Pre-election consultation with the Opposition

Most jurisdictions have quite detailed and prescriptive advice on how the public sector should handle consultations with the Opposition. The focus of the advice is on the government restraining and limiting the bureaucracy in its dealing with non-government parties. This differs from the general focus of the guidance documents which is based on giving the bureaucracy support and advice in constraining the behaviour of the incumbent party.

A very similar process is outlined in each guidance document, with the exception of Tasmania which is silent on the issue. The accepted procedure is for the Opposition spokesperson to make application to the minister, who then forwards it either to the Prime Minister or Premier for consideration. In the Commonwealth ministers decide whether to agree or not, and then advise the Prime Minister of the request and the decision. Guidance documents stress that the approach must come from the non-government parties, not officials. The scope of the meeting is limited to machinery of government and technical issues: it is stressed that officials are not authorised to discuss government policy or give opinions. The discussions are confidential but ministers are entitled to enquire whether the meeting kept within the agreed purposes. It is worth noting that the Commonwealth, Victoria and Queensland governments apply a different commencement time to the process of consultation with the Opposition than the application of the more general caretaker conventions. Consultation can commence in the pre-election period which occurs either three months prior to the expiry of the House of Representatives (Commonwealth) or the date the election is announced—whichever date comes first.

There are some differences between jurisdictions. For example, in Queensland an official from the Department of the Premier and Cabinet sits in on the meeting with the departmental CEO. Queensland is also quite specific that no special material should be prepared and that only existing material such as annual reports or program statements should be made available. Western Australia has slightly reversed the process in that the Opposition approaches the minister who then refers it to the CEO. The CEO is then responsible for advising the minister when discussions have taken place: the minister then advises the Premier.

The Commonwealth guidance notes that consultation guidelines are different from caretaker conventions. As noted, the guidelines were first tabled in the House of Representatives in December 1976. These initial guidelines allowed direct approaches to departments by Opposition spokespeople. They were subsequently amended. The new guidelines were presented to the Senate on 5 June 1987. Consultation with the Opposition remains a contentious issue, with some senior public servants concerned that shadow ministers may see briefings as opportunities to score points on their opponents through their portfolio agencies.