This detailed comparison of the caretaker provisions in all Australian jurisdictions throws up some interesting observations about management of the caretaker conventions. The tendency has been to add detail and advice as new issues emerge and need to be dealt with. Caretaker conventions were originally designed as a limited guidance for ministers on how to behave during an election campaign. The management of the updating of the guidances has since passed to the public service. Reflecting Australia’s ‘talent for bureaucracy’, this transition has seen an increase in the codification of behaviour and in the complexity of the documents
The documents have also taken on a hybrid nature of providing advice to both ministers and public servants on how to deal with the other during the caretaker period. Both sides seek to constrain the behaviour of each other and this leads to some confusion as the guidances are giving advice for different audiences for particular issues. Despite increased codification, the real challenge in dealing with issues during the caretaker period still relies on judgement at both the political and public sector level. Political judgement is required not to request the public service to undertake work which would compromise its impartiality. The public service must exercise judgement in ensuring it does not undertake work that would give the incumbent party an unfair advantage. The increase in prescriptive advice is an attempt to replace reliance on judgement with clear guidelines against which the behaviour of ministers and public servants can be acquitted. However, each election throws up new and unforseen challenges and such an approach does not overcome the need for judgement to be exercised by senior staff.
Despite some local variations, the caretaker convention guidelines in all Australian jurisdictions remain clear about the principles behind the documents and the behaviour that derives from those principles. Given the caretaker period lasts for around 33 days every three to four years, the challenge for future versions is to maintain their intent and simplicity.