What is a third-party lobbyist?

A third-party lobbyist is an individual or body carrying on the business (generally for money or other valuable consideration) of lobbying government officials on behalf of another individual or body.

What is lobbying?

Lobbying a government official means communicating with the official for the purpose of representing the interest of others in relation to any of the following:

• legislation or proposed legislation or a government decision or policy or proposed government decision or policy

• a planning application

• the exercise of the official of his or her official functions.

Lobbying extends to:

• communications (whether or not) in the course of carrying on the business of lobbying government officials

• any such communication by a person who works for an organisation for the purpose of representing the interests of the organisation or its members

• any such communications for the purpose of representing community interests.

Lobbying does not include:

• any communication by a member of the NSW Parliament acting in the ordinary course of their duties (or any communication by a constituent of a member of the NSW Parliament in the ordinary course of seeking electorate advice or assistance from the member) or

• any communication by a government official acting in the ordinary course of their duties.

What is a government official?

A government official is:  

• a NSW Minister or Parliamentary Secretary

• a staff member of a NSW Minister or Parliamentary Secretary

• the head of a public service agency

• a person employed in the public service of NSW, the Transport Service of NSW or any other service of the Crown

• a member or the governing body of, a NSW statutory body, it does not include a local government official (except under certain circumstances). 

Lobbyists may communicate to government officials in person, in writing, by telephone or by email or other electronic means.

Third-party lobbyists must not meet or otherwise communicate with NSW Government officials for the purpose of lobbying unless:

• They are registered on the Lobbyists Register,

• Any individuals they engage to undertake the lobbying for them are registered on the Lobbyists Register, and

• They have provided all other information required to be included in the Lobbyists Register in connection with their lobbying business.

Before meeting to lobby a NSW Government official, a lobbyist must disclose to the official the nature of the matter to be discussed, and must also disclose any financial or other interest the lobbyist has in the matter to be discussed.

Since 1 July 2014 all NSW Ministers must publish extracts from their diaries detailing scheduled meetings held with stakeholders, external organisations and individuals one month after the end of each quarter. The summary should disclose the organisation or individual with whom the meeting occurred, details of any registered lobbyists present, and the purpose of the meeting.

Ministers' meeting summaries are published on the Department of Premier and Cabinet’s website.

What is not a third-party lobbyist?

• professionals (such as  Australian legal practitioner, medical practitioner or qualified accountant) if the lobbying carried out is incidental to the provision of professional services to a client in the course of the person’s work or

• individuals making representations to government officials on behalf of their relatives or friends about their personal affairs.