8.1 Tabling of and responses to reports
8.1.1 Responses to outstanding parliamentary committee reports should be deferred during the caretaker period for action by the incoming government. Agencies may continue to undertake appropriate preparatory work and consultation at the agency level so that they are in a position to provide advice to the incoming government.
8.1.2 Reports of an administrative nature, such as annual reports, can be tabled out of session during the caretaker period. However, where a report contains information that is likely to be controversial, consideration should be given to whether tabling should be deferred for action by the incoming government.
8.1.3 The PM&C website provides further advice in the Tabling Guidelines.
8.2 Correspondence
8.2.1 The arrangements for handling correspondence during the caretaker period are a matter for individual agencies. In PM&C, the practice is to answer general correspondence during the caretaker period rather than leave it to accumulate. However, ministers usually sign only the necessary minimum of correspondence during the caretaker period. Some correspondence is prepared for signature by ministerial staff or departmental officers instead.
8.2.2 When preparing replies, care should be taken to protect the APS from perceptions of partisanship. Replies should not assume that the Government will or will not be returned to office. References to post-election action are in terms of the ‘incoming government’. Correspondence that requires an explanation of government policy should not commit the Government to post-election action or imply that the policy will continue if the Government is re-elected. Within PM&C it has not been considered sufficient to state only that the matter is one for the incoming government, although a reply might include these words to avoid any implication of continuing policy.
8.2.3 To avoid confusion, and as a matter of courtesy, members of the House who are standing for re-election should continue to be addressed as ‘MP’ until it is known whether they have been re-elected. Newly-elected members should be addressed as ‘MP’ as soon as it is known that they are elected. Members who are not standing for re-election should not be addressed as ‘MP’ following the dissolution of the House.
8.2.4 The same rules apply to senators for the Northern Territory and the Australian Capital Territory, except that territory senators who are not standing for re-election should be addressed as ‘Senator’ until the day of the election.
8.2.5 The terms of state senators expire and begin on 30 June and 1 July respectively, regardless of the date the election is held. Therefore, state senators who are not standing for re-election should continue to be addressed as ‘Senator’ until their terms expire.
8.3 Resources for ministers
8.3.1 During the caretaker period, the provision of Australian Government resources for ministers and their staff should be assessed by agencies on a case-by-case basis. Agencies must not cover claims relating to the election campaign or a political event, as these costs are to be borne by the respective political party. For example, claims that would not be covered include requests for additional laptop computers, tablets or mobile telephones for ministers or their staff, unless there was a demonstrable official purpose.
8.3.2 Claims relating to the management of essential government business can be covered by agencies; for example, to support ministers attending an urgent Cabinet meeting or primarily in connection with their ministerial duties.
8.3.3 In the case of claims that cover a combination of official government and political business, agencies can grant a partial reimbursement to cover government business.
8.3.4 Ministers’ claims for travel allowance, including during the caretaker period, are governed by the Parliamentary Business Resources Act 2017 (the Act). Ministers must ensure that all of their travel expense claims meet the obligations prescribed by the Act, including that the travel is for the dominant purpose of their parliamentary business in accordance with the Parliamentary Business Resources (Parliamentary Business) Determination 2017 and is value for money.
8.3.5 Guidance in relation to public resources for ministers that are administered by the Ministerial and Parliamentary Services in the Department of Finance and the Independent Parliamentary Expenses Authority are available from each agency’s respective website.
8.4 Legislation
8.4.1 Bills that have passed both Houses of Parliament should be assented to by the Governor-General before the dissolution of the House. There is at least one instance – involving a Bill passed in the 1930s – where a Bill received assent after dissolution. However, questions have been raised about the constitutional validity of Acts that receive assent in the period between dissolution and the opening of the new Parliament.
8.4.2 Legislation can be proclaimed during the caretaker period. Proclamations which have a commencement date after the date of the election are generally not made, other than in exceptional circumstances.
8.4.3 The Executive Council usually meets immediately before the dissolution of the House to approve regulations and ordinances, including those made under Acts just assented to by the Governor-General. While it is possible for the Executive Council to approve regulations and ordinances during the caretaker period that do not infringe caretaker conventions, meetings of the Executive Council do not generally occur during the caretaker period except in exceptional circumstances.
8.5 Cabinet documents
8.5.1 Successive governments have accepted the convention that ministers do not seek access to documents recording the deliberations of ministers in previous governments. Cabinet documents are considered confidential to the government that created them.
8.5.2 Electronic access to Cabinet documents provided via CabNet+ will be disabled upon the commencement of the caretaker period for standard departmental users. Cabinet Liaison Officers (CLOs) will retain access to cabinet documents and the ability to distribute them to departmental users on a case-by-case basis, but will be unable to print. DLO and ministerial office staff access will remain unchanged until the election result is known, and will be withdrawn if a change of government occurs.
8.5.3 CLOs and DLOs should take custody of hard copy cabinet documents including Submissions, Memoranda, Agendas, and Minutes (decisions) within their organisation or office for destruction or storage until the result of the election is known.
8.5.4 The CLO should advise the Cabinet Division in PM&C when they have accounted for all hard copy documents and ensured all retained documents are securely stored.
8.5.5 The Cabinet Division of PM&C may issue further procedural guidelines on the handling of Cabinet documents at the commencement of the caretaker period and is the appropriate contact for further advice on such matters. Advice on the security and handling of Cabinet documents is set out in the Cabinet Handbook hosted on the PM&C website.