In case you missed it, Queensland is holding its State General Election on Saturday, 26 October 2024. With the state now having fixed term governments, we have the advantage of knowing that the caretaker period will begin on Tuesday, 1 October 2024.
Caretaker conventions
Caretaker conventions are practices that ensure governments avoid making significant decisions or appointments, implementing major policy, and entering into major contracts during the election period. Although these conventions are not legally binding, successive state and commonwealth governments have accepted the practice.
At a state level, the conventions apply to ministers and public servants, with the responsibility resting on the Premier and the government collectively. Directors-General and chief executive officers therefore have a responsibility to take appropriate actions to ensure that their agencies observe the conventions during the caretaker period.
Adhering to caretaker conventions is essential for maintaining public trust in the political process and for preventing the use of state resources to advantage a particular political party.
To support this, the Queensland Government has published the 2024 Guidelines on Caretaker Conventions (2024 Guidelines). All agencies are required to familiarise themselves with the relevant conventions and practices.
When the caretaker period comes into effect
In Queensland, the caretaker period begins when the Legislative Assembly is dissolved in preparation for the election. For the upcoming election, the caretaker period will commence on 1 October 2024.
The caretaker period ends when:
- the leader of Opposition concedes defeat
- it is clear the government has enough seats to form a government.
If there is a change in government following an election, the caretaker period ends when the incoming government is sworn in.
The duration of the caretaker period can vary depending on how clear and close the election result is. In recent elections, caretaker periods have been extended significantly due to the close results.
Conduct during the caretaker period
The conventions recommend that caretaker governments avoid:
- making significant appointments
- making or implementing major policy decisions likely to commit an incoming government
- entering major contracts or undertakings.
The application of the conventions is not black and white and requires the exercise of judgment and common sense. Understandably, decision makers do not appreciate being put in a position where they need to make those judgements. If there is a chance an issue may not be appropriate for dealing with during the caretaker period, steps should be taken to ensure it is raised and dealt with ahead of time, based on the best possible advice.
Unlike situations where the caretaker period is unknown, it is expected that government business requiring such decisions are able to happen before the caretaker period begins.
Decisions during the caretaker period
Significant appointments should be deferred unless essential. Options to consider include acting appointments, short-term appointments of up to three months, or consulting the Opposition spokesperson if other options are exhausted. This applies to statutory appointments as well.
A "significant" appointment is determined by a series of factors, including:
- the seniority of the position
- the duration of the appointment
- how the appointment is made (e.g. by the Minister or Governor in Council)
- the degree to which the appointment may be a cause of disagreement between election parties.
Appointments to senior executive service, senior officer and equivalent level positions should not be advertised, processed, or offered during this time.
Similarly, entrance into major contracts should also be avoided. To determine what constitutes a 'major' contract or undertaking, agencies should consider:
- the dollar value of the commitment
- the nature of the commitment (e.g. is it routine administration or implementing a contentious policy?)
- the level of approval required (e.g. by a senior public servant, or the Minister).
Grant commitments should not be made, although grants approved before this period can proceed, preferably forwarded by departments rather than ministers.
The 2024 Guidelines also provide a decision-making guide for continuation of activities and include key questions that agencies may need to consider when deciding whether to press ahead with such activities.
Public sector neutrality
The neutrality of the Queensland public sector is outlined in section 4(d)(ii) of the Public Sector Act 2022, which establishes a high-performing apolitical public sector by effective stewardship that maintains accountability, impartiality and integrity. During the caretaker period, government operations continue. However, ministers may not develop new policy initiatives, seek further advice on previous initiatives or request administrative assistance for election-related purposes. Departments may advise on emergent issues requiring a government response in the public interest.
Special limitations
Queensland Treasury employees are restricted from commenting or providing cost estimates on policy proposals of a political party or candidate, except to other Treasury employees, unless specifically authorised by legislation. Departmental liaison officers may continue their roles in assisting ministerial offices but must strictly avoid any activities that could imply political partisanship.
Political and media activity
Public officials must not engage in political activities while on duty, including using departmental resources for political purposes. This is particularly important not only in caretaker periods but also in the pre-election period.
During the caretaker period, public officials must avoid appearing in political advertisements in an official capacity. Public sector employees participating in elections must adhere to the relevant guidelines, including the Guideline for public sector employees contesting elections and the Code of Conduct for the Queensland Public Service, as well as any applicable employing legislation.
Campaign advertising should also cease when the caretaker period commences, unless:
- there is an urgent emerging issue (e.g. flu vaccinations)
- it addresses a social education issue, including road safety campaigns, health campaigns or any emergency service information
- it communicates business-as-usual information.
Communication
Digital communication must be managed carefully to avoid the appearance of political bias. Updates to websites with ministerial content should be factual or policy-related, and live social media feeds should be paused.
Media releases should focus on administrative or factual updates, while intranets and emails should not contain politically beneficial material. Social media accounts should be reviewed, potentially disabling comments or enabling moderation.
The 2024 Guidelines contain some sample messaging for digital platforms to assist those who are dealing with communications during this period.
Practical tips for Queensland public service agencies
To assist you and your agency with navigating this period, we encourage you to read through the Department of the Premier and Cabinet's guidance together with this summary. You can also access our recent discussion with the Hon. Paul Lucas and Ken Smith AO regarding the operation of caretaker conventions from the perspectives of a former Minister and former Director-General here.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
