Keypoints

Attachment Contesting elections – frequently asked questions.

Public sector employees are expected to be aware of and comply with the ethical obligations that arise as well as any legislative requirement affecting their employment if they intend to stand as a candidate in an election at any level of Government.

‘Contesting elections – frequently asked questions’ addresses the legislative and policy issues arising where a public sector employee wishes to contest an election at any level of government. The document also describes the differences between nomination and pre selection as a candidate.

The legislative provisions in the Public Sector Employment and Management Act 2002 for resignation and reappointment in Federal elections (section 103) and leave of absence in State elections (section 102) apply to all public sector agencies including State Owned Corporations.

Code of Conduct

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.”

Public sector employees are not permitted to engage in activities of a party political nature whilst on duty. Any candidate or person intending to stand should also ensure that when making any political comments whilst not on duty, that they are not identified in any way as acting or speaking in their capacity as a public sector employee.

Public sector employees should also consider any specific provisions of their agency’s Code of Conduct affecting employment.

The general obligations on public sector employees contesting elections are:

• Avoid conflicts of interest;
• Avoid misuse of official information or resources;
• Make no party political comment whilst on duty; and
• Undertake duties in politically neutral manner.

Brendan O’Reilly
Director General