Related Matters

Consultation

116. Compliance with the caretaker conventions may require a Minister to consult with the Opposition – for example, when circumstances require implementation of a major policy decision or making a significant appointment during the caretaker period.
117. If it is necessary to consult, the Minister may consult directly with the Opposition (for example, by letter to the Leader of the Opposition) or may direct the relevant department to consult with the Opposition.
118. Consultation involves:

• providing the Opposition with details of the proposed action and an explanation as to why it needs to occur during the caretaker period
• inviting the Opposition to provide their views, and giving the Opposition reasonable time to do so
• giving real consideration to any response provided by the Opposition.

119. Consultation does not require the Government to obtain the endorsement of the Opposition to the proposed action.

Tabling of and Responses to Reports

120. Responses to outstanding parliamentary committee reports should be taken up with the incoming government. Public sector bodies may, however, undertake appropriate preparatory work and consultation at the public sector body level so that they are in a position to provide early advice to the incoming government.
121. Where the government is required by law to respond to a report by a date during the caretaker period, the government should ensure that a response is made before the commencement of the caretaker period.

Financial Entitlements for Ministers, the Leader of the Opposition and the Leader of the Third Party

122. It has been a longstanding convention that Ministers do not claim travel allowances from the day of the Premier’s campaign launch to the day after polling day. The only exceptions are where Ministers travel for Cabinet meetings or primarily in connection with their Ministerial duties/portfolio responsibilities.
123. An additional vehicle for the Leader of the Opposition and, if applicable, a Leader of a Third Party (as defined in the Parliamentary Salaries, Allowances and Superannuation Act 1968 (PSAS Act)) will be provided on request during the caretaker period. ‘Third party’ is defined under the PSAS Act as a recognised party which consists of eleven members at least of the Parliament. The Leader of the Opposition and, if applicable, a Leader of a Third Party may also charter aircraft for themselves during the election period. Such charters need to be approved by the Premier on a case-by-case basis and the relevant Leader is to be notified of approval or non-approval in each case. Forty-eight hours’ notice of the intended date of use of aircraft is required.
124. Under the PSAS Act, Members of Parliament must be aware of, and comply with, guidelines issued by the Victorian Independent Remuneration Tribunal (MP Guidelines) about the use of certain parliamentary allowances and the Electorate Office and Communications Budget (EO&C Budget). The MP Guidelines include specific prohibitions on the use of the EO&C Budget for electoral purposes.

Legislation, Executive Council and Cabinet

Legislation

125. Bills that have passed both Houses of Parliament should be assented to by the Governor before the expiry or dissolution of the Legislative Assembly. The past practice of Governors has been not to provide Royal Assent after expiry or dissolution.
126. Legislation is also not proclaimed during the caretaker period other than in exceptional circumstances.

Executive Council

127. The Executive Council usually meets immediately before the dissolution to approve regulations and Orders in Council, including those made under Acts just given Royal Assent.
128. There are no scheduled Executive Council meetings during the 2026 caretaker period. However, Special Executive Council meetings may be sought under exceptional circumstances, following approval from the Premier and Governor of Victoria. The Executive Council will meet every Tuesday up until the commencement of the caretaker period.
129. If exceptional circumstances do present themselves, the relevant Ministerial office must liaise with the Premier’s private office to seek initial approval that a special meeting of the Executive Council can be called. Upon receiving that approval, the Deputy Secretary of the relevant department must contact the Deputy Secretary, Public Administration, DPC to discuss the item, providing justification for the urgency and necessity, and request that the Clerk of the Executive Council arrange a special meeting.

Cabinet

130. Cabinet rarely meets during the caretaker period and will normally only do so if the items to be considered can be put into effect consistently with the caretaker conventions. Cabinet will not normally meet until after the election and when the caretaker period is over. However, Cabinet (or a committee of Cabinet) may continue to meet during the caretaker period as necessary to consider matters relevant to any ongoing State-significant emergency situation. This is to ensure that Victoria appropriately responds to the emergency.
131. Further, it would be appropriate for the government to recall the relevant committee of Cabinet dealing with security or emergency management issues during the caretaker period, if necessary (e.g., in the event of a natural disaster). It would also be appropriate for the Premier to continue to sit on the National Cabinet to consider matters relevant to responding to any national emergencies.

Cabinet and Other Documents

132. Cabinet documents are the property of the State and must be dealt with properly as public records, in accordance with the Public Records Act 1973. Successive governments have accepted the convention that Ministers do not seek access to documents recording the deliberations of Ministers in previous governments.
133. Cabinet documents, in particular, are considered confidential to the government that created them. In this context, DPC’s Cabinet and Governance Branch, on behalf of the DPC Secretary, is responsible for the custody of Cabinet documents during the Caretaker period. Cabinet and Governance Branch will provide public sector bodies with advice regarding custody requirements to ensure secure storage until the election result is known.
134. If Cabinet documents are required in the day-to-day administration of a public sector body during the caretaker period, at the discretion of the DPC Secretary, documents may be kept within secure conditions in the public sector body.
135. Cabinet and Governance Branch may issue further procedural guidelines on the handling of Cabinet documents before or at the commencement of the caretaker period, as well as on the management of Cabinet documents once the election result is known. Departments should obtain advice regarding Cabinet document management from their Cabinet and Executives Services team in the first instance, with escalation to Cabinet and Governance Branch if needed.
136. In relation to other documents, should a government not be returned, official (as distinct from party and personal) documents are public records and are to be kept in accordance with the requirements of the Public Records Act 1973. These documents cannot be destroyed except as provided for under the Act and relevant standards issued by the Keeper of Public Records.

Forms of Address

137. Upon the expiry or dissolution of the Parliament, members of the expired or dissolved Legislative Assembly and Legislative Council will cease to be Members of Parliament (MPs).
138. Ministers will continue to hold their position as Minister until they resign their position or a new Ministry is sworn in.
139. However, as a matter or courtesy and to avoid confusion, the following practices should be adopted when addressing members during the caretaker period:

• MPs who are standing for re-election should continue to be addressed as ‘MP’, ‘MLA’ or ‘MLC’ until it is known whether they have been re-elected.
• Newly elected members should be addressed as ‘MP’ ’MLA’ or ‘MLC’ as soon as it is known that they are elected.
• MPs who are not standing for re-election are not to be addressed as ‘MP’, ‘MLA’ or ‘MLC’ following the expiry or dissolution of the Legislative Assembly and Legislative Council.