From box-ticking to trust-building: enhancing integrity in public consultation
Too often, government consultation is treated as a box-ticking exercise – yet it sits at the heart of legitimacy, accountability and public trust. This paper shows how public consultation integrity can deliver better decisions and reduce the disproportionate influence of vested interests, but only when consultation is genuine, accessible and done early – before outcomes are locked in.
Drawing on an audit of Commonwealth law, the paper identifies 129 federal statutes containing 340 consultation provisions, spanning high-impact portfolios including environment, health, Indigenous affairs and workplace relations.
The report finds recurring failures: predetermined 'performative' consultations, unequal access (where well-resourced actors are privileged), inadequate time and information, weak analysis and poor reporting back. It also flags a troubling rise in closed-door consultation through non-disclosure agreements, which can obscure who is being heard and why.
The key critique is structural: Australia has a 'patchwork' of uneven, often unenforceable consultation duties, with limited oversight. The paper recommends a major reform package: a Commonwealth Public Consultation Act and an independent Office of Public Consultation to set standards, run a whole-of-government consultation portal, audit practice and handle complaints.
