Introduction

What is the ‘caretaker period’?

1. The ‘caretaker period’ is the period of time preceding the State election when the government assumes a caretaker role as the business of government continues and ordinary matters of administration still need to be addressed.
2. The need for a caretaker period reflects that:

• at every State election there is the possibility of a change of government
• the incumbent government should not act in a way that would bind an incoming government or limit its freedom of action
• while Ministers retain their executive responsibility, given the expiry or dissolution of the Legislative Assembly, the government cannot be held accountable for its decisions in the normal manner.

When is the caretaker period?

3. The caretaker period is the period between the expiration of the Legislative Assembly (or, if it is dissolved earlier, from that date) and either the time when it becomes clear the government has been returned, or the time when a new government is commissioned.
4. In 2026, the caretaker period will likely start on 6.00pm on Tuesday 3 November 2026. This is because this is the last date on which the Legislative Assembly will expire under the
   Constitution Act 1975. The caretaker conventions may commence at an earlier time if the Legislative Assembly is dissolved sooner.
5. The time at which the caretaker period ends will depend on the election outcome.
6. If the government is returned, the caretaker period ends when that result becomes clear, that is:

• when the Leader of the Opposition concedes defeat, or
• when it is clear the government has won sufficient seats in the Legislative Assembly to form government.

7. If the incumbent government is required to form a minority government, the caretaker period ends when public statements have been made which confirm an agreement for the formation of a minority government, or if necessary, following a vote in the Legislative Assembly which confirms that the government can guarantee supply and confidence.
8. If the government changes following an election, the caretaker period ends when the incoming government is sworn in.

What are the ‘caretaker conventions’?

9. The practices followed by successive governments in conducting government business during the caretaker period are known as the ‘caretaker conventions’. The conventions are not legally binding, nor are they hard and fast rules. When applying the conventions in individual cases, common sense and judgment are required.
10. Most government business should continue in the usual manner throughout the caretaker period. However, during the caretaker period certain government action, decision making and engagement with the public sector should be modified or not occur. The 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
• protect the political neutrality of the public sector.

11. In summary, the caretaker conventions are directed to ensuring that, during the caretaker period:

• the government avoids implementing major policy decisions that are likely to commit an incoming government
• the government avoids making significant appointments
• the government avoids entering major contracts or undertakings
• intergovernmental negotiations and visits are appropriately managed
• the apolitical nature of the public sector is maintained.

Requirement for the public sector to comply with the caretaker conventions

12. Although the caretaker conventions do not have legislative force, public sector employees who fail to adhere to the conventions may nonetheless breach their legislative and common law employment obligations.
13. Public sector employees are required by the Public Administration Act 2004 and Codes of Conduct to remain apolitical and avoid, in the course of their work, involvement in political activities, not just during an election period. Breach of these obligations could lead to disciplinary action or a finding of misconduct.
14. Public sector body heads should take appropriate action to ensure that the public sector bodies for which they are responsible observe the caretaker conventions during the caretaker period, unless to do so would conflict with legal obligations.
15. Although the caretaker conventions are not legally binding on Ministers, they have normative force given that they derive from constitutional practice and custom. For Ministers and members of the government, adherence is ultimately the responsibility of the Premier and government collectively.

Operative period and impact of the caretaker conventions

16. The caretaker conventions do not apply until the commencement of the caretaker period. Accordingly, they have no impact on the way that the public sector performs its work until that time, subject to the need for the public sector to plan its work to account for an upcoming caretaker period.
17. Once the caretaker period has commenced, the public sector is required to continue to administer the government’s existing policies in their current form. The public sector should not attempt to pre-empt the outcome of an election and should not modify its administration of government policy in anticipation of a change of government.