government agencies (campaign advertising) act 2009 · land release in taylor. the campaign informs...

Government Agencies (Campaign Advertising) Act 2009

Report to the Legislative Assembly

for the period from 1 July 2017 to 31 December 2017

Prepared by: Prof. Dennis Pearce AO Independent Reviewer 15 March 2018

Government Agencies (Campaign Advertising) Act 2009 Report by the Independent Reviewer – Professor Dennis Pearce AO 1 July 2017 to 31 December 2017 The Government Agencies (Campaign Advertising) Act 2009 (the Act) requires that a bi-annual report be prepared to the Legislative Assembly on Government campaigns. This report covers the campaigns referred to me from 1 July 2017 to 31 December 2017. This report details each campaign referred to me, with campaign costs itemised by the kind of costs incurred and the ways used to disseminate information and the result of my review and the reason for my decision in each case. Section 21 of the Act deals with “sensitive information”. No campaign has included information in this category. I note that section 19 (2) (b) (i) requires the Independent Reviewer to report on “the campaign costs itemised by the kind of costs incurred...” I have taken this to require reporting on the budgeted costs for each campaign. In some instances campaigns extend beyond a reporting period or are part of a bigger campaign and information about actual expenditure is not available until the campaign has been completed. I reviewed ten campaigns from 1 July to 31 December 2017. All campaigns met the requirements of the Act and Guidelines. In a number of cases I suggested minor amendments and in all cases these suggestions were accepted. I have not referred to these changes in my reports unless they were of significance. Mr Derek Volker reviewed one campaign which required attention while I was away. The campaign met the requirements of the Act and Guidelines. I have indicated in the report the campaign on which he reported. The table below lists the campaigns, itemised costs and the result of the review. The full report for each campaign is included at Attachments A-K.

Date Approved Campaign Referring Directorate/Agency

Itemised Costs as Budget Review Decision and reasons

Full Report is at Attachment

7 July 2017

Our Canberra monthly community newsletter – August 2017

Chief Minister, Treasury and Economic Development Directorate

Budget: Printing: $20,000 Distribution: $28,500

Total: $48,500

Accepted - The campaign raises no issues under the Act and Guidelines.

A

31 July 2017 Taylor Sales Campaign 2

Environment, Planning and Sustainable Development – Suburban Land Agency

Budget: Creative Development: $7,837.50 Production: $4,421.50 Media spend: $48,500 5% Contingency: $3,037.95

Total: $63,797.95

Accepted - The campaign raises no issues under the Act and Guidelines

B

14 August 2017

Our Canberra monthly community newsletter – September 2017



Total: $48,500


C

4 September 2017

Throsby Over the Counter September Campaign


Budget: Development: $19,090.50 Production: $42,020 Media spend: $90,500 5% Contingency: $7,580.53 Total: $173,835


D

11 September 2017

Our Canberra monthly community newsletter – October 2017



Total: $48,500


E

12 October 2017

Our Canberra monthly community newsletter –



Total: $48,500

Reviewed by: Mr Derek Volker, Acting Independent Campaign Reviewer. Accepted - The campaign raises no issues under the

F

November 2017 Act and Guidelines

6 November 2017

The Precinct Red Hill


Budget: Strategy, concept development, project management, copywriting: $17,600 Design and production: $20,458.90 Online and traditional media spend: $67,941.26 Digital assets: $23,251.73 Signage: $4,848.00 5% contingency: $6,705.00 Total: $ 140,804.89


G

9 November 2017

Devices for All Education Directorate

Budget: Postcards: $950 Posters: $250 Total: $1,200

Accepted - The campaign material does not breach the requirements of the ACT and Guidelines.

H

15 November 2017

Our Canberra monthly community newsletter – December 2017



Total: $48,500


I

27 November 2017

Backyard Lifeguard Environment, Planning and Sustainable Development

Budget: A total budget of $150,000 has been allocated to the 2017/18 Backyard Lifeguard campaign. Of this, approximately $100,000


J

Attachment A

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Chief Minister, Treasury and Economic Development Directorate Campaign: ‘Our Canberra’ Monthly Community Newsletter: August 2017 Date received by Reviewer: 6 July 2017 Comments: I am informed that Government research has found that 20% of Canberrans would prefer to receive Government information directly in their letterboxes. With that in mind, a printed monthly community newsletter, delivered directly into every Canberra letterbox, is produced. This is the newsletter for August 2017. The newsletter is tailored to five regions: Belconnen; Central Canberra; Gungahlin; Tuggeranong; and Woden/Weston Creek/Molonglo. The newsletter will be distributed from 31 July 2017. The Newsletter contains an introductory paragraph from the Chief Minister. The Chief Minister has certified that there is compliance with Guideline 5.31. I am satisfied that the Campaign raises no issues under the Act and Guidelines. Budget Printing: $20,000 Distribution: $28,500 Total: $48,500 I, Professor Dennis Pearce AO, declare that the ‘Our Canberra’ Monthly Community Newsletter: August 2017 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 7 July 2017

Attachment B

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Environment, Planning and Sustainable Development (EPSDD) – Suburban Land Agency Campaign: Taylor Sales Campaign 2 Date received by Reviewer: 31 July 2017 Comments: The purpose of this campaign is to promote the next Single Residential land release in Taylor. The campaign informs potential purchasers about the available blocks for sale and the process to purchase land by Ballot. The Campaign is to commence on 17 August 2017 and continue for 4 weeks.

The Campaign will use media advertising both digital and press, brochures and advertising hoardings, signs and a mobile billboard. There will be a Campaign website and a video. Radio and television will not be used. Ministers, Members of the Legislative Assembly and public servants will not take part in the Campaign The Interim Chief Executive Officer, Suburban Land Agency, has certified that there is compliance with Guideline 5.31. The Campaign raises no issues under the Act and Guidelines. Budget: Creative Development: $7,837.50 (inc GST) Production: $4,421.50 (inc GST) Media spend: $48,500.00 (inc GST) Contingency: $3,037.95 (inc GST) (5% of total budget) Total: $ 63,796.95 (inc GST) (including contingency) I, Professor Dennis Pearce AO, declare that the Taylor Sales Campaign 2 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 31 July 2017

Attachment C

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Chief Minister, Treasury and Economic Development Directorate Campaign: ‘Our Canberra’ Monthly Community Newsletter: September 2017 Date received by Reviewer: 14 August 2017 Comments: I am informed that Government research has found that 20% of Canberrans would prefer to receive Government information directly in their letterboxes. With that in mind, a printed monthly community newsletter, delivered directly into every Canberra letterbox, is produced. This is the newsletter for September 2017. The newsletter is tailored to five regions: Belconnen; Central Canberra; Gungahlin; Tuggeranong; and Woden/Weston Creek/Molonglo. The newsletter will be distributed from 4 September 2017. The Newsletter contains an introductory paragraph from the Chief Minister. The Chief Minister has certified that there is compliance with Guideline 5.31. I am satisfied that the Campaign raises no issues under the Act and Guidelines. Budget Printing: $20,000 Distribution: $28,500 Total: $48,500 I, Professor Dennis Pearce AO, declare that the ‘Our Canberra’ Monthly Community Newsletter: September 2017 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 14 August 2017

Attachment D

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Environment Planning and Sustainable Development – Suburban Land Agency Campaign: Throsby Over the Counter Advertising Campaign September 2017 Date received by Reviewer: 4 September 2017 Comments: This is the fourth Campaign concerned with land releases in Throsby. This Campaign is intended to amplify the messages in the previous Campaigns which were launched in September 2015, September 2016 and May 2017. It is proposed to launch a three month campaign with strategic tactical bursts throughout the period to reinforce Throsby’s position in the market place as a premium estate and thereby generate sales. This campaign will amplify the testimonial messaging from earlier campaigns and is aimed at attracting a new audience through engaging content and emotive testimonial based messaging, across a number of new media platforms. Building on previous promotional activities, this campaign presents options to market available blocks for sale and reinforce brand awareness of Throsby as a premium estate.

Advertising is to commence on 15 September 2017. This Campaign will use flyers, posters, and digital and press advertisements. Previous promotional material will continue to be developed and deployed. A new testimonial TV commercial will be made to support the campaign. The Chief Executive Officer, Suburban Land Agency, has certified that there is compliance with Guideline 5.31. The Campaign raises no issues under the Act and Guidelines. Budget: Development: $19,090.50 Production: $42,020 Media spend: $90,500 Contingency: $7,580.53 (5% of total budget)

CONFIDENTIAL

Total: $173,835.01 (including 5% contingency and GST) I, Professor Dennis Pearce AO, declare that the Throsby Over the Counter Advertising Campaign September 2017 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 4 September 2017

Attachment E

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Chief Minister, Treasury and Economic Development Directorate Campaign: ‘Our Canberra’ Monthly Community Newsletter: October 2017 Date received by Reviewer: 11 September 2017 Comments: I am informed that Government research has found that 20% of Canberrans would prefer to receive Government information directly in their letterboxes. With that in mind, a printed monthly community newsletter, delivered directly into every Canberra letterbox, is produced. This is the newsletter for October 2017. The newsletter is tailored to five regions: Belconnen; Central Canberra; Gungahlin; Tuggeranong; and Woden/Weston Creek/Molonglo. The newsletter will be distributed from 2 October 2017. The Newsletter contains an introductory paragraph from the Chief Minister. The Chief Minister has certified that there is compliance with Guideline 5.31. I am satisfied that the Campaign raises no issues under the Act and Guidelines. Budget Printing: $20,000 Distribution: $28,500 Total: $48,500 I, Professor Dennis Pearce AO, declare that the ‘Our Canberra’ Monthly Community Newsletter: October 2017 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 11 September 2017

Attachment F

Attachment G

REVIEWER ASSESSMENT Directorate/Agency: Environment, Planning and Sustainable Development Directorate – Suburban Land Agency Campaign: The Precinct Red Hill Date Received by Reviewer: 6 November 2017 Comments: The primary purpose of this campaign is to promote the sale of the Red Hill Precinct as an Englobo parcel. The campaign will primarily target a developer audience with a national and potentially an international focus. The site must be developed in line with the approved Estate Development Plan (EDP). The existing Red Hill community worked closely with the ACT Government to develop the EDP vision and is a secondary audience. The sites significance as a key ACT Government urban renewal project is reflected through the adaptation of the ACT Government and CBR brand for use across the campaign. Ministers will not be involved in the campaign. Digital platforms have been selected as the primary communication method to communicate effectively with a primary audience of interstate and international purchasers. Most campaign materials will be available both online and in hard copy format. All electronic versions will be made accessible and will be made available on the Suburban Land Agency website. The website will also include an embedded video. I have reviewed the script of the video. Signage will be used at and adjacent to the site. The Acting Interim Chief Executive Officer, Suburban Land Agency, has certified that there is compliance with Guideline 5.31. The Campaign is scheduled to begin on 18 November 2017. Tenders must be submitted electronically by Thursday 1 March 2018 Budget: Strategy, Concept Development, Project management, Copywriting: $17,600.00 Design and Production: $20,458.90 Online and Traditional Media spend: $67,941.26 Digital Assets: $23,251.73 Signage: $4,848.00 5% Contingency: $6,705.00

Total: $ 140,804.89 inc GST (including contingency) I, Professor Dennis Pearce AO, declare that the The Precinct Red Hill campaign meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 6 November 2017

Attachment H

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Education Campaign: Devices for all (Chromebook) Date Received by Reviewer: 9 November 2017 Comments: The purpose of the campaign is to advise parents and public school students in Years 7 to 11 that the ACT Government will provide all students in those years with a Chromebook at no direct cost to parents. The campaign will take the form of a postcard distributed via schools and, in addition, posters to be supplied to schools. The postcards depict the Minister for Education and Early Childhood development with two students looking at Chromebooks. The poster is similar except that there is only one student. The text to both publications reads:

TEXTBOOKS OF TODAY Every child deserves an equal chance to great education. That’s why in Term one 2018 the ACT Government will provide all public school students in Years 7 to 11 with a Chromebook at no cost to parents.

The cost of the campaign is much less than the $40,000 cost at which the Government Agencies (Campaign Advertising) Act 2009 requires the examination of a campaign by the Independent Reviewer. However, I have been requested to examine the campaign having regard to the extent to which the Minister is featured in the campaign documents and the reference to the ACT Government in the text of the documents. The matter is to be determined having regard to Guideline 3 of the Government Agencies (Campaign Advertising) Guidelines 2010 (No 1) which reads:

Guideline 3: Material should not be directed at promoting party political interests 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;

CONFIDENTIAL

(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.

It can be seen that there are a number of matters arising under these requirements that are matters of judgment and on which reasonable persons might hold differing views. However, in my opinion the campaign materials under consideration here do not breach the guideline. First, there is a difference between referring to a political party and referring to the ACT Government. The Government is formed after an election and comprises members of the Legislative Assembly. It is different from a political party even though the Government might comprise persons who are members of a particular political party. The Government Agencies (Campaign Advertising) Act does not prevent reference to the ACT Government in campaign material provided that the material does not offend other requirements of the Act and guidelines. I regard the reference to the ACT Government in the campaign under consideration here as a factual statement of the Government’s decision to supply Chromebooks to students and a communication of that decision to relevant members of the public. The inclusion of the Minister’s picture in the campaign material is of greater significance. It is a question whether it can be said that the Minister is being ‘named, depicted or otherwise promoted in a manner that a reasonable person would regard as excessive’: see Guideline 3.25(e). As I have indicated, reasonable persons may differ in their perception of this matter. However, I do not think that there has been an excessive promotion of the Minister. I do not consider that campaign materials can never include a photograph of a Minister who has taken a decision that is being communicated to the public. This is recognised

CONFIDENTIAL

by Guideline 3.26. It says that Ministers’ names and images may be used provided that it is ‘for the dominant and legitimate purpose of informing the public, discharging the government’s responsibilities or communicating a factual message’. The Minister for Education is responsible for the decision to supply Chromebooks to students and is thereby answerable to the public for that decision. Identification of the Minister solely by name and photograph does not seem to me to be in itself excessive promotion of the Minister. Accordingly, I conclude that the campaign material does not breach the requirements of the Government Agencies (Campaign Advertising) Act 2009. The Minister for Education has certified that there is compliance with Guideline 5.31. The Campaign is scheduled to begin on 15 November 2017. Budget: Postcards: $950 Poster: $250 Total: $1,200 I, Professor Dennis Pearce AO, declare that the Devices for all (Chromebook) Campaign meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 9 November 2017

Attachment I

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Chief Minister, Treasury and Economic Development Directorate Campaign: ‘Our Canberra’ Monthly Community Newsletter: December 2017 Date received by Reviewer: 10 November 2017 Comments: I am informed that Government research has found that 20% of Canberrans would prefer to receive Government information directly in their letterboxes. With that in mind, a printed monthly community newsletter, delivered directly into every Canberra letterbox, is produced. This is the newsletter for December 2017. The newsletter is tailored to five regions: Belconnen; Central Canberra; Gungahlin; Tuggeranong; and Woden/Weston Creek/Molonglo. The newsletter will be distributed from 4 December 2017. The Newsletter contains an introductory paragraph from the Chief Minister. The Chief Minister has certified that there is compliance with Guideline 5.31. Following the making of minor changes, I am satisfied that the Campaign raises no issues under the Act and Guidelines. Budget Printing: $20,000 Distribution: $28,500 Total: $48,500 I, Professor Dennis Pearce AO, declare that the ‘Our Canberra’ Monthly Community Newsletter: December 2017 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 15 November 2017

Attachment J

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Environment, Planning and Sustainability Directorate Campaign: 2017/18 Backyard Lifeguard Campaign Date Received by Reviewer: 27 November 2017 Comments: In the ACT, the home swimming pool is the most common location for drowning death and injury for children under the age of five. In response to recommendations of a coronial enquiry in November 2016, the ACT Government launched a comprehensive pool safety education and awareness campaign, known as Backyard Lifeguard, which ran from 1 December 2016 through to March 2017. The three key pillars of the campaign were: to encourage people to closely supervise children when in and around the pool; to know CPR; and to check pool barriers meet current safety standards. To further demonstrate its commitment to swimming pool safety, the ACT Government will again run the Backyard Lifeguard campaign over the 2017/18 summer period. Campaign activities include television, cinema, radio, print, online, social and back of bus advertising as well as printed material (i.e. flyers, posters) and other giveaways (i.e. customised wristbands) to be distributed through public libraries, swimming pools and at community events (i.e. the Royal Canberra Show). Government communication channels will also be utilised such as Access Canberra shopfront screens and the whole of government message to all ACT public servants. The Minister will be involved in the launch of the campaign but will otherwise take no part in it. No issues are raised under the Act and Guidelines. The Minister has certified that there is compliance with Guideline 5.31. The Campaign is scheduled to begin on 1 December 2017 and continue throughout the summer period. Budget: A total budget of $150,000 has been allocated to the 2017/18 Backyard Lifeguard campaign. Of this, approximately $100,000 will be spent on advertising activities.

CONFIDENTIAL

. I, Professor Dennis Pearce AO, declare that the 2017/18 Backyard Lifeguard Campaign meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 27 November 2017

Attachment K

CONFIDENTIAL

REVIEWER ASSESSMENT Directorate/Agency: Chief Minister, Treasury and Economic Development Directorate Campaign: ‘Our Canberra’ Monthly Community Newsletter: January/February 2018 Edition Date received by Reviewer: 11 December 2017 Comments: I am informed that Government research has found that 20% of Canberrans would prefer to receive Government information directly in their letterboxes. With that in mind, a printed monthly community newsletter, delivered directly into every Canberra letterbox, is produced. This is the newsletter for January/February 2018. The newsletter is tailored to five regions: Belconnen; Central Canberra; Gungahlin; Tuggeranong; and Woden/Weston Creek/Molonglo. The newsletter will be distributed from 15 January 2018. The Newsletter contains an introductory paragraph from the Chief Minister. The Chief Minister has certified that there is compliance with Guideline 5.31. Following the making of minor changes, I am satisfied that the Campaign raises no issues under the Act and Guidelines. Budget Printing: $20,000 Distribution: $28,500 Total: $48,500 I, Professor Dennis Pearce AO, declare that the ‘Our Canberra’ Monthly Community Newsletter: January/February 2018 meets the requirements of the Government Agencies (Campaign Advertising) Act 2009. Professor Dennis Pearce AO Independent Reviewer Date: 12 December 2017

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