This circular confirms the arrangements where public sector employees intend to stand as candidates for election either at State or Federal level. Both the Commonwealth Constitution Act 1900 and the Constitution Act 1902 (NSW) provide that a person cannot hold an office of profit under the Crown and be capable of sitting in either House of Parliament. This means public sector employees cannot remain employed in the public sector and be elected to either State or Federal Parliament. Additionally the Commonwealth Constitution Act 1900 expressly provides that a person holding an office of profit under the Crown cannot contest Federal elections - that is to nominate as a candidate. There are specific legislative arrangements where public sector employees intend to contest elections. Additionally the Model Code of Conduct for NSW Public Sector Employees (issued May 1997) and the Code of Conduct and Ethics for Public Sector Executives (issued December 1997) at section 10 make reference to political participation. In particular the Model Code of Conduct states: '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.' Contesting State elections Section 102 of the Public Sector Employment and Management Act 2002 ('the Act') outlines the arrangement for public sector employees, including employees of State Owned Corporations, contesting State elections. Public sector employees nominated for election are to be granted a leave of absence until the election is declared; The leave of absence is without pay, unless the employee applies to use available leave entitlements; and Public sector employees standing for election are not required to resign until elected. In order to avoid any potential conflict between political interests and public employment it is preferable for public sector employees take the leave of absence for election campaigning purposes from the day of nomination for election. Contesting Federal elections Section 44(iv) of the Commonwealth Constitution Act 1900 provides that a person cannot hold an office of profit under the Crown and be capable of being chosen or sitting as a senator or member of the House of Representatives. This means public sector employees cannot be nominated for election to the Federal Parliament unless they resign. Section 103 of the Act provides for the re-appointment of public sector employees including employees of State Owned Corporations who have resigned to contest Federal elections where: The resignation in writing takes effect no more than 3 months before the date appointed for election; The resignation includes notice that the person intends to become a candidate for election; and the person does becomes a candidate, but fails to be elected; and seeks in writing re-appointment within 2 months of the declaration of the election results. If a public sector employee is re-appointed, the person is taken to have been on leave without pay during the period between the resignation and re-appointment and to have never resigned from employment. Should you have any inquiries please contact Cathy McInnes on 9228 3598. C GellatlyDirector-General ________________________________________________________ partly superseded by C2007-32 in relation to contesting Federal Elections