This Circular is intended to supplement the current provisions in the Personnel Handbook (Section 9.2 ) covering public servants who intend to stand as candidates in State elections. This advice applies to public servants in Departments and Administrative offices, as well as other public sector employees, such as those employed in statutory authorities.

The legislative provisions which are relevant to the position of public sector employees or officers contesting State elections include section 13B of the Constitution Act, the Constitution (Public Service) Amendment Act 1916, The Teaching Services Act 1980 (s. 98) and the Police Service Act 1990 (s. 92).

When a public sector employee is standing for election to State Parliament, he or she is not required to resign until declared elected. However managers should advise employees who are intending to nominate as candidates, to consider appropriate leave arrangements to cover the election period. In this regard, attention is drawn not only to the above legislative provisions, but also to provisions of the NSW Code of Conduct Policy and Guidelines (issued by Premier's Department) with respect to political participation:

"public servants need to ensure that their participation in political matters does not bring them into conflict with their primary duty as public servants to serve the government of the day in a politically neutral manner."

In order to avoid potential conflict between political interests and public employment, it would be preferable for employees to take leave for election campaigning purposes from, and including, the day of nomination for the election. (Members of the Police Service should have regard to the provisions of s. 92 (1) of the Police Service Act).

Leave may be taken with or without pay, depending on the employee's preference and entitlements available.

C Gellatly
Director-General

Contact: Timothy Nice, Personnel Policy Division
Telephone: (02) 228 5744
Date: 24 February 1995