Guidance on Caretaker Conventions

9. Guidelines for pre-election consultation with the opposition

9.1.1 In 1976, the Government tabled Guidelines providing for pre-election consultation with the Opposition. The Guidelines are intended to ensure a smooth transition if an election results in a change of government. The current version of the Guidelines was presented to the Senate on 5 June 1987 and is re-printed at section 9.1.3 of the Guidance.

9.1.2 The Guidelines are distinct from the caretaker conventions and commence on a different date. They apply as soon as an election for the House is announced or three months before the expiry of the House, whichever occurs first.

9.1.3 The Guidelines are as follows:

  1. The pre-election period is to date from three months prior to the expiry of the House or the date of announcement of the House election, whichever date comes first. It does not apply in respect of Senate elections only.
  2. Under the special arrangement, shadow ministers may be given approval to have discussions with appropriate officials of government departments. Party leaders may have other Members of Parliament or their staff members present. A departmental secretary may have other officials present.
  3. The procedure will be initiated by the relevant Opposition spokesperson making a request of the minister concerned who is to notify the Prime Minister of the request and whether it has been agreed.
  4. The discussions will be at the initiative of the non-government parties, not officials. Officials will inform their ministers when the discussions are taking place.
  5. Officials will not be authorised to discuss government policies or to give opinions on matters of a party political nature. The subject matter of the discussions would relate to the machinery of government and administration. The discussions may include the administrative and technical practicalities and procedures involved in implementation of policies proposed by non-government parties. If the Opposition representatives raised matters which, in the judgment of the officials, sought information on government policies or sought expressions of opinion on alternative policies, the officials would suggest that the matter be raised with the minister.
  6. The detailed substance of the discussions will be confidential but ministers will be entitled to seek general information from officials on whether the discussions kept within the agreed purposes.