Public servants contesting elections

Not all jurisdictions cover this issue within their caretaker conventions—rather it is generally the subject of a separate directive. The Commonwealth, Victoria, Western Australia and the Northern Territory each warn that public officials should not use agency resources to support their personal political aspirations, and provide advice on how public speaking engagements should be managed. New South Wales and the ACT offer no guidance on either issue.

The Queensland guidance states that public servants are entitled to contest State elections. They are not required to resign, but must take leave during the campaign. The details of managing leave provisions are subject to a separate directive. This process differs from the South Australian process which requires officers to resign before the date of the declaration of the poll. If the candidate is unsuccessful they can be reappointed and the break in service deemed as leave without pay. Tasmanian candidates do not have to resign and are entitled to leave without pay but if they are elected their position is automatically terminated.

The Australian Constitution states that people cannot be chosen if they hold an office of profit under the Crown (s. 44 (iv)). Therefore public servants, amongst others, must resign before nomination. But the Public Service Act 1999 (Cwlth) (and the earlier 1922 Act) protects their positions if they are not successful (s. 32). This provision also applies when a public servant contests an election for a State parliament.