Other legal requirements

Expenditure on advertising, market research, polling and direct mail

An agency required to publish an annual report under the Financial Management Act 2006  or any other written law must include a statement in the report of all expenditure incurred by, or on behalf of, the agency during the reporting period (section 175ZE of the Electoral Act 1907).

A public agency under the Electoral Act 1907 includes departments of the public service and organisations specified in Schedule 2 of the Public Sector Management Act 1994 as well as:

  • a body or office established for a public purpose under a written law
  • a body or office established by the Governor or a minister
  • any corporation or association over which control can be exercised by the State, minister or previously stated bodies.

The expenditure statement must include:

  • a statement or total amount figure of all the expenditure set out
  • the amount of expenditure in relation to each class of expenditure
  • the name of each person, agency or organisation to which an amount was paid.

An agency can provide for each sub-total or more detail as required. For example, advertising expenditure may be divided between campaign and non-campaign expenditure.

The details in relation to a class of expenditure do not need to be structured as above if the expenditure for the class is less than $2500. Even if no expenditure was incurred, a nil statement must be published.

If an agency is reporting through a larger agency, either the main agency must report expenditure under section 175ZE of the Electoral Act 1907 for each subsidiary agency separately or the agency must report expenditure under section 175ZE of the Electoral Act 1907 in its own annual report.

All annual reports are reviewed to assess compliance with the legislation. Information is collated into a summary by the Western Australian Electoral Commission and included in the Political Finance Annual Report each year. Any non-compliance is evident in this reporting. The report is tabled in both houses of Parliament and is available on the Western Australian Electoral Commission website in accordance with section 175G of the Electoral Act 1907.

Example 1 (not based on real agency data)

In accordance with section 175ZE of the Electoral Act 1907, the agency incurred the following expenditure in advertising, market research, polling, direct mail and media advertising.

Total expenditure for 2018/19 was $76 000.

Expenditure was incurred in the following areas.

Expenditure

Total

Expenditure

Amount

Advertising agencies

$12 000

XYZ Agency

$12 000

Market research organisations

$12 500

ABC Research

$12 500

Polling organisations

Nil

 

Nil

Direct mail organisations

$24 900

123 Company

456 Company

789 Company

$19 000

$700

$5 200

Media advertising organisations

$26 600

PQR Agency

UVW Agency

$21 100

$5 500

Example 2 (not based on real agency data)

Section 175ZE of the Electoral Act 1907 requires public agencies to report details of expenditure to organisations providing services in relation to advertising, market research, polling, direct mail and media advertising. The agency has not incurred expenditure of this nature.

For any enquiries about the Electoral Act 1907, contact the Western Australian Electoral Commission.

Disability access and inclusion plan outcomes

An agency required to have a disability access and inclusion plan under the Disability Services Act 1993 must report on its implementation in the annual report by briefly outlining current initiatives to address the desired outcomes of the plan.

Include information that meets the requirements of Schedule 3 of the Disability Services Regulations 2004. The report should also include services to the public delivered by agents and contractors as well as strategies to inform agents and contractors of the agency’s plan.

For enquiries, email the Department of Communities.

Compliance with public sector standards and ethical codes

The Public Sector Commission provides the following guidelines to assist chief executive officer and some chief employees to meet their obligations under section 31(1) of the Public Sector Management Act 1994. These include:

  • the extent of compliance with public sector standards, codes of ethics and any relevant code of conduct
  • the significant actions undertaken to promote compliance the public sector standards in human resource management, Commissioner’s Instructions and ethical codes (eg updating or revising policies/guidelines, revising agency code of conduct or implementing awareness raising activities/training sessions).

When preparing compliance reports, ensure consistency with information provided to the Public Sector Commission through the Public Sector Entity Survey.

For an agency subject to section 31(2) of the Public Sector Management Act 1994, obligations are met by completing the relevant section of the Public Sector Entity Survey.

For further information, email the Public Sector Commission.  

Recordkeeping plans

An agency is required to have a recordkeeping plan under section 19 of the State Records Act 2000.

The annual report should include information that meets the requirements of the State Records Commission Standard 2, Principle 6.

recordkeeping plan review form and recordkeeping maturity model are to assist in this process. 

For enquiries, email the State Records Office.

 

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Page last updated 12 July 2019