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Legislative Assembly 6813 LEGISLATIVE ASSEMBLY Thursday 10 April 2008 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. PARLIAMENTARY ELECTORATES AND ELECTIONS AMENDMENT (TRUTH IN ADVERTISING) BILL 2007 Agreement in Principle Debate resumed from 3 April 2008. Mr KEVIN HUMPHRIES (Barwon) [10.03 a.m.]: I take this opportunity to contribute to the debate on the Parliamentary Electorates and Election Amendment (Truth in Advertising) Bill 2007. From the outset I congratulate my colleague the member for Ballina and commend him for introducing this important initiative. The long title states that the bill is: An Act to amend the Parliamentary Electorates and Elections Act 1912 to provide for truth in political advertising in State and local government elections … At this point I acknowledge the presence in the public gallery of some members from Moree Plains Shire Council. As a new member to this House I find it extraordinary that we are debating this bill. My expectation and that of the community is that the standards and codes of conduct for political advertising should be a major tenet in the democratic process within the State of New South Wales. The amendments set out in clause 3 will make it an offence for a person to authorise, cause or permit the publication of an electoral advertisement containing a statement that is inaccurate and misleading to a material extent. The offence will apply to both State and local government elections and will carry a maximum penalty of 1,000 penalty units or $110,000 for a body corporate, and 100 penalty units or $11,000 for an individual. As leaders, decision makers, policymakers, lawmakers and representatives of the people how we instil, maintain and support the fundamental values of truth and confidence in our system of government is critical to our legitimacy and authenticity. In more recent times there has been a basic disconnection between the Government and the people of New South Wales. The importance of this bill is that it seeks to restore public confidence not only in the democratic and electoral process but, indeed, also in the role of government in this State. I would expect bipartisan support for this bill from all members of the House and that that support would be widespread throughout media outlets. It appears that the Labor Party of New South Wales will reject this bill. It is incumbent on members opposite to support the bill because it is exactly what the people of New South Wales are calling for. If the Labor Party does not support the bill, it needs to publicly articulate why and accept the wrath of the media and grassroots New South Wales. Issues around restriction of freedom of speech and the legitimacy and constitutionality of the bill have been subjected to legal and parliamentary scrutiny across a number of jurisdictions, and it has been shown that it can work. In 1985 the South Australian Government enacted the Electoral Act 1985. Section 113 of that Act makes it an offence to authorise or publish an advertisement purporting to be a statement of fact when the statement is inaccurate or misleading. Section 113 has supported a successful prosecution and survived a constitutional challenge in an appeal to the Full Court of the Supreme Court of South Australia. In Cameron v Becker (1995) the court relevantly held as follows: The constitutional free speech defence failed because the limitation imposed by section 113 is manifestly proportionate to the legitimate object of ensuring that what is represented is factual material published in political advertisements is accurate and not misleading. 6814 LEGISLATIVE ASSEMBLY 10 April 2008 Politicians or would-be politicians are no different from anyone else within our communities and therefore should be subject to the same standards that the Supreme Court of South Australia has upheld. Reviews on this issue across the country continue to support truth in advertising legislation. We expect the same standards within industry in the launching and promotion of products and services. Product and service scrutiny within the political arena should not be left to isolated review by media programs such as Media Watch or the tabloids who suffer the temptation to dumb down the political information process around election time. It is extraordinary that for the last election the Labor Government ran a $100 million-plus campaign, of which $90 million, as highlighted by the Auditor-General, was spent on political spin advertisements instead of good public policy advertisements. This taxpayer-funded multi-multimillion dollar spend-up occurred while emergency departments in our hospital system were crying for additional resources, and nurses and clinicians were calling for fundamental resource reform of the health system generally. In the lead-up to the 2007 election the Labor Government made public allegations in significant advertisements that the Coalition would cut 20,000 nurse, teacher and police positions. It is a shame the taxpayers of New South Wales had to fund this straight-out lie. There was no accountability, truth or substance to this outrageous and unfounded claim. Our policy was very clear: no front-line jobs and no jobs in country areas would be lost. At the time 20,000 back-of-house jobs was a modest estimate of public service adjustments in what was perceived to be unaccountable growth and lack of ministerial leadership in many areas of the public service. Apparently, the Treasurer of New South Wales claimed in his party room that the cuts should have equalled 70,000 jobs. Notwithstanding those claims, what is the Government's position on this issue? Recently I attended the presentation of a number of reports of the Auditor-General, one illuminating briefing, and a good report on public performance, which was about managing the departmental amalgamation of the Department of Commerce and the Department of Primary Industries. I commend that report to members. On 1 July 2004 the Department of Primary Industries was created as a result of the amalgamation of Agriculture, Mineral Resources, NSW Fisheries and State Forests. In 2004 total staff on amalgamation was 4,000. The objectives of the amalgamation were threefold. The first was to achieve budget savings of $36 million to $37 million in the first year, $57.4 million in the second year, and $58 million in the third year. The second objective was to give rural New South Wales a stronger voice in government, and the third objective was to provide better services to customers and stakeholders. Besides running a smear campaign against the Coalition, in the lead-up to the 2007 election the Government was responsible for serious redundancies. According to the Auditor-General, as a result of these amalgamations, 400 staff members have been made redundant. There was no consistency or truth in advertising in the lead-up to the 2007 election. We regarded as a joke the Government's reference to a rural voice. The Rural and Regional Task Force did not refer to agriculture once in its 22 recommendations, so the objectives of the amalgamation have not been achieved. We also regarded as a joke the Government's reference to better services to customers and stakeholders as a result of the amalgamation. I am still petitioning the Government to fill a technical assistant position in Coonamble that has been made vacant. Too many front-line positions in the Department of Primary Industries are still vacant today, which is unacceptable. As I said earlier, 400 jobs in the Department of Primary Industries have been lost. On 2 April 2003 the Department of Commerce was created as a result of the amalgamation of Public Works, Fair Trading, Industrial Relations and the Department of Information, Technology and Management. The Attorney General said in his report: There has been considerable change since amalgamation. Amalgamation drew together 4,150 staff, which was subsequently reduced by 1,000 jobs over the first two years. Going into the 2007 election the amalgamation of two merged departments resulted in 1,400 jobs being made redundant. New South Wales has 69 budget-dependent agencies and 39 public trading organisations. A simple correlation might indicate that the Labor Government, whilst falsely accusing the Coalition of planning 20,000 staff cuts within the public service, cut back 40,000 to 50,000 jobs. This is based on the 700 redundancies for budget-dependent agencies, as highlighted by staff cuts in the Department of Primary Industries and the Department of Commerce. Truth in advertising is all about spin, smoke and mirrors. It is a calculated plan to mislead workers and the people of New South Wales. The Labor Government cringes at the concept of truth in advertising mainly because it is incapable of recognising the truth. Its ability to extract and truthfully analyse data as simple as truancy rates is indicative of its ability, simply and honestly, to report to the people of New South Wales what is going on. When it comes to the truth in public service employment figures, similar analogies can be drawn. It is possible and desirable to 10 April 2008 LEGISLATIVE ASSEMBLY 6815 legislate to prevent candidates and politicians lying or misrepresenting facts during an election campaign. We can and must do better for the people of New South Wales. I again commend the member for Ballina for introducing the bill and ask all members to support it. Mr PETER DRAPER (Tamworth) [10.15 a.m.]: I support the Parliamentary Electorates and Elections Amendment (Truth in Advertising) Bill 2007. It is about time that politicians, political organisations and others meet the same standards of honesty that business and other organisations meet under advertising provisions.
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