Understanding Caretaker Conventions in Government Ahead of Elections

Caretaker conventions are a set of practices followed by governments before elections to ensure fair governance transitions. These conventions aim to preserve the autonomy of incoming governments, prevent unfair advantages, and maintain political neutrality in the public sector. During the caretaker period, major policy decisions should be avoided, significant appointments postponed, and the government must remain apolitical. The period typically starts when the legislature expires and ends when the election result is clear or a new government is sworn in.

• Caretaker Conventions
• Government Practices
• Election Transition
• Political Neutrality
• Governance

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1. Caretaker conventions: Overview for FOI officers 18 October 2022

2. What are the caretaker conventions? The caretaker conventions are a set of practices followed by governments ahead of an election I should also be glad if you would note that whilst continuing to take whatever action you deem necessary in connection with the ordinary administration of your Department, you should not make decisions on matters of policy or those of a contentious nature without first referring the matter to myself Robert Menzies (1951)

3. Who do the caretaker conventions apply to? Ministers and members of the government Public sector employees

4. Why do we have caretaker conventions? Caretaker conventions are intended to: preserve the autonomy of an incoming government by limiting the current government s ability to act in a way that would bind an incoming government or limit its freedom of action; ensure the State s resources are used appropriately and not to the unfair advantage of the incumbent government; and protect the political neutrality of the public sector.

5. What does this mean in practice? During the caretaker period: the usual business of government continues; the government should avoid: making or implementing major policy decisions that are likely to commit an incoming government; making significant appointments; entering into any major contracts or undertakings intergovernmental negotiations and visits should be appropriately managed; and the Victorian public sector must be, and be seen to be, apolitical.

6. When is the caretaker period? In 2022, the caretaker period will : begin at 6pm on 1 November 2022 when the Legislative Assembly expires (unless it is dissolved earlier); and end either when the election result is clear (if the incumbent government is returned) or when a new government is sworn in (if the government changes)

7. What does this mean for FOI officers? FOI officers should continue to process applications in line with their statutory obligations Agencies may brief the Minister, subject to engagement protocols Cabinet in confidence material kept secure and securely destroyed when no longer requires

8. Further guidance Guidelines on the caretaker conventions (DPC, April 2022) - https://www.vic.gov.au/guidelines-caretaker-conventions Department of Premier and Cabinet (e) caretaker@dpc.vic.gov.au VPSC guidance - https://www.vic.gov.au/guidelines-caretaker- conventions