 55
th Parliament, Premier Barry
O’Farrell said when introducing a measure to reform the law on lobbying:
One of the things that the people of New South Wales voted for on 26 March
was to have honest, accountable government in New South Wales again. This bill
is part of a series of measures that the Government will take to restore
confidence in public administration in New South Wales….We are determined
that people understand that decisions are made on the basis of public
interest.
Since 2011 reforms have taken place across many areas, from whistleblower
legislation to revising the Ministerial Code of Conduct, and including the
establishment of a Public Service Commissioner to oversee ethical practice in
the public sector. Changes to the regulation of lobbyists include the
prohibition of success fees for lobbyists who lobby Ministers and others and
the prohibition of former Ministers and parliamentary secretaries form engaging
in lobbying in the 18 months after they cease to hold office. Political
donations legislation has also undergone several rounds of change, including as
a result of the High Court challenge in the
Unions NSW case.
Despite these reforms, sometimes arising from attempts to circumvent them, the
55
th Parliament saw a steady stream of scandal, most of it played
out before the ICAC. Many of these events have harked back to the last stanzas
of Labor’s 16 years in power. More recently, they have been joined by
those on the other side of politics, with 10 Liberal members stepping aside
from the Party to sit on the cross-bench.
What effect has this had on the health and wellbeing of representative
democracy in NSW, at a time of falling membership in the major parties and a
seemingly increasing cynicism towards politicians and the system of democratic
politics generally? On this issue, the recent report of the Expert Panel on
political donations observed that findings of fraud and corruption, together
with alleged breaches of election funding laws, “have led the community
to distrust politicians and to question the integrity of government”.