Requests from ministerial offices during an election campaign can be a source of conflict and uncertainty between the government and the bureaucracy. It is often an area where the government tries to push the advantages of incumbency and exert pressure on what had been a responsive bureaucracy. The elements of advice from the guidance documents are consistent in how to deal with requests from ministerial offices. During the caretaker period, departments are restricted to giving factual advice—not policy advice—to ministerial offices. It is acknowledged that ministers can determine the use to which the material can be put, with both Tasmania and the ACT stating that factual material can be incorporated into speeches or political publications. The majority of jurisdictions have a caveat on the supply of information based on the Commonwealth guidance which suggests it is appropriate to decline a request if it requires ‘the use of significant resources and was clearly for use in an election campaign’ (DPMC 2004, p. 8).

The majority of guidances remind officers to avoid any perception of partisanship in their dealings with ministerial offices and the sensitivity of this interaction is acknowledged by advising that any concerns should be referred to the department’s CEO or to the CEO of the central agency. It is accepted that the level of judgement required with regard to some requests should not be the responsibility of a junior officer. The South Australian Government, for example, recommends establishing special arrangements for communication with the ministerial office to be put in place through the office of the CEO (SA Cabinet Office 2005, p. 6). This would enable agencies to operate at arm’s-length from political activity while the ongoing business of government continues. The NSW memorandum is written to provide guidance for ministers rather than the bureaucracy and asks ministers to ‘take particular care to ensure that they do not compromise the neutrality of the public service’ (Premier of NSW 2006).

Once again it is stressed that the day-to-day business of government continues. The Commonwealth, Victorian and Tasmanian guidances all acknowledge that given the potential for urgent domestic or international issues to arise, advice should be provided to protect Australia’s or the State’s interests. This is particularly relevant in the areas of Federal responsibility for defence and national security where international crises and circumstances mean Australia could be in a position of needing to agree on a new policy during a caretaker period.