Guidance on Caretaker Conventions

2. Background and overview of caretaker conventions

2.1 Successive governments have accepted that, during the period preceding an election for the House of Representatives (the House), the Government assumes a ‘caretaker role’. This practice recognises that, with the dissolution of the House, the Executive cannot be held accountable for its decisions in the normal manner, and that every general election carries the possibility of a change of government.

2.2 Dissolution is the term used for the action of ending a Parliament or a House of the Parliament. Under the Australian Constitution, only the Governor-General has the power to take such action. By convention, the Governor-General takes this action only on the advice of the Prime Minister of the day.1

2.3 The caretaker period begins at the time the House is dissolved. Once dissolved, the House no longer exists and elections for the full membership of a new House are held at a general election. The caretaker period continues until the election result is clear or, if there is a change of government, until the new government is appointed by the Governor‑General.

2.4 During the caretaker period, the business of government continues and ordinary matters of administration still need to be addressed. However, successive governments have followed a series of practices – the ‘caretaker conventions’ – which aim to ensure that their actions do not bind an incoming government and limit its freedom of action.

2.5 In summary, the conventions are that the Government avoids:

  • making major policy decisions that are likely to commit an incoming government (see section 3 for further information)

  • making significant appointments (see section 4 for further information)

  • entering into major contracts or undertakings (see section 5 for further information).

These conventions also apply in the context of negotiations and engagements with international governments and dignitaries (see section 6 for further information).

2.6 Following the end of the caretaker period and once a new government is appointed, successive governments have accepted the convention that ministers do not seek access to documents recording the deliberations of ministers in previous governments.

2.7 The conventions support practices that are intended to preserve the apolitical nature of the Australian Public Service (APS) and avoid the use of Australian Government resources in a manner that may advantage a particular political party whilst recognising the need for the day-to-day business of government to continue during the caretaker period (see section 7 for further information).

2.8 It is important to note that government business continues as usual up until the point that the House has been dissolved by the Governor-General. Apart from consultations under the Guidelines for Pre-Election Consultation with the Opposition (see section 9 for further information) there is no ‘pre-caretaker period’.