2026 Guidelines on the Caretaker Conventions Frequently asked questions

Overview

What are caretaker conventions?

The caretaker conventions apply in the lead up to the State election, during what is known as the ‘caretaker period’. The conventions allow for the business of government to continue and for ordinary matters of public administration to be addressed, while ensuring the government does not make certain decisions or take certain actions including:

implementing major policy decisions (see Guidelines, [18] – [22])
making significant appointments (see Guidelines, [23] – [29])
entering into major contracts and undertakings (see Guidelines, [30] – [34])

What are the Guidelines?

The Guidelines contain guidance prepared for the Victorian public sector to assist in the application of the caretaker conventions, and cover how the public sector is to perform its role during the caretaker period. The Guidelines can be accessed at https://www.vic.gov.au/guidelines-caretaker-conventions. The Guidelines are the starting point for understanding the caretaker conventions.

Who do the Guidelines apply to?

The Guidelines have broad application and apply to all Victorian public sector employees, except for those employed by exempt bodies. A list of exempt bodies can be found in section 4 of the Public Administration Act 2004. However, although the Guidelines do not strictly apply to employees of exempt bodies, the obligation for those employees to remain apolitical in their duties, and related obligations deriving from the Public Administration Act 2004 and the Victorian Public Sector Commission codes of conduct, still apply.

When does the caretaker period commence?

The caretaker period is the period between the expiration of the Legislative Assembly (or, if it is dissolved earlier, from that date) and the time when it becomes clear the government has been returned or the time when a new government is commissioned. The caretaker period for the 2026 Victorian election will likely commence at 6:00pm on Tuesday, 3 November 2026, as this is the date on which the Legislative Assembly will expire under the Constitution Act 1975.

Can the caretaker period commence on a public holiday?

Although Tuesday 3 November 2026 is a public holiday in Victoria (Melbourne Cup Day), the caretaker period can commence on that day.

Major policy decisions

Can the government make announcements during the caretaker period?

Yes. The conventions apply to the timing of the implementation of major policy decisions. Announcing a policy is not implementing that policy, and would not bind an incoming government. Accordingly, the government is free to make announcements, provided they do not action them during the caretaker period.

Can freedom of information decisions be made during the caretaker period?

The ordinary business of government which can continue during the caretaker period includes the processing of FOI requests. The practice of Ministerial noting of FOI decisions will be subject to relevant protocols for engagement between the public sector and Ministers.

Can grant agreement processes continue in the usual way in the lead up to and during the caretaker period?

Grant agreement processes (including applications, reviews and executions) may continue in the usual way until the start of the caretaker period. Once the caretaker period commences, many aspects of the administration of grant programs can still continue. Payments under existing grant agreements may be made, and applications may be received and considered.

However, during the caretaker period, care should be taken in assessing whether the creation of a grant program, or execution of grant agreements would involve the government ‘implementing major policy decisions’ or entering into ‘major contracts and undertakings’ and therefore be inconsistent with the caretaker conventions.

For more information see [18] – [22] and [30] – [34] of the Guidelines.

Can consultation with the public occur during the caretaker period?

Consultation activities may be necessary in a range of scenarios – for example, in relation to development of new regulations, policy preparation, or preparation of a submission responding to an inquiry. Consultation activities can continue during the caretaker period, provided:

the consultation can be done in a way that preserves the apolitical status of the Victorian Public Sector (VPS)
the consultation does not require entry into a major contract or undertaking, or for the government to implement major policy, and
engagement with the relevant Minister's office is not required.

If consultation activities are undertaken during caretaker, only factual information should be provided, and information should not be presented in a way that appears to promote or criticise the government or any other political party or their policy positions.

For more information see [18] – [22] and [30] – [34] of the Guidelines.

Engagement between the public sector and Ministers

My Minister has requested advice from my public sector body during the caretaker period. Can I provide this advice?

During the caretaker period, Ministers and their advisors may not request public sector bodies to develop new policy initiatives (or to provide further advice on policy initiatives the subject of previous advice). This does not prevent a public sector body from advising on responding to emergency situations or other urgent and unforeseen matters. Any uncertainty over whether or not it is appropriate to provide advice to your Minister should be escalated within your public sector body. Any request for advice should be made in accordance with the relevant engagement protocol, and if this appears not to have occurred, it should also be escalated.

My Minister has asked for an event briefing and other logistical support for a local event. Can I provide this assistance?

Ministers may continue to request factual material necessary for the day-to-day working of government from public sector bodies during the caretaker period in the usual way. This is consistent with the principle that during the caretaker period, the business of government should continue and ordinary matters of administration should be addressed. However, public sector employees should not provide administrative assistance or material if the predominant purpose for the assistance relates to the election rather than the ongoing business of government. Such requests should be declined and the Minister should be advised of the reason. If this does not resolve the matter, you should consult with DPC.

Any uncertainty over whether the request relates to the election should be escalated within your public sector body, and DPC can also provide advice.

For more information, please see [99] – [102] of the Guidelines.

Engagement with non-government political parties

What is involved in consulting with the Opposition?

Generally, where the Guidelines indicate that consultation with the Opposition should occur, consulting would include:

the responsible Minister setting out the proposed action and why it is considered necessary during the caretaker period
inviting the Opposition to provide their views, giving them a reasonable time to do so, and
if there is a response (within the timeframe), giving real consideration to any views expressed by the Opposition.

The consultation process may commence with a letter from the responsible Minister to the Leader of the Opposition. Consultation should not be initiated by a public sector body.

For consultation to be meaningful or sufficient, it should allow for the opportunity for the proposed action to be reconsidered by the government if valid concerns are raised by the Opposition. However, this requirement to consult does not require the government to obtain the endorsement of the Opposition.

The Leader of the Opposition has written to my Secretary requesting a briefing. Can we facilitate this?

There are specific protocols dealing with engagement with non-government political parties. These protocols require that:

public sector bodies should not consult with non-government political parties without prior approval from the Premier and the relevant Minister, and
public sector bodies are to be represented by the relevant public sector body Head, (if the public sector body is not a department, the relevant department Head,) and a representative of DPC nominated by the DPC Secretary.

Consult the relevant protocols or contact DPC if you require further assistance with this.

Use of public sector premises

Are there different requirements when public sector premises are hosting an official government function compared to hosting a political party function?

Yes. Unlike an official government function, an official function or public event of a political party (such as a media conference) does not require:

an invitation to be extended to other candidates or members of other political parties (see the Guidelines, [75]), or
a briefing to be provided to the Premier and the relevant Minister (see the Guidelines, [79]).

What kind of support can VPS staff provide when public sector premises are hosting an official government function or a political party function?

Public sector employees can facilitate or host ordinary official government functions but should avoid engaging in any political dialogue (see Guidelines, [81]).

For a function or event of a political party, public sector staff should only provide the minimum level of logistical support necessary to ensure that the function or event can proceed (see the Guidelines, [88]). Public sector staff must ensure that they remain, and are seen to remain, apolitical. They may advise candidates or political parties of any proposed activities or actions that they cannot perform (see Guidelines, [87]).

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