The trend to transition from convention to legislated practice has a range of implications for those involved with government decision-making. At present, conventions are a moral and mutually reciprocal obligation acknowledged by most political players. Because they have not been subject to legal interpretation conventions have been able to evolve and adapt to changing circumstances and political values. There is concern that those most at risk from legal action are likely to be public sector officials caught in the crossfire of partisan politics.

A desire for formal embodiment of sanctions in legislation could reflect concerns about the efficacy of self-regulation and the willingness of government to adhere to a voluntary restraint not to abuse power. The move towards a more formal restraint on the power of incumbency would see the ‘gentlemen’s agreement’ of mutual obligation changed to one of seeking advantage through legal action.