{"id":"sr:public-administration-public-sector-communication-regulations-2018","name":"Public Administration (Public Sector Communication) Regulations 2018","slug":"public-administration-public-sector-communication-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181692,"registerId":"vic-sr:public-administration-public-sector-communication-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Administration (Public Sector Communication) Regulations 2018","content":"Version No. 001\n\n**Public Administration (Public Sector Communication) Regulations 2018**\n\n**S.R. No. 143/2018**\n\nVersion as at  \n25 September 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Definitions 1\n\n4 Public interest purposes for publication of public sector communication 2\n\n5 Public sector communication standards 3\n\n6 Public sector communication advertising standard for political party references 4\n\n7 Public sector communication advertising standard for promoting services, activities or infrastructure projects 4\n\n8 Public sector communication for the purposes of conducting an election 4\n\n9 Public sector communication with references to the Premier 5\n\n10 Public sector communication advertising requirement for purchase of media 5\n\n11 Secretary may exempt public sector body from advertising a public sector communication under a State purchase contract 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Amendments Not in Operation 10\n\n4 Explanatory details 11\n\n**Version No.** **001**\n\n**Public Administration (Public Sector Communication) Regulations 2018**\n\n**S.R. No. 143/2018**\n\nVersion as at  \n25 September 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe for the purposes of Part 5A of the **Public Administration Act 2004**—\n\n(a) public interest purposes for publication of public sector communication; and\n\n(b) standards for public sector communication; and\n\n(c) advertising standards and advertising requirements for advertising a public sector communication; and\n\n(d) any other matters necessary to give effect to that Part.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 112 of the **Public Administration Act 2004**.\n\n\t3 Definitions\n\nIn these Regulations—\n\n***State purchase contract*** means a whole of government aggregated arrangement for the procurement of certain goods or services commonly used by Victorian public sector bodies;\n\n***the Act***  means the  **Public Administration Act 2004**;\n\n***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**.\n\n\t4 Public interest purposes for publication of public sector communication\n\nFor the purposes of section 97B(2) of the Act, the following are prescribed public interest purposes—\n\n(a) to inform the public of new, existing or proposed public sector policies or projects or Victorian legislation;\n\n(b) to promote public safety, personal security or behavioural change;\n\n(c) to advocate on behalf of Victoria to advance Victoria's position or interests;\n\n(d) to promote awareness of rights, responsibilities, duties or entitlements;\n\n(e) to encourage understanding or use of public sector products and services;\n\n(f) to report on performance in relation to public sector undertakings;\n\n(g) to promote social cohesion, civic pride or community spirit;\n\n(h) to encourage public involvement in decision making by public sector bodies;\n\n(i) to recruit staff;\n\n(j) to promote business opportunities within the public sector;\n\n(k) to promote commercial or economic development within Victoria;\n\n(l) to generate revenue for public sector bodies or for Victoria through consumption of products or services delivered by or in partnership with public sector bodies.\n\n\t5 Public sector communication standards\n\n(1) For the purposes of section 97C(b) of the Act, the following are prescribed public sector communication standards—\n\n(a) the public sector communication does not refer to a political party;\n\n(b) the public sector communication does not include a slogan, image, logo or the branding of a political party;\n\n(c) the public sector communication does not include links to the website of—\n\n(i) a political party; or\n\n(ii) a candidate for election; or\n\n(iii) a member of Parliament;\n\n(d) the public sector communication does not denigrate without grounds individuals, groups or organisations;\n\n(e) the public sector communication does not present statistics or comparisons in a manner that—\n\n(i) is deliberately inaccurate; or\n\n(ii) is deliberately misleading;\n\n(f) the public sector communication does not present information as fact if that information is not reasonably able to be substantiated as fact;\n\n(g) the public sector communication does not name, portray or promote members of Parliament in a manner regarded as excessive or gratuitous.\n\n(2) Despite subregulation (1)(c)(iii), a public sector communication may include links to the social media account of a member of Parliament.\n\n\t6 Public sector communication advertising standard for political party references\n\nFor the purposes of section 97E of the Act, it is a prescribed advertising standard that a public sector communication does not refer to the State, the Parliament or the public sector by reference to—\n\n(a) the name of the leader of a political party; or\n\n(b) the name of a political party.\n\n\t7 Public sector communication advertising standard for promoting services, activities or infrastructure projects\n\nFor the purposes of section 97E of the Act, it is a prescribed advertising standard that a public sector communication does not directly promote services, activities or infrastructure projects for which funding for the development, commencement or delivery of those services, activities or infrastructure projects has not yet been provided.\n\n\t8 Public sector communication for the purposes of conducting an election\n\nDespite regulation 5(1)(a), (b) and (c), the Victorian Electoral Commission, for the purposes of conducting an election, may publish a public sector communication that—\n\n(a) refers to a political party; or\n\n(b) includes a slogan, image, logo or the branding of a political party; or\n\n(c) includes a link to the website of a political party, a candidate for election or a member of Parliament.\n\n\t9 Public sector communication with references to the Premier\n\nDespite regulation 5(1)(c) and (g), a public sector body may publish a public sector communication that—\n\n(a) includes a link to the website maintained by or on behalf of the Premier in the Premier's capacity as Premier; or\n\n(b) names, portrays or promotes the Premier in the Premier's capacity as Premier.\n\n\t10 Public sector communication advertising requirement for purchase of media\n\n(1) For the purposes of section 97E of the Act, it is a prescribed advertising requirement that media placements must be purchased under a relevant State purchase contract for media services.\n\n(2) Despite subregulation (1), a public sector body may advertise or cause to be advertised a public sector communication under a contract other than a State purchase contract in the following circumstances—\n\n(a) the public sector body is purchasing or causing to be purchased a form of media placement that is outside the scope of the relevant State purchase contract; or\n\n(b) the public sector body is purchasing or causing to be purchased a form of media placement that is available as an optional or ancillary service within the relevant State purchase contract; or\n\n(c) no relevant State purchase contract is in place; or\n\n(d) the public sector body is exempt from advertising the public sector communication under the relevant State purchase contract in accordance with regulation 11.\n\n\t11 Secretary may exempt public sector body from advertising a public sector communication under a State purchase contract\n\n(1) Subject to subregulation (2), the Secretary to the Department of Premier and Cabinet may, by notice in the Government Gazette, exempt a public sector body from advertising a public sector communication under a State purchase contract.\n\n(2) The Secretary to the Department of Premier and Cabinet must not exempt a public sector body under subregulation (1) unless the Secretary has consulted the Secretary to the Department of Treasury and Finance.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Public Administration (Public Sector Communication) Regulations 2018, S.R. No. 143/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 112 of the **Public Administration Act 2004**, No. 108/2004 and came into operation on 25 September 2018.\n\nThe Public Administration (Public Sector Communication) Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Public Administration (Public Sector Communication) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to definitively assess scope change as the document provided contains only version history and metadata, with no substantive regulatory text. Based on available information, there is no evidence of scope deviation from the original instrument as made in 2018."},"complexity_factors":["Insufficient legislative text provided to assess full complexity — only metadata and version history are present","Regulations of this type typically involve interplay with the parent Act (Public Administration Act 2004 Vic), adding indirect complexity","Subject matter (public sector communication rules) can involve nuanced distinctions around political neutrality, disclosure obligations, and employment law","Multiple version iterations suggest amendments over time, which can create interpretive complexity"],"plain_english_summary":"The Public Administration (Public Sector Communication) Regulations 2018 set binding rules for how Victorian public servants and government bodies communicate publicly, covering matters like media, social media and disclosure in a way that emphasises neutrality and proper conduct. It affects employees, agencies and anyone relying on official communications — breaching the rules can lead to disciplinary consequences, so it shapes what officials may say or publish in their professional roles."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify the scope of Part 5A of the Public Administration Act 2004 by prescribing public‑interest purposes, content and advertising standards, procurement requirements and narrow exceptions (regs 1–2, 4–11). They do not, on their face, expand the statutory authorisation beyond the Act; they operationalise it with standards and administrative discretion for exemptions."},"complexity_factors":["Cross-references to the Public Administration Act 2004 (notably s 97B, s 97C and s 97E) — interpreting the regulations requires reading both instruments (regs 1–2, 4–7).","Multiple substantive standards with normative terms (eg, \"excessive or gratuitous\", \"reasonably able to be substantiated\") that create interpretive discretion for communicators and reviewers (reg 5(1)(f), 5(1)(g)).","Specific exceptions that alter coverage: Victorian Electoral Commission for elections (reg 8) and Premier-related exceptions (reg 9).","Procurement rule requiring media purchases under State purchase contracts with enumerated exceptions (reg 10), increasing administrative compliance and vendor-management complexity.","Administrative discretion for exemptions vested in the Secretary to the Department of Premier and Cabinet, conditioned on consultation with Treasury (reg 11) — introduces a decision point and consultation requirement.","Defined terms are few and focused (eg, \"State purchase contract\"), but the practical scope depends on external procurement arrangements and what is \"within scope\" of those contracts (reg 3, reg 10).","Overlap between content standards, advertising standards and permitted purposes requires agencies to apply multiple rules concurrently (regs 4–7)."],"plain_english_summary":"These Regulations set when and how Victorian public sector bodies may publish communications. They list permitted public‑interest purposes (eg, informing on policy or safety), impose content standards that ban political party references or partisan branding, and bar advertising that promotes projects lacking approved funding.\n\nMedia placements must be bought under State purchase contracts unless an exception applies. The Secretary (after consulting Treasury) can exempt a body; the Victorian Electoral Commission and the Premier have defined exceptions. Public sector bodies fund and must comply with these procurement and content rules."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of implementing Part 5A of the Public Administration Act 2004. The scope covers public sector communication standards, advertising requirements, and procurement rules as intended by the authorising legislation. No evidence of scope creep or expansion beyond the original statutory mandate."},"complexity_factors":["Only 3 defined terms in the interpretation section (State purchase contract, the Act, Victorian Electoral Commission)","Straightforward structure with 11 regulations, each addressing a discrete topic","Limited cross-referencing — primarily references back to the parent Public Administration Act 2004","Simple conditional logic with clear exceptions (e.g., regulations 8, 9, and 10(2) use basic 'despite' clauses)","No nested exceptions or complex definitional chains","Short length (approximately 6 pages of substantive content)","Clear prescriptive language ('does not refer to', 'must not', 'may') without convoluted qualifiers"],"plain_english_summary":"These regulations set the rules for how Victorian government departments and public bodies can communicate with the public, particularly when it comes to advertising and media campaigns.\n\n**What it does:**\n- **Defines when government can speak to the public**: Lists 12 legitimate reasons for government communication, such as informing people about new policies, promoting public safety, recruiting staff, encouraging civic participation, or generating revenue for government services.\n- **Sets political neutrality rules**: Bans government communications from promoting political parties, using party slogans or logos, linking to party websites, or unfairly criticising individuals or groups. Government ads also can't use deliberately misleading statistics or present unproven claims as facts.\n- **Restricts how the Premier is portrayed**: Limits excessive or gratuitous promotion of the Premier, though allows official links to the Premier's government website.\n- **Controls government advertising spending**: Requires government bodies to buy media placements (TV, radio, print, digital ads) through centralised government procurement contracts called \"State purchase contracts\" — essentially bulk-buying arrangements to get better value for taxpayer money.\n- **Prevents \"announceables\" without funding**: Bans advertising services, activities or infrastructure projects that don't actually have funding allocated yet.\n\n**Who it affects:**\n- All Victorian public sector bodies (government departments, agencies, and authorities)\n- The Victorian Electoral Commission (which gets special exemptions for running elections)\n- The Secretaries of the Department of Premier and Cabinet and Department of Treasury and Finance (who can grant exemptions from procurement rules)\n\n**Why it matters:**\nThese rules aim to stop taxpayer-funded \"government advertising\" from being used as \"party political advertising\" — a common criticism of government communications in election years. They also ensure government bodies get value for money by using bulk purchasing arrangements, while allowing flexibility for specific circumstances (like when a media platform isn't covered by the central contract)."}},"importantCases":[],"_links":{"self":"/api/acts/public-administration-public-sector-communication-regulations-2018","history":"/api/acts/public-administration-public-sector-communication-regulations-2018/history","analysis":"/api/acts/public-administration-public-sector-communication-regulations-2018/analysis","conflicts":"/api/acts/public-administration-public-sector-communication-regulations-2018/conflicts","importantCases":"/api/acts/public-administration-public-sector-communication-regulations-2018/important-cases","documents":"/api/acts/public-administration-public-sector-communication-regulations-2018/documents"}}