Advertising campaigns up to $250,000

Even paid boosts on social media and recruitment ads are subject to advertising rules and regulations. Know what rules apply to your campaign and your responsibilities.

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Important changes to regional community advertising requirements

There are changes to requirements and guidance around advertising to regional communities. There is more information further down the page.

Important changes to media agency services arrangements

The Media Agency Services Contract arrangement with the panel of suppliers UM, Atomic212, Wavemaker, Havas and OMD ended on 30 September 2022. Following a rigorous two stage tender process OMD have been awarded the new Media Agency Services contract that commenced on 1 October 2022. All incumbent media agencies are working with OMD to transition all currently planned, booked and live campaigns.

In brief

You are legally required to:

You should also:

Read below for more information.

Complying with the Act, Regulation and  guidelines

Government advertising must be apolitical, which means it can’t be designed to influence support for a political party, minister, member of parliament or candidate. 

In addition to being apolitical, government advertising must be:

  • accurate
  • presented in a fair and accessible manner 
  • in line with branding guidelines
  • sensitive to cultural needs and issues, and reflect the cultural and linguistic diversity of NSW
  • respectful in the portrayal of gender and sexuality 
  • inclusive of people with a disability

These rules are set out in the advertising guidelines (PDF 72.38KB) and legally required under the Government advertising act 2011 and Government advertising regulation 2018. 

The advertising guidelines (PDF 72.38KB) also set out the range of objectives advertising can achieve, as well as the standards and principles you should observe when planning, developing and managing NSW Government advertising campaigns.

CALD and Aboriginal advertising policy

NSW is one of the most culturally and linguistically diverse states in the world. Government advertising must be sensitive to cultural needs and issues, and reflect the cultural and linguistic diversity of NSW.

In addition:

  • At least 7.5 per cent of an advertising campaign media budget is to be spent on direct communications to multicultural and Aboriginal audiences. Spend may be on media or non-media communication activities (e.g. events, participation at cultural festivals, direct mail, competitions and websites)
  • Agencies should also report on these activities as part of the Multicultural Policies and Services Program reporting requirements.
People living with disabilities

There are approximately 1.3 million people with disability in NSW. Awareness of the communication requirements for people with disability is one of the principles covered in the guidelines. 

Under the Disability Discrimination Act 1992, agencies must ensure that people with disabilities have the same fundamental rights to access information and services as others in the community.

Agencies should consider:

  • images that are used in advertising are representative of the NSW population and include people with disabilities where appropriate
  • captioning television and other multimedia advertising, and AUSLAN interpretation for people with hearing impairment
  • accessibility requirements for websites
  • information is designed for people living with intellectual disabilities and available in multiple accessible formats.

The Disability Inclusion Act 2014 requires NSW Government departments and agencies to develop and put in place their own Disability Inclusion Action Plan. Refer to your Disability Inclusion Action Plan when planning a Government advertising campaign. 

Regional communities

Regional NSW communities are an important audience for NSW Government campaigns. 

  • When developing NSW Government advertising campaigns, government agencies must ensure they address the needs of regional and rural communities and consider regional media channels including local community media channels. 

  • For advertising campaigns of relevance to regional and remote communities, NSW Government agencies are required to spend at least 26% of their campaign media expenditure on channels targeting regional audiences. This should include expenditure in independent and local print media.

  • Regional NSW refers to areas of the state outside Greater Sydney, Wollongong and Newcastle.  

Government agency obligations are set out in M2022-12 Advertising in regional media

Tips for effective engagement with regional audiences: 

  • Consider appropriate images and tailored messages and calls to action that will be relevant and resonate with regional communities in the target areas.  
  • Advertising in local and independent media outlets can be effective and efficient. The NSW Government Media Agency Services (MAS) provider OMD can provide expert advice on the suitable media channels to use. 
  • Make clear to the media outlet when disseminating media releases if it is connected to paid advertising placements in that media outlet. They may help with amplification of your messages. 
  • Be informed about the longer publishing lead times and media content deadlines in some regional media outlets to ensure you are providing timely information, especially for specific events.
  • Engage local community-based media to discuss any specific local nuances that may help make communications more effective. This includes regional print outlets, which often play a unique role in their communities by reaching residents who rely on newspapers as their only source of news.
  • Placing advertising in local community-based media (in addition to media releases, media activity and social media) can help ensure local communities are kept informed about government services and information such as: 
    • Events, consultations, and information sessions in their area  
    • Changes or announcements about local government offices and services 
    • Availability of government supports, grants and other programs 
    • Job and business opportunities with government 

Compliance certificates

The compliance certificate is a short statement signed by the head of your agency (unless exempt) that confirms the government advertising campaign:

  1. complies with the Act, Regulation and advertising guidelines
  2. contains accurate information
  3. is necessary to achieve a public purpose and is supported by analysis and research
  4. is an efficient and cost-effective means of achieving the public purpose.

It must be completed before your advertising starts.

You can use our compliance certificate template or prepare your own.

Advertising compliance certificates must be publicly available and (free of charge) on the agency's website.

When is a compliance certificate not needed?

You don’t need a compliance certificate for routine advertising under $250,000 (ex GST) as long as:

What is 'routine advertising'?

Routine advertising is defined in Section 7 of the Regulation as

  • information about routine matters relating to the provision of services, including notification of service changes
  • information about requirements imposed on persons
  • community announcements or notices about community events or activities; 
  • notices or announcements required to be made by or under any law; 
  • recruitment notices
  • government tender or procurement notices.

How to engage NSW Government's contracted media agency

Optimum Media Direction (OMD) manage media planning and buying services for paid advertising placements for all of NSW Government. All paid media campaigns and related media planning/media strategy work should go through OMD.

Key dates to note

  • Monday 19 September 2022 - All new campaign briefs go to OMD
  • Monday 26 September 2022 - All new non-campaign briefs go to OMD

Please direct any questions on the transition of campaigns to your current media agency in the first instance and queries on the MAS transition in general to the campaign performance team.

A good brief is essential

See below for OMD's briefing form.

Aim for a detailed and clear brief that includes:

  • background information
  • brand information
  • possible competitive challenges
  • past learnings
  • campaign objectives
  • target audience
  • broader communications strategy
  • campaign logistics and budget
  • in-market dates and timelines.

Based on your brief and timings OMD will provide suitable service deliverables that include but are not limited to a fully costed media plan.

OMD is remunerated for its services via a flat % fee on the media/activity plan. The same flat fee applies to all media plans/activity regardless of size or type. More info on the OMD contract scope can be found here. 

Contact Optimum Media Direction (OMD)

Choose a communications services provider (for services outside of OMD's scope)

Buyers across NSW Government may be familiar with schemes for potential suppliers, such as the Advertising and Digital Communications Scheme. Scheme members are approved suppliers with proven capabilities to deliver specific goods and services. buy.nsw is the one-stop shop for whole-of-government procurement resources and services. The buy.nsw Supplier Hub is the platform where NSW Government buyers and suppliers can connect. 

Currently, schemes are managed within the eTendering platform. From April 2023, the scheme management functionality in eTendering will be replaced with a scheme module within buy.nsw, making it easier to view and search for approved scheme suppliers, and giving suppliers a more streamlined application process.

In April 2023, all NSW Government Schemes will be frozen to allow for the introduction of the new scheme module within buy.nsw. This means that for a short period of time, suppliers will not be able to submit new applications or resubmit unsuccessful applications in eTender. 

Getting ready

  • Suppliers to submit applications prior to April 2023, before the freeze of eTender. We will review applications prior to the closure of eTender in May 2023.

  • Government buyers to register on the Supplier Hub – this is where you’ll find current information on suppliers for tenders.

  • All Government suppliers, including those currently approved on any Government scheme, will need to be registered on the Supplier Hub as it is now a mandatory requirement. Please encourage any suppliers to do so if they haven’t already. 

The Advertising and Digital Communications Prequalification Scheme (the Scheme) lists prequalified advertising and digital communications service providers across a range of fields, including but not limited to, video production, market research and graphic design.

Key Benefits

  • Makes it easier for NSW Government departments and agencies to source approved suppliers for a range of marketing communications services
  • Gives marketing service providers with relevant and proven expertise the opportunity to deliver work for NSW Government
  • Helps aggregate government spending to ensure value for money.

Types of capabilities

  • market research
  • strategy
  • marketing and campaign services 
  • public relations
  • social media
  • Indigenous communications and engagement
  • CALD communications and engagement
  • visual communications
  • written communications
  • digital communications
  • production


Please refer to the Scheme Conditions (DOCX 102.08KB) for more information about the capabilities and services available for prequalification.

Quotes

Additional to any guidelines specific to your department, the following procurement rules apply when using a service provider on the Scheme:

  • If the cost is between $50,000 and $150,000 you need one quote.
  • If the cost is more than $150,000 you will need three quotes.

Formalise your agreement

We recommend using a standard form of agreement (DOCX 61.68KB) to formalise your agreement with a scheme service provider.

Please check with your Department’s Procurement Team if any procurement rules apply.

Suppliers on the Advertising and Digital Communications Prequalification Services Scheme

If you have a buy.nsw Supplier Hub account and are logged in, you will be able to access to the complete list of suppliers who have been approved for the Advertising and Digital Communication Services Prequalification Scheme.

If you do not have an account, it is quick and easy to register. You can create your account via the Supplier Hub. Please contact theCampaign Performance Team if you require further assistance.

If you contact a supplier on the Scheme, we ask that you please fill out this form upon engagement and/or contracting their services.

Until March 2023, suppliers can submit applications through the eTendering website. After March 2023, suppliers will be required to submit applications through the Supplier Hub. In both instances, a Supplier Hub account will be required to apply. Suppliers can sign up for an account via the Supplier Hub.

Recruitment, procurement and public notices

 

Recruitment 

Speak with your people and culture division before advertising.

If you will be placing the advertisement, contact OMD for advice about media options available, costs, geographical coverage of various newspaper titles, dates of publications, booking deadlines, circulation and readership if needed. 

Public notices

Public notices appear on a weekly basis (Wednesday) in the Sydney Morning Herald and Daily Telegraph.  

Contact OMD for advice about media options available, costs, geographical coverage of various newspaper titles, dates of publications, booking deadlines, circulation and readership if needed.

Procurement

Procurement notices including requests for tender, requests for quote, requests for information and expressions of interest are advertised on the NSW Government e-Tendering website. 

Contact the NSW Procurement Service Centre on 1800 679 289 or email nswbuy@treasury.nsw.gov.au. Press advertising of tenders is discouraged.

Expenditure reporting

The Government advertising team request information about advertising expenditure from government agencies as needed, including estimated forward expenditure and final campaign costs.

An updated report is published (every six months) on our website with details of advertising media expenditure by government agencies. 

We encourage you to publish information about your own advertising programs on your websites. Information may include advertising rationale, objectives, costs and outcomes.

Helpful resources

Need advice?

The NSW Government Communications team can offer advice on government advertising requirements. 

Contact the all of govt advertising team

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