Guidance on Caretaker Conventions

3. Major policy decisions

3.1.1 During the caretaker period, governments avoid making major policy decisions that are likely to commit an incoming government. Whether a particular policy decision qualifies as ‘major’ is a matter for judgement. Relevant considerations include the significance of the decision in terms of policy and resources, but also whether the decision is a matter of contention between the Government and Opposition in the election campaign.

3.1.2 The conventions do not apply to promises on future policies that the party in government announces as part of its election campaign (election commitments).

3.2 Decisions taken but not announced

3.2.1 The conventions apply to the making of decisions, not to their announcement. Accordingly, the conventions are not infringed where decisions made before the dissolution of the House are announced during the caretaker period.

3.2.2 However, where possible, decisions should be announced ahead of dissolution if their announcement is likely to cause controversy, which may distract attention from the substantive issues in the election campaign.

3.2.3 Care should be taken to ensure that Australian Government resources are not used to make announcements that involve partisan activities.

3.3 Unavoidable decisions

3.3.1 If circumstances require the Government to make a major policy decision during the caretaker period that would bind an incoming government, the minister would usually consult the Opposition spokesperson beforehand. In the past, for example, the Government has agreed to provide urgent financial assistance to drought-affected areas following consultation with the Opposition.

3.3.2 In circumstances when the responsible minister consults the Opposition, that consultation should involve an explanation of why the proposed action is considered necessary during the caretaker period and an opportunity to explore different courses of action. The Opposition should be provided with an appropriate amount of time to consider the issue. The minister should ensure the Opposition spokesperson is aware that their views are being sought. While the minister should consider any suggestions made by the Opposition, the minister is not required to reach agreement with the Opposition before proceeding.

3.3.3 See section 9 of the Guidance for advice regarding the Guidelines for Pre-Election Consultation with the Opposition.