The Abbott government's advertising campaign to counter myths about proposed higher education reforms fell short of being objective and fair, an audit has found.
As well, the government proceeded with television, radio and print ads despite legal concerns which were kept from the secretary of the education department.
The latest Australian National Audit Office report into government advertising found the ads, aired in 2014 and 2015, did not directly address the issue of student fees or how key policy setting would impact on the cost of undergraduate degrees.
The campaign stated that the Australian government will continue to pay for around half of undergraduate degrees.
The department indicated the government was contributing on average almost 60 per cent of undergraduate degrees in 2014.
Its modelling showed the proposed changes would result in an average Commonwealth contribution of almost 43 per cent in 2018, but it included some students subject to existing arrangements.
According to the audit office, the department's data and modelling supports the campaign statement for the first year (2016), with students subject to the existing arrangements taken into account.
"However, the statement is not as strongly supported in the subsequent years, and for all new students to whom the reforms were to apply," it said.
"The statement could also have been misinterpreted by potential students and their families because, at the individual level, the government's contribution to different courses varies considerably."
Two key legal issues were also raised when the education department sought advice on the ads:
* The potential for a constitutional challenge, if aired before the legislation was passed.
* The potential for two statements - including how much the government was contributing to fees - to mislead target audiences and breach consumer law.
The advice on the latter stated: "You will need to ensure that the level of Australian government support for each undergraduate degree is not less than 47 per cent as any amount less than 47 per cent may not be considered 'around' 50 per cent."
Statements of compliance, which were prepared to inform the secretary's certification of the campaign, left out the concerns, the audit office found.
The office also criticised the lack of performance targets for the campaign, which meant it was not possible to gain an insight into its overall effectiveness and value for money.
New education department secretary Michele Bruniges said she had made it very clear her requirements on advice for advertising campaigns.
That included having the full legal advice attached and the risks highlighted in recommendations sent to her to sign off.
"I have taken very affirmative action to make sure I'm explicit in what my requirements are," Dr Bruniges told a Senate estimates hearing.
Education Minister Simon Birmingham said the issues being discussed were historical.
The higher education policy in the ads was no longer government policy and the department had a new secretary.
