State Government employees who wish to exercise their right as citizens to
nominate as candidates in the 2 March 1996 Federal election should be aware of
the following requirements.
Section 44 (iv) of the Australian Constitution says that:-
Any person who.., holds any office of profit under the Crown... shall be incapable of
being chosen or of sitting as a senator or a member of the House of Representatives.
This has been interpreted to mean that Government employees must resign from
their positions before they can nominate for election to the Commonwealth
The New South Wales Public Service (Commonwealth Elections) Act 1943
provides that officers who resign from the public service within three months of
the polling date, stating their intended candidacy as the reason for their resigna-
tion, are entitled to be reappointed should they fail to be elected, at a remunera-
tion and under conditions that are not less favourable than before.
They must apply for reappointment within two months of the declaration of the
poll, and satisfy any requirements of their particular superannuation fund. In
these circumstances they will be deemed to have continuous service and to have
been on leave without pay during the election period.
[Note that, under the New South Wales Constitution (Public Service) Amend-
ment Act 1916, there is no need for Government employees to resign before
contesting State elections.]
Please bring this circular to the attention of officers within your agency. Any
enquiries may be directed to John Howard on 02 9228 4770.