Open Government Review of Australia

Annex A. Non-exhaustive mapping of legislation relevant to citizen participation in Australia

Australia has a substantial legislative basis for citizen and stakeholder participation. Rather than being established through a single overarching participation law, requirements are distributed across Commonwealth and state and territory legislation and cover areas ranging from regulatory policy and environmental decision making to service delivery, local government and First Nations people. These provisions establish a statutory basis for how citizens and stakeholders can contribute to public decision making and, in some cases, set minimum requirements concerning how participation should be conducted.

As illustrated in Figure A A.1, most OECD Member countries have introduced legal provisions promoting citizen participation across the public sector at the national level. These provisions can help establish minimum participation guarantees, support consistent practice across government, provide a basis for the development of frameworks and co-ordination mechanisms, and strengthen the mandate of public officials and external actors who champion participation.

Figure A A.1. Availability of legal provisions regarding citizen and stakeholder participation in OECD countries (2020)

Note: N=38. The figure represents percentages of OECD countries including types of legislative provisions related to citizen and stakeholder participation.

While an in-depth analysis of Australia’s legislative environment for participation is beyond the scope of this assessment, the main statutory provisions relevant to citizen and stakeholder participation are summarised below. This mapping highlights considerable diversity in terminology, scope and procedural requirements. Statutes variously refer to “public comment”, “submissions”, “representations”, “consultation” and “community engagement”, and requirements concerning notice periods, the consideration of input, feedback and reporting also differ. This diversity and potential overlaps reflect the sector- and context-specific nature of the legislation reviewed, developed over time to respond to distinct policy areas and regulatory contexts.

Commonwealth-level legislation

Cross-government, regulatory and democratic processes

• Legislation Act, 2003: Requires rulemakers to undertake appropriate and reasonably practicable consultation before making a legislative instrument, including with persons or bodies likely to be affected by the proposed instrument. It provides that those likely to be affected should have had an opportunity to comment. It also requires that the explanatory statement accompanying a legislative instrument set out the nature of any consultation undertaken or explain why consultation was not undertaken. Examples of consultation include public submissions or participation in public hearings on the proposed instrument (Government of Australia, 2003[1]).

• Public Service Act, 1999: Establishes the six APS core values, including that the Australian Public Service remains open and accountable to the Australian community under the law and within the framework of ministerial responsibility. By embedding openness and accountability as core principles, the provision supports conditions for participation by requiring APS to operate transparently and in a manner that enables the public to scrutinise, engage with, and contribute to government processes (Government of Australia, 1999[2]).

• The Public Governance, Performance and Accountability Act 2013 (PGPA Act) establishes the overarching legislative framework for governance, accountability and performance of Commonwealth entities, setting high-level principles and duties, whereas the PGPA Rule 2014 provides the detailed operational and procedural requirements needed to implement those principles in practice, including specific administrative obligations, reporting arrangements, and supporting provisions that give effect to the Act’s general framework:

  • PGPA Act, 2013: Establishes a coherent system of governance and accountability across Commonwealth entities, including requirements relating to performance and the proper and effective use and management of public resources. It provides for the collection, use, and publication of information on the performance of Commonwealth entities and requires accountability to Parliament. By requiring entities to report on their performance and make information publicly available, the Act helps ensure a level of transparency that enables the public to access information on government activities and outcomes (Government of Australia, 2013[3]).

  • PGPA Rule, 2014: Establishes the National Commission for Aboriginal and Torres Strait Islander Children and Young People and the National Indigenous Australians Agency as listed entities for the purpose of the finance law and outlines their mandates. The purpose of the National Commission for Aboriginal and Torres Strait Islander Children and Young People includes undertaking consultation with Aboriginal and Torres Strait Islander children, young people, and their families, as well as ensure their voices are reflected in advice to the government. The National Indigenous Australians Agency's purpose also includes consulting on the delivery of community development employment projects and generally building and maintaining partnerships with Aboriginal and Torres Strait Islander people to inform government priorities (Government of Australia, 2014[4]).

• Parliamentary committee procedures: Citizens can engage in the work of parliamentary committees by submitting written contributions in response to committee inquiries. Committees may also hold public hearings, where witnesses present evidence, clarify their views, and respond to questions, allowing for the consideration of diverse perspectives.

• Commonwealth Electoral Act, 1918: Provides that it is the duty of every eligible elector to vote at each election. Adopted at the Commonwealth level in 1924. Failure to vote without a valid and sufficient reason constitutes an offence under the Act (Government of Australia, 1918[5]).

• Referendum (Machinery Provisions) Act, 1984: Establishes the statutory framework for the conduct of referendums in Australia, including the submission of proposed laws to electors and the administration of the voting process (Government of Australia, 1984[6]).

• Bill of Rights, 1689: The Bill of Rights establishes petitioning the Parliament as a fundamental right of citizens. Petitioning Parliament is the only direct means through which an individual or a group can request Parliament to take action, with all other processes necessitating communication through a parliamentary representative (member or senator) or a parliamentary committee.

Economic regulation and market governance

• Productivity Commission Act, 1998: Defines the right of the Commission to engage in consultation with any party deemed relevant, to receive written or oral information and submissions, and hold public seminars and workshops in performing its functions. The Act also stipulates that the conduct of inquiries, including the notice of hearings, the procedure at hearings, and written statements, be made publicly accessible, to ensure engagement and transparency (Government of Australia, 1998[7]).

• Competition and Consumer Act, 2010: Requires public consultation by the Secretary of Department when designating sectors or declaring actions to which the consumer data right applies – that is, when determining which sectors and data-sharing activities are brought within the consumer data right framework. Consultation must occur through one or more means of engagement, including public commentary on information available on the Department website. It also requires consultation prior to the development of consumer data rules, through one more ways, including public commentary on information published on the Department website. The Act also specifies that the National Electricity Rules or a provision of the Rules must be published to allow for submissions by the public on the Rules or provision for consideration (Government of Australia, 2010[8]).

• Telecommunications Act, 1997: Provides for public consultation on industry standards by requiring the Australian Communications and Media Authority (ACMA) to invite written feedback from the public on drafts of industry standards or proposed variations. The Act requires ACMA to consider public comments when determining or amending industry standards (Government of Australia, 1997[9]).

• Broadcasting Services Act, 1992: Mandates that the ACMA must provide for public consultation during the Commercial Radio Codes registration process (Government of Australia, 1992[10]).

Social policy and service delivery

• National Disability Insurance Scheme Act, 2013: Establishes an Independent Advisory Council to provide advice on its own initiative or at the request of the National Disability Insurance Agency's board on the National Disability Insurance Scheme, supporting the independence and social and economic participation of people with disabilities, and facilitating greater community inclusion for people with disabilities, among other topics. The Act requires that a majority of members of the Advisory Council are persons with disability, with at least two members who are carers of people with disability, at least one of the members who is a person who has skills, experience or knowledge in relation to disability in rural or regional areas, as well as at least one of the members who is a person who has skills, experience or knowledge in the supply of equipment, or the provision of services, to people with disability (Government of Australia, 2013[11]).

• Aged Care Act, 2024: Defines the legal basis for developing good practice models for engaging registered providers and aged care workers in consultation with people accessing funded aged care services and their supporters. In addition, the Act sets a requirement to establish the Aged Care Quality and Safety Advisory Council, which is responsible for collecting data and other information through stakeholder engagement and consultation to fulfil the Advisory Council's functions (Government of Australia, 2024[12]).

First nations and indigenous rights, heritage, and land

• Aboriginal and Torres Strait Islander Heritage Protection Act, 1984: Provides that, before making a declaration for the preservation or protection of an area, object, or class of objects from a threat of injury or desecration, the Minister may consult relevant persons. It also requires the Minister, when dealing with Aboriginal remains, to make reasonable efforts to consult with members of the Aboriginal community who may have an interest in the remains (Government of Australia, 1984[13]).

• Native Title Act, 1993: Establishes the basis for public commentary on proposed agreements regarding the restoration of native title over park areas in cases of prior extinguishment (Government of Australia, 1993[14]).

Environment, natural resources and sustainability

• Water Act, 2007: Requires public consultation on the development and amendment of Basin Plans. The includes obligations for the Authority to publish a proposed Basin Plan and invite the public to make submissions. The Act also provides for the publication of submissions received on the website and requires the Authority to take those submissions into account. It further requires public consultation on adjustments to sustainable diversion limits. The Authority must also be prepared to produce a document summarising all submissions received and how they were addressed, for online publication. In addition, public submissions must be sought where the Authority proposes amendments to, or undertakes a review of, a Basin Plan (Government of Australia, 2007[15]).

• Environment Protection and Biodiversity Conservation Act, 1999: Requires the Minister to circulate proposed recovery or threat abatement plans in each State and territory and publish a notice inviting written commentary on the plan. All public feedback on proposed recovery or threat abatement plans in response to commentary invitations must be taken into consideration by the Minister. Prior to making, varying, or revoking national environmental standards, the Minister must also invite and consider public comment on the draft. Furthermore, before making, varying, or revoking national environmental standards that relate to engagement with Indigenous communities, the Minister must consult with the Indigenous Advisory Committee to provide comments. The Act established the Indigenous Advisory Committee, whose members are appointed by the Minister and must be Indigenous persons, with two members (one male and one female) serving as co-chairs. The Committee’s functions are to advise the Minister on matters relating to the operation and objectives of the Act, the environment, and policies, plans and programmes made under the Act. In carrying out its functions, the Committee must take into account the significance of Indigenous peoples’ knowledge in the management of land, sea, airspace and water, and in the conservation and sustainable use of biodiversity. The Act also requires opportunities for public comment on draft terms of reference and reports regarding the list of specimens suitable for import (Government of Australia, 1999[16]).

• Environment Protection Reform Act, 2025: Mandates public consultation prior to the development or variation of protection statements by requiring the publication of the draft protection statement or variation on the Department website for public comment. Similarly, before making rulings or variations on a ruling, the Minister or CEO must make drafts accessible on the Department or NEPA websites, respectively, and invite comments from the public through an official notice. Public feedback in all cases must be considered (Government of Australia, 2025[17]).

• National Greenhouse and Energy Reporting Act, 2007: Public consultation is required when deciding whether safeguarding rules necessitate amendment to achieve their outcomes and concerning the content of any such amendments. Reviews of the operation of this Act and its legislative instruments by the Climate Change Authority must also provide for public consultation (Government of Australia, 2007[18]).

• Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations, 2023: The Regulations mandate that in preparing environment plans, the titleholder must consult relevant authorities, groups, or individuals, or any other stakeholder considered relevant, whose interests and activities may be impacted by the implementation of the environment plan. Relevant parties must be provided with sufficient information by the titleholder to make an informed assessment of possible consequences within a reasonable time period. A report on all consultations, including a summary of each response by relevant stakeholders, an assessment of objections and claims, the titleholder's response, and a copy of the full text of each stakeholder response, is required. Furthermore, the Regulations establish that when publishing a seismic or exploratory drilling environment plan on its website, NOPSEMA must invite written comments from the public on the plan, which are subsequently communicated back to the titleholder for consideration and potential modification of the plan prior to resubmission (Government of Australia, 2023[19]).

• Fisheries Management Act, 1991: Stipulates that prior to determining a plan of management for a fishery, the AFMA must prepare a draft plan and invite public commentary and representations on it (Government of Australia, 1991[20]).

Normative frameworks for citizen participation at the subnational level in Australia

At the subnational level, the legislative landscape for participation differs from the Commonwealth level in that participation is more systematically embedded in state and territory local government legislation, alongside sector-specific provisions. Given Australia’s federal system, states and territories operate under their own legislative frameworks, resulting in distinct approaches to citizen and stakeholder participation across jurisdictions. As seen below, several frameworks establish structured requirements for participation, including the development of policies, principles and, in some cases, mandating for deliberative processes and accountability requirements. This diversity creates opportunities for mutual learning across jurisdictions and levels of government, particularly where states and territories have developed more detailed approaches. Stronger co-ordination and exchange between Commonwealth, state and territory governments could help disseminate effective practices and promote greater coherence in participation standards, while preserving the flexibility required by Australia’s federal system.

Primary statutes

• New South Wales, Local Government Act 1993: Includes provisions that establish a framework for citizen participation in local governance in New South Wales. It sets out guiding principles encouraging councils to engage with their communities, particularly through planning and reporting processes. It also requires councils to adopt and implement a community engagement strategy to involve the local community in the development of plans, policies and programmes (New South Wales Government, 1993[21]).

• Victoria, Local Government Act 2020: The Local Government Act 2020 in Victoria establishes a comprehensive and structured legal framework for citizen participation in local governance and is a global example of good practice in embedding deliberative engagement at the subnational level.

  It requires local councils to adopt and maintain a community engagement policy, developed in consultation with the municipal community, thereby embedding participation directly into local governance processes rather than treating it as a discretionary practice. This policy must apply across key council functions, including the making of local laws, budgeting, and policy development, ensuring that participation is integrated into core decision-making areas.

  The Act also sets detailed requirements for how engagement is designed and implemented. Councils must specify the type and form of engagement used, taking into account the significance and complexity of the issue, and establish processes for communicating the outcomes of engagement to the community. Importantly, it requires the inclusion of deliberative engagement practices for major strategic instruments such as community visioning, council plans, financial plans, and asset management plans, thereby strengthening the role of public input in long-term planning.

  In addition, the legislation codifies community engagement principles that set minimum standards for meaningful participation. These include clarity of objectives, access to timely and relevant information, representativeness of participants, appropriate support to enable informed engagement, and transparency about how community input will influence decision making. The Act is further complemented by public transparency obligations requiring councils to make information accessible and understandable, and to proactively publish key documents, thereby reinforcing openness alongside participation. Together, these provisions illustrate a comprehensive legislative model that integrates consultation, deliberation, and transparency within local governance (Parliament of Victoria, 2020[22]).

• Queensland, Local Government Act 2009: Includes provisions setting out the principles that underpin the operation of local government in Queensland. The Act requires all persons performing responsibilities under it to act consistently with these principles, including transparent and effective decision making, democratic representation, social inclusion, and meaningful community engagement. These principles guide how local governments exercise their functions and ensure that actions taken under the Act promote accountability, good governance, and community participation in decision-making processes (Queensland Government, 2009[23]).

• South Australia, Local Government Act 1999: Includes provisions to establish a framework for citizen participation in local government in South Australia. It provides for the creation of a community engagement charter, setting out principles to ensure that community members have timely and meaningful opportunities to access information and participate in council decision-making processes. In particular, the charter emphasises that information should be accessible and presented in plain language, that participation methods should be proportionate to the significance and impact of decisions and foster constructive dialogue, and that communities should, where reasonable, be informed about how their input has been considered and the reasons underpinning council decisions. The charter “may specify mandatory requirements; and set out principles and performance outcomes” for consultation and participation across different types of council activities. The Act also requires councils to adopt a community engagement policy consistent with the charter, including provisions for how they will conduct consultation and participation. It further requires councils to undertake public consultation when adopting or amending such policies, and to inform communities about how their views have been considered in decision making (Government of South Australia, 1999[24]).

• Western Australia, Local Government Act 1995: Includes provisions setting out the intended outcomes of the local government framework in Western Australia. It identifies greater citizen participation in local government decisions and affairs as a key objective of the Act, alongside improved decision making, accountability, and efficiency. Within this framework, community participation is not limited to a specific procedural requirement but rather operates as a broad normative principle informing local government practice. It underpins the way councils are expected to engage with residents in the exercise of their responsibilities, including in decision making processes that affect local communities (Government of Western Australia, 1995[25]).

• Tasmania, Local Government Act 1993: Includes provisions establishing obligations for community participation in local governance in Tasmania. For instance, it requires councils, in performing their functions, to consult, involve and be accountable to the community. In operational terms, the Act places specific duties on councils in relation to strategic planning processes. This includes an obligation to conduct community consultation in the preparation of strategic plans, and to make proposed plans publicly available for inspection, thereby ensuring opportunities for community input into long-term planning and decision making (Tasmanian Government, 1993[26]).

• Northern Territory, Local Government Act 2019: Includes provisions establishing a requirement for community participation in local governance in the Northern Territory. It requires councils to promote and support “constructive participation” by their local communities, framing community involvement as an element of achieving effective local government (Northern Territory Government, 2019[27]).

• Australian Capital Territory, Primary Act 2023: Includes provisions establishing a framework for public participation in planning in the Australian Capital Territory. It requires the planning system to provide opportunities for public participation in the development of planning strategies, policies, and development assessments. The Act also sets out principles of good consultation, specifying that engagement should be accessible, balanced, inclusive, meaningful, resourced, respectful, timely, transparent, and understandable, and provides detailed guidance on how these principles are to be applied to ensure that community views are genuinely considered and incorporated into planning decisions (Australian Capital Territory Government, 2025[28]).

Sectoral laws – Selected good practice examples

• Queensland, Hospital and Health Boards Regulation 2023: Includes provisions establishing a comprehensive framework for clinician, consumer, community, and health equity engagement in Queensland’s Hospital and Health Services. It requires services to develop and implement clinician engagement strategies that set objectives, define consultation methods with a diverse range of health professionals, identify key clinical issues, and report on the effectiveness of engagement. It also mandates consumer and community engagement strategies to ensure participation in service planning, delivery, and evaluation, with particular attention to populations at risk of poor health outcomes or with limited access to services. Additionally, it requires health equity strategies focused on improving outcomes for Aboriginal and Torres Strait Islander people, including eliminating discrimination, increasing access, promoting culturally safe care, and supporting collaborative decision making. In this sense, health equity provisions are closely connected to participation, as they require working with Aboriginal people and Torres Strait Islander People communities and organisations to design, deliver, monitor and review health services. The provisions ensure that engagement strategies are aligned with broader organisational objectives, national and state standards, and other relevant policies, and that outcomes of consultation are publicly reported and integrated into service planning and delivery (Queensland Government, 2023[29]).

• Victoria, Statewide Treaty Bill 2025: Includes provisions establishing a permanent representative body for First Peoples in Victoria and creating a legal framework for negotiated treaties between the State and Indigenous groups. It provides for participation that goes beyond consultation, as it is not limited to soliciting views or input on government decisions, but instead creates mechanisms for shared decision making through legally recognised negotiation processes. It enables Indigenous peoples to act as formal negotiating partners and establishes representative institutions with deliberative roles to support shared decision making and governance (Parliament of Victoria, 2025[30]).

References

[28] Australian Capital Territory Government (2025), Planning Act 2023, https://www.legislation.act.gov.au/a/2023-18/.

[17] Government of Australia (2025), Environment Protection Reform Act 2025, Department of Climate Change, Energy, the Environment and Water, https://www.legislation.gov.au/C2025A00068/asmade/text.

[12] Government of Australia (2024), Aged Care Act 2024, Department of Health, Disability and Ageing, https://www.legislation.gov.au/C2024A00104/latest/text.

[19] Government of Australia (2023), Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023, Department of Industry, Science and Resources, https://www.legislation.gov.au/F2023L00998/asmade/text.

[4] Government of Australia (2014), Public Governance, Performance and Accountability Rule 2014, Department of Finance, https://www.legislation.gov.au/F2014L00911/latest/text.

[11] Government of Australia (2013), National Disability Insurance Scheme Act 2013, Department of Health, Disability and Ageing, Department of the Treasury, https://www.legislation.gov.au/C2013A00020/latest/text.

[3] Government of Australia (2013), Public Governance, Performance and Accountability Act 2013, Department of Finance, https://www.legislation.gov.au/C2013A00123/latest/text.

[8] Government of Australia (2010), Competition and Consumer Act 2010, Attorney-General’s Department, https://www.legislation.gov.au/C2004A00109/latest/text.

[18] Government of Australia (2007), National Greenhouse and Energy Reporting Act 2007, Department of Climate Change, Energy, the Environment and Water, https://www.legislation.gov.au/C2007A00175/latest/text.

[15] Government of Australia (2007), Water Act 2007, Department of Climate Change, Energy, the Environment and Water, https://www.legislation.gov.au/C2007A00137/latest/text.

[1] Government of Australia (2003), Legislation Act 2003, Department of the Prime Minister and Cabinet, https://www.legislation.gov.au/C2004A01224/latest/text.

[16] Government of Australia (1999), Environment Protection and Biodiversity Conservation Act 1999, Department of Climate Change, Energy, the Environment and Water, https://www.legislation.gov.au/C2004A00485/latest/text.

[2] Government of Australia (1999), Public Service Act 1999, Department of the Prime Minister and Cabinet, https://www.legislation.gov.au/C2004A00538/2018-12-29/text.

[7] Government of Australia (1998), Productivity Commission Act 1998, Department of the Treasury, https://www.legislation.gov.au/C2004A05326/latest/text.

[9] Government of Australia (1997), Telecommunications Act 1997, Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, https://www.legislation.gov.au/C2004A05145/2014-06-24/text.

[14] Government of Australia (1993), Native Title Act 1993, Attorney-General’s Department, Department of the Prime Minister and Cabinet, https://www.legislation.gov.au/C2004A04665/latest/text.

[10] Government of Australia (1992), Broadcasting Services Act 1992, Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts, https://www.legislation.gov.au/C2004A04401/2005-07-01/text.

[20] Government of Australia (1991), Fisheries Management Act 1991, Department of Agriculture, Fisheries and Forestry, https://www.legislation.gov.au/C2004A04237/latest/text.

[13] Government of Australia (1984), Aboriginal and Torres Strait Islander Heritage Protection Act 1984, Attorney-General’s Department, Department of Climate Change, Energy, the Environment and Water, https://www.legislation.gov.au/C2004A02943/latest/text.

[6] Government of Australia (1984), Referendum (Machinery Provisions) Act 1984, https://constitutionnet.org/sites/default/files/Referendum.pdf.

[5] Government of Australia (1918), Commonwealth Electoral Act 1918, Department of Finance, https://www.legislation.gov.au/C1918A00027/latest/text.

[24] Government of South Australia (1999), Local Government Act 1999, https://www.legislation.sa.gov.au/_legislation-documents/lz/c/a/local-government-act-1999/current/1999.62.auth.pdf.

[25] Government of Western Australia (1995), Local Government Act 1995, https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_49169.pdf/$FILE/Local%20Government%20Act%201995%20-%20%5B07-ar0-00%5D.pdf?OpenElement.

[21] New South Wales Government (1993), Local Government Act 1993, https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1993-030.

[27] Northern Territory Government (2019), Local Government Act 2019, https://legislation.nt.gov.au/Legislation/LOCAL-GOVERNMENT-ACT-2019.

[30] Parliament of Victoria (2025), Statewide Treaty Bill, https://content.legislation.vic.gov.au/sites/default/files/bills/601210bi1.pdf.

[22] Parliament of Victoria (2020), Local Government Act 2020, https://content.legislation.vic.gov.au/sites/default/files/2025-02/20-9aa024-authorised.pdf.

[29] Queensland Government (2023), Hospital and Health Boards Regulation 2023, https://www.legislation.qld.gov.au/view/whole/html/2025-05-06/sl-2023-0100?.

[23] Queensland Government (2009), Local Government Act 2009, https://www.legislation.qld.gov.au/view/whole/html/current/act-2009-017.

[26] Tasmanian Government (1993), Local Government Act 1993, https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1993-095.