Caretaker Conventions in Australasia
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Caretaker Conventions in Australasia
Minding the Shop for Government
Table of Contents
Author Profiles
Acknowledgements
Foreword
List of abbreviations and acronyms
Chapter 1. Introduction
Chapter
2. What are conventions?
Morality, obligation and reciprocity
Chapter
3. Origins of caretaker conventions
Breaches and sanctions in the caretaker period
Caretaker conventions — guidelines and application
Australia
Documentation and guidance
Local government
New Zealand
Chapter
4. When do the conventions apply?
Commencement of the conventions: Australian Commonwealth
New Zealand
Local government
Caretaker conventions after an election
Four year fixed terms
Conclusion
Chapter
5. Caretaker conventions: an overview of Australian jurisdictions
Avoiding major policy decisions
Signing Medicare funding agreements 1993
Deploying Defence personnel to Iraq in 2004
Moratorium on significant appointments
Avoiding signing major contracts, undertakings and agreements
Negotiations with other governments and official visits
Dealing with requests from ministerial offices
Restrictions on advertising and information campaigns
Use of internet and electronic communications
Using the public service for policy costings
Use of agency premises
Pre-election consultation with the Opposition
Non-finalised legislation
Meetings of Executive Council
Meetings of Cabinet
Cabinet and other documents
Correspondence
Public servants contesting elections
Other issues
Grants
Statutory authorities
Travel
Tabling and responses to reports
Conclusion
Chapter
6. Caretaker conventions: an overview of New Zealand and local government arrangements
New Zealand
Transitional arrangements
Decision-making during the caretaker period
Government formation
State Servants, Political Parties and Elections
Local Government Requirements
Conclusion
Chapter
7. Forces influencing the observance of caretaker conventions
Adversarialism and partisan contest
Pressures on public service responsiveness
Ministerial Staff
Public Servants
Technological change
Pace and complexity of decision-making
Power of incumbency
Conclusion
Chapter
8. A changing practice?
The Tugun Bypass controversy – a case of mistaken oversight?
Issues
Jurisdictional Oversight by the CMC
Concerns of the Opposition
The View from the Department
Outcomes and Implications
Legislating caretaker conventions in local government – unintended consequences?
New Zealand’s ‘good practice’ approach
Conclusion
Chapter
9. Caretaker conventions and the future of responsible government
Prescription and codification
Future prospects
Glossary
References
Appendix A. Different approaches – what the jurisdictional guidances say