This Circular is intended to supplement current provisions in the electronic version of the Personnel Handbook (Section 5-10.2) covering public sector employees who intend to stand as candidates in State elections. This advice applies to public servants in Departments 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 102 of the Public Sector Employment and Management Act 2002, section13B of the Constitution Act 1902, section 98 of the Teaching Services Act 1980 and section 92 of the Police Service Act 1990.

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. Attention is drawn not only to the above legislative provisions, but also to provisions of the Model Code of Conduct for NSW public agencies (issued by Premier's Department - May 1997) with respect to political participation:

"Employees must make sure that any participation in party political activities does not conflict with their primary duty as a public employee to serve the government of the day in a politically neutral manner."

It is a requirement for all public sector agencies to have their code of conduct conform with the above. Section 10 of the Code of Conduct and Ethics for Public Sector Executives (issued by Premier's Department - December 1997) also refers to political participation.

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 Force should have regard to the provisions of section 92 (1) of the Police Service Act 1990).

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

C. Gellatly
Director-General