63 The Caretaker Period What is the caretaker period? In Australia when a federal election is called, the House of Representatives, and usually half the Senate, is dissolved and the government enters a ‘caretaker period.’ This caretaker period lasts until the election result is clear or a new government is appointed. During the caretaker period the government refrains from making any major decisions. The caretaker period recognises that every general election could mean a change of government and thus that no major undertakings should be agreed to by this government which could commit the incoming government. The caretaker period does not mean that the government stops working. Normal administrative work of every department continues during the caretaker period. However, no new major undertakings are commenced or agreed to during the caretaker period. What are caretaker conventions? ‘Caretaker conventions’ are a series of practices that governments follow to ensure that any action undertaken by the government does not commit an incoming government. The conventions are not legally binding, nor are they ‘hard and fast rules.’ They are conventions which are applied using judgment and common sense. During the caretaker period, the government avoids: a) making major policy decisions that are likely to commit an incoming government; b) making significant appointments; and c) entering into major contracts or agreements. The conventions also establish practices aimed at protecting the public service’s impartiality and preventing the Australian Public Service being used to benefit a particular party during the election campaign. What if a major decision needs to be made? If necessary, a government can make significant policy decisions and appointments during the caretaker period by consulting and getting the consent of the opposition. For instance, in the past, governments have granted urgent drought assistance to farmers during election campaigns because they had the support of the opposition. What about election promises? The conventions apply to decisions made by government, not to election commitments. Therefore, it is acceptable for a prime minister to announce, for instance, that if re-elected the government will spend money on a project or program. However, under the caretaker conventions, the government cannot commit to spend the money or begin the process of creating the project until after the caretaker period ends. The conventions also prevent the broadcast or distribution of government advertising that might be seen as political. Government advertising during caretaker period is generally noncontroversial in nature. Examples include defence force recruitment, Australian Electoral Commission messages or public health announcements. When were caretaker conventions established? Caretaker conventions have evolved over time and are now an important part of Australia’s system of government. The first record of them being used was in 1951, when Prime Minister Robert Menzies wrote to all ministers after the House of Representatives had been dissolved for the federal election, and asked them not to make significant policy decisions without consulting the prime minister. By 1961, the practice of the prime minister reminding ministers to refrain from making major policy announcements or important appointments following the dissolution of Parliament had become standard practice. Is ‘caretaker period’ the same as a ‘caretaker government’? No. The term word ‘caretaker’ is also used to refer to governments that have specifically been appointed with the understanding they will perform only a caretaker role. One such example is the first government of Malcolm Fraser, which was appointed on 11 November 1975. The new government, appointed as a result of the dismissal of the Whitlam ministry, lacked a majority in the House of Representatives. The government was appointed on the specific understanding it would make no appointments or significant policy decisions and thus filled a traditional ‘caretaker’ role. What about caretaker prime ministers? Australia has had three prime ministers who are considered to have been ‘caretaker prime ministers’ because they were acting in the position until the government elected a new leader. All three – Earle Page, Frank Forde and John McEwen, assumed the position after the death of their predecessors. However, although they are known as ‘caretaker’ leaders, the federal government was operating normally under their leadership. Did you know? When the House of Representatives is dissolved: o all proceedings pending come to an end—that is, all business on the Notice Paper lapses o Members of the House cease to be Members, although those who renominate continue to receive their allowances up to and including the day prior to the day fixed for the election. Ministers, however, continue in office and the Speaker is deemed to be Speaker for administrative purposes until a Speaker is chosen in the next Parliament o any sessional or other such non-ongoing orders or resolutions cease to have effect and o all House committees and joint committees established by Act or resolution cease to exist. Sources House of Representatives Practice (6th Ed) Online: http://www.aph.gov.au/about_parliament/house_of_representatives/powers_practice_and_proced ure/practice6 ‘Guidance on Caretaker Conventions’, Department of Prime Minister and Cabinet Online: http://www.pmc.gov.au/guidelines/docs/caretaker_conventions.rtf Further Reading Tiernan, Anne, Caretaker Conventions in Australasia: Minding the Shop for Government, Centre for Governance and Public Policy, Griffith University, ANU E-Press, 2007 Online: http://epress.anu.edu.au/anzsog/caretaker/html/frames.php
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