This Memorandum relates to "Caretaker" Government Conventions and other Pre-election Practices and replaces Premier's Memorandum T2002-6.

A number of conventions that have evolved iThis Memorandum relates to "Caretaker" Government Conventions and other Pre-election Practices and replaces Premier's Memorandum T2002-6.

A number of conventions that have evolved in relation to periods of "caretaker" government should be adhered to in New South Wales. These conventions cover the period leading up to an election. They apply on and from Friday, 2 March 2007, when the Legislative Assembly expires, to the declaration of the election result.

As a general rule, no significant new decisions or initiatives, appointments, or contractual undertakings should be made during this period. Routine government business, however, should proceed as usual.

To assist Ministers the attached outline of the relevant conventions has been prepared. Should any difficulties arise in the application of these conventions in particular circumstances, Ministers should contact the Director-General, Premier's Department, except when the matter relates to Cabinet conventions, in which case the Director-General, The Cabinet Office, should be contacted.

Please ensure that all agencies within your portfolio are advised of these conventions.

Morris Iemma
Premier

Please note: No electronic version available of T2002-06

"CARETAKER" GOVERNMENT CONVENTIONS AND OTHER PRE-ELECTION PRACTICES

Successive Commonwealth and State Governments have accepted over the years that special arrangements should apply in the period immediately before an election. Governments assume a "caretaker" role during this period to ensure that decisions are not taken which would bind an incoming Government and limit its freedom of action.

The formal period during which the "caretaker" conventions operate dates from the expiration of the Legislative Assembly until the election result is clear, or, in the event of a change of Government, until the new Government is appointed.

The general rule is that routine government business should continue during this period, but there are some important qualifications to this:

Appointments

Ministers should avoid, wherever possible, making significant appointments during the "caretaker" period. In particular, appointments, which are potentially controversial, should be avoided. When an appointment must be made, there is the option of making an acting or short-term appointment.

Major Contracts and Agreements

During the "caretaker" period, the Government should avoid entering into major contracts or undertakings which have not previously been announced or for which tenders have not been called, especially those commitments which would be politically contentious.

Operation of Agencies

During the "caretaker" period, Ministers should take particular care to ensure that they do not compromise the neutrality of the Public Service. Material concerning the normal day to day business of government is supplied to Ministers in the usual way.

During the election period, Ministers should continue to attend to essential correspondence. Other correspondence may be attended to by agencies.

Consultation by Non-Government MPs with Agency Officers

As is normally the case, requests by non-Government members of Parliament to consult with agency officers must be made through the relevant Minister.

Ministers should draw to the attention of agency officers that they might comment on the practicalities of implementing and administering Opposition or other non-Government member's policies, but should not discuss Government policies. Ministers must be advised of when discussions are to take place and the general nature and scope of those discussions.

Cabinet Documents

As Ministers are aware, Cabinet documents are confidential and are not to be made available to succeeding Governments drawn from different political parties. Accordingly, Ministers should ensure that all Cabinet documents are accounted for and properly stored ready for return to The Cabinet Office in the event that there is a change of Government.

Legislation

It is the practice for Bills which have passed through Parliament to be assented to by the Governor before the expiration of the Legislative Assembly.

The Executive Council will meet as usual during the "caretaker" period to consider routine matters of Government business.