24 September 2024
25 min read
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In case you missed it, Queensland is holding its State General Election on Saturday, 26 October 2024. With the state now having fixed term governments, we have the advantage of knowing that the caretaker period will begin on Tuesday, 1 October 2024.
Caretaker conventions are practices that ensure governments avoid making significant decisions or appointments, implementing major policy, and entering into major contracts during the election period. Although these conventions are not legally binding, successive state and commonwealth governments have accepted the practice.
At a state level, the conventions apply to ministers and public servants, with the responsibility resting on the Premier and the government collectively. Directors-General and chief executive officers therefore have a responsibility to take appropriate actions to ensure that their agencies observe the conventions during the caretaker period.
Adhering to caretaker conventions is essential for maintaining public trust in the political process and for preventing the use of state resources to advantage a particular political party.
To support this, the Queensland Government has published the 2024 Guidelines on Caretaker Conventions (2024 Guidelines). All agencies are required to familiarise themselves with the relevant conventions and practices.
In Queensland, the caretaker period begins when the Legislative Assembly is dissolved in preparation for the election. For the upcoming election, the caretaker period will commence on 1 October 2024.
The caretaker period ends when:
If there is a change in government following an election, the caretaker period ends when the incoming government is sworn in.
The duration of the caretaker period can vary depending on how clear and close the election result is. In recent elections, caretaker periods have been extended significantly due to the close results.
The conventions recommend that caretaker governments avoid:
The application of the conventions is not black and white and requires the exercise of judgment and common sense. Understandably, decision makers do not appreciate being put in a position where they need to make those judgements. If there is a chance an issue may not be appropriate for dealing with during the caretaker period, steps should be taken to ensure it is raised and dealt with ahead of time, based on the best possible advice.
Unlike situations where the caretaker period is unknown, it is expected that government business requiring such decisions are able to happen before the caretaker period begins.
Significant appointments should be deferred unless essential. Options to consider include acting appointments, short-term appointments of up to three months, or consulting the Opposition spokesperson if other options are exhausted. This applies to statutory appointments as well.
A “significant” appointment is determined by a series of factors, including:
Appointments to senior executive service, senior officer and equivalent level positions should not be advertised, processed, or offered during this time.
Similarly, entrance into major contracts should also be avoided. To determine what constitutes a ‘major’ contract or undertaking, agencies should consider:
Grant commitments should not be made, although grants approved before this period can proceed, preferably forwarded by departments rather than ministers.
The 2024 Guidelines also provide a decision-making guide for continuation of activities and include key questions that agencies may need to consider when deciding whether to press ahead with such activities.
The neutrality of the Queensland public sector is outlined in section 4(d)(ii) of the Public Sector Act 2022, which establishes a high-performing apolitical public sector by effective stewardship that maintains accountability, impartiality and integrity. During the caretaker period, government operations continue. However, ministers may not develop new policy initiatives, seek further advice on previous initiatives or request administrative assistance for election-related purposes. Departments may advise on emergent issues requiring a government response in the public interest.
Queensland Treasury employees are restricted from commenting or providing cost estimates on policy proposals of a political party or candidate, except to other Treasury employees, unless specifically authorised by legislation. Departmental liaison officers may continue their roles in assisting ministerial offices but must strictly avoid any activities that could imply political partisanship.
Public officials must not engage in political activities while on duty, including using departmental resources for political purposes. This is particularly important not only in caretaker periods but also in the pre-election period.
During the caretaker period, public officials must avoid appearing in political advertisements in an official capacity. Public sector employees participating in elections must adhere to the relevant guidelines, including the Guideline for public sector employees contesting elections and the Code of Conduct for the Queensland Public Service, as well as any applicable employing legislation.
Campaign advertising should also cease when the caretaker period commences, unless:
Digital communication must be managed carefully to avoid the appearance of political bias. Updates to websites with ministerial content should be factual or policy-related, and live social media feeds should be paused.
Media releases should focus on administrative or factual updates, while intranets and emails should not contain politically beneficial material. Social media accounts should be reviewed, potentially disabling comments or enabling moderation.
The 2024 Guidelines contain some sample messaging for digital platforms to assist those who are dealing with communications during this period.
To assist you and your agency with navigating this period, we encourage you to read through the Department of the Premier and Cabinet’s guidance together with this summary. You can also access our recent discussion with the Hon. Paul Lucas and Ken Smith AO regarding the operation of caretaker conventions from the perspectives of a former Minister and former Director-General here.
If you have any questions regarding this article, please get in touch with our government team below.
Authors: Joanne Jary & Cosmo Cater
‘Dying for their story to be heard’: Queensland’s truth-telling inquiry begins amid questions over its future
The Indigenous truth telling and hearing inquiry has commenced in Brisbane. The inquiry is to have three stages and will occur over a three year period. The first stage will involve the hearing of stories of Queenslanders with a focus on Elders, followed by stories from non-government and faith-based organisations. The final stage will compile recommendations into a report and will serve as an authoritative record of Queensland’s past (16 September 2024). Read more here.
Waste gas-to-energy project to cut emissions
Cameron Dick, Deputy Premier, Treasure and Minister for Trade and Investment, has stated that “Queensland’s metallurgical coal mining industry provides helps forge the steel that is necessary to build renewable technologies and achieve a net zero transformation. The LEIP program is accelerating opportunities to drive down emissions, while supporting Queensland’s resources industry. Kestrel’s project will mitigate emissions being released into the atmosphere using proven abatement technologies. Importantly, we’re protecting jobs in regional Queensland and supporting an industry that is crucial to our renewable energy future" (18 September 2024). Read more here.
Forensic Science Queensland Director appointed
Dr Linzi Wilson-Wilde OAM has been appointed as the new Director of Forensic Science Queensland. Dr Wilson-Wilde’s experience includes being involved in legislative reform, national policy development and involvement in high profile cases such as the identification of disaster victims of the 2002 Bali bombings (20 September 2024). Read more here.
New appointment to Queensland Industrial Relations Commission
Barrister Peter O-Neill has been appointed as Commissioner to the Queensland Industrial Relations Commission. The appointment has been approved from 19 September 2024 onwards. Mr O’Neill has began his career as a practicing barrister in 1994 with experience appearing before State Courts at all levels and before the Commission and the Industrial Court (20 September 2024). Read more here.
Australia’s public transport is amongst the most expensive. Could Queensland’s 50c fares work countrywide?
Queensland has announced that the 50c public transport fares are here to stay. However, Professor Matthew Burke at Griffith University’s city research institute has stated that it the initiative would be unlikely to work in other major Australian cities such as Melbourne and Sydney. Professor Burke went onto say that he believes there is going to be more long-term changes in Queensland, with people choosing where they, where they go to university and where their children go to school based on Government’s new public transport policy (21 September 2024). Read more here.
AAT Bulletin Issue No. 16/2024 12 August 2024
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.
AAT Bulletin Issue No. 17/2024 26 August 2024
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.
AAT Bulletin Issue No. 18/2024 9 September 2024
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.
Land Title Practice Manual updated
Titles Queensland has recently updated the Land Title Practice Manual. The amendments include amending part 4 to clarify where a death certificate is required to be deposited as supporting evidence and part 7 to clarify the practice with respect to lease sketches. Read more here.
Chevron Park Pty Ltd v Groupline Constructions Pty Ltd & Ors [2024] QSC 202
ADMINISTRATIVE LAW – JUDICIAL REVIEW – where the applicant contended that the adjudicator failed to afford procedural fairness by not seeking submissions on what he found to be a jurisdictional point, not seeking submissions on what he regarded as new reasons, and failing to decide the correct amount to be paid and in doing so failed to provide adequate reasons – whether the adjudication decision should be set aside on the basis that the adjudicator failed to afford procedural fairness
Grant v Health Ombudsman [2024] QSC 146
ADMINISTRATIVE LAW – JUDICIAL REVIEW – THE OMBUDSMAN – REASONS FOR ADMINISTRATIVE DECISIONS – where the applicant requested a statement of reasons in relation to the referral of the complaints to the Director and the Queensland Civil and Administrative Tribunal – whether the referral decisions are decisions to which the obligation to provide reasons applies
Bills introduced
Government
Cross-Border Commissioner Bill 2024
Night-Life Economy Commissioner Bill 2024
Queensland Food Farmers’ Commissioner Bill 2024
Private Member
Crocodile Control, Conservation and Safety Bill 2024
Public-Private Partnership (Transparency and Accountability) Bill 2024
Bills passed
Bills passed without amendment
Appropriation (Parliament) Bill 2024
Cross-Border Commissioner Bill 2024
Electrical Safety and Other Legislation Amendment Bill 2024
Night-Life Economy Commissioner Bill 2024
Queensland Food Farmers’ Commissioner Bill 2024
Bills amended during passage
Crime and Corruption and Other Legislation Amendment Bill 2024
Queensland Community Safety Bill 2024
Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2024
Bills failed
Crocodile Control and Conservation Bill*
Acts assented to
Cross-Border Commissioner Act 2024 No. 38 – Assent 23 August 2024
Night-Life Economy Commissioner Act 2024 No. 39 – Assent 23 August 2024
Queensland Food Farmers' Commissioner Act 2024 No. 37 – Assent 23 August 2024
Appropriation (Parliament) Act 2024 No. 42 – Assent 30 August 2024
Appropriation Act 2024 No. 43 – Assent 30 August 2024
Crime and Corruption and Other Legislation Amendment Act 2024 No. 41 – Assent 30 August 2024
Electrical Safety and Other Legislation Amendment Act 2024 No. 44 – Assent 30 August 2024
Queensland Community Safety Act 2024 No. 45 – Assent 30 August 2024
Proclamations commencing Acts made
Proclamation No.1 – Pharmacy Business Ownership Act 2024 (commencing certain provisions)
Acts repealed
Appropriation (Parliament) Act (No. 3) 2022
Appropriation (Parliament) Act 2022
Appropriation Act (No. 3) 2022
Subordinate legislation notified
Criminal Practice Amendment Rule (No. 2) 2024
Electrical Safety (Codes of Practice) Notice 2024
Evidence (Domestic Violence Proceedings) Amendment Regulation 2024
Health Ombudsman Regulation 2024
Major Events (Motor Racing Events) (Gold Coast 500) Amendment Regulation 2024
Property Law (Postponement) Regulation 2024
Residential Tenancies and Rooming Accommodation (Transitional) Regulation 2024
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Regulation 2024
Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2024
Valuers Registration Regulation 2024
Work Health and Safety (Codes of Practice) Amendment Notice 2024
Building and Construction Industry (Portable Long Service Leave) Regulation 2024
Drugs Misuse (Dangerous Drugs) Amendment Regulation 2024
Further Education and Training Regulation 2024
Government Owned Corporations Regulation 2024
Major Sports Facilities Amendment Regulation 2024
Planning Amendment Regulation 2024
Resources Safety and Health Legislation Amendment Regulation 2024
TAFE Queensland Regulation 2024
Water Plan (Boyne River Basin) (Postponement of Expiry) Notice 2024
Youth Justice (Monitoring Device Conditions) Amendment Regulation 2024
Brisbane Olympic and Paralympic Games Arrangements Amendment Regulation 2024
Civil Proceedings Regulation 2024
Corrective Services (Searches and Testing) Amendment Regulation 2024
Criminal Practice (Fees and Allowances) Amendment Regulation 2024
Criminal Practice (Subsequent Appeals) Amendment Rule 2024
Environmental Protection (Air) Amendment Policy 2024
Fisheries Amendment Declaration 2024
Justices (Sharing of Records) and Other Legislation Amendment Regulation 2024
Nature Conservation and Other Legislation Amendment Regulation 2024
Pharmacy Business Ownership (Postponement) Regulation 2024
Proclamation No.1 – Pharmacy Business Ownership Act 2024 (commencing certain provisions)
Public Trustee (Interest Rate) Amendment Regulation (No. 3) 2024
Summary Offences (Prevention of Knife Crime) Amendment Regulation 2024
Transport Operations (Marine Safety) Legislation Amendment Regulation 2024
Water Plan (Wet Tropics) (Postponement of Expiry) Notice 2024
Work Health and Safety (Sexual Harassment) Amendment Regulation 2024
Work Health and Safety Amendment Regulation 2024
Youth Justice (Access by Accredited Media Entities) Amendment Regulation 2024
Heavy Vehicle (Mass, Dimension and Loading) National Amendment Regulation 2024
Nature Conservation (Protected Areas Management) Regulation 2024
Recreation Areas Management Regulation 2024
State Penalties Enforcement and Other Legislation Amendment Regulation 2024
Subordinate legislation tabled
Appeal Costs Fund Regulation 2024
Births, Deaths and Marriages Registration Regulation 2024
Brisbane Olympic and Paralympic Games Arrangements Regulation 2024
Building Industry Fairness (Security of Payment) and Other Legislation Amendment Regulation 2024
Casino Control (Supervision Levy) Amendment Regulation 2024
Childrens Court Amendment Rule 2024
Civil Liability and Other Legislation Amendment Regulation 2024
Civil Liability Indexation Notice 2024
Corrective Services Amendment Regulation 2024
Criminal Practice Amendment Rule (No. 2) 2024
Disability Services (Fees) Amendment Regulation 2024
Economic Development and Other Legislation (Waraba PDA) Amendment Regulation 2024
Electrical Safety (Codes of Practice) Notice 2024
Energy (Renewable Transformation and Jobs) Amendment Regulation 2024
Environmental Protection (Composting Facilities) Amendment Regulation 2024
Evidence (Domestic Violence Proceedings) Amendment Regulation 2024
Exhibited Animals (Fees) Amendment Regulation 2024
Fire and Emergency Services Amendment Regulation 2024
Fisheries Quota (Spanner Crab Fishery) Amendment Declaration 2024
Gaming Machine Amendment Regulation 2024
Health and Other Legislation Amendment Regulation 2024
Health Legislation (Ratios and Other Matters) Amendment Regulation 2024
Health Ombudsman Regulation 2024
Information Privacy and Other Legislation Amendment Regulation 2024
Justice (Decriminalising Sex Work) and Other Legislation Amendment Regulation 2024
Local Government Legislation (Superannuation) Amendment Regulation 2024
Major Events (Motor Racing Events) (Gold Coast 500) Amendment Regulation 2024
Major Events (Pacific Airshow Gold Coast) Regulation 2024
Medicines and Poisons (Medicines) Amendment Regulation (No. 2) 2024
Motor Accident Insurance Indexation Notice 2024
National Energy Retail Law (Queensland) Amendment Regulation 2024
Nature Conservation Legislation Amendment Regulation (No. 2) 2024
Personal Injuries Proceedings Indexation Notice 2024
Planning (Prescribed Amounts) Amendment Regulation 2024
Planning and Other Legislation Amendment Regulation 2024
Proclamation No. 1 – Health and Other Legislation Amendment Act 2024 (commencing certain provisions)
Proclamation No. 1 – Water Legislation Amendment Act 2023 (commencing certain provisions)
Proclamation – Tow Truck Act 2023 (commencing remaining provisions)
Professional Standards (Bar Association of Queensland Professional Standards Scheme) Notice 2024
Professional Standards (Law Society of Western Australia Professional Standards Scheme) Notice 2024
Property Law (Postponement) Regulation 2024
Regional Planning Interests (Lake Eyre Basin) Amendment Regulation 2024
Residential Tenancies and Rooming Accommodation (Transitional) Regulation 2024
Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Regulation 2024
Retirement Villages (Financial Documents) Amendment Regulation 2024
Safety in Recreational Water Activities (Code of Practice) Amendment Notice 2024
Safety in Recreational Water Activities Regulation 2024
State Penalties Enforcement (Animal Management) Amendment Regulation 2024
Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2024
Superannuation (State Public Sector) Amendment Notice 2024
Survey and Mapping Infrastructure Regulation 2024
Transport Legislation (Fees) Amendment Regulation (No. 2) 2024
Transport Legislation Amendment Regulation 2024
Transport Operations (Passenger Transport) Amendment Regulation 2024
Uniform Civil Procedure and Other Rules Amendment Rule 2024
Valuers Registration Regulation 2024
Waste Reduction and Recycling Amendment Regulation 2024
Water and Other Legislation Amendment Regulation 2024
Water Plan (Georgina and Diamantina) (Postponement of Expiry) Notice 2024
Work Health and Safety (Codes of Practice) Amendment Notice 2024
Work Health and Safety (Engineered Stone) Amendment Regulation 2024
Work Health and Safety and Other Legislation Amendment Regulation 2024
Workers’ Compensation and Rehabilitation (QOTE) Notice 2024
Subordinate legislation repealed
Electrical Safety (Codes of Practice) Notice 2013
Valuers Registration Regulation 2013
Building and Construction Industry (Portable Long Service Leave) Regulation 2013
Acquisition of Land Regulation 2014
Criminal Code (Criminal Organisations) Regulation 2013
Government Owned Corporations Regulation 2014
Health Ombudsman Regulation 2014
Professional Standards (Professional Surveyors Occupational Association Scheme) Notice 2013
Trading (Allowable Hours) Regulation 2014
Subordinate legislation expired
Acquisition of Land Regulation 2014
Building and Construction Industry (Portable Long Service Leave) Regulation 2013
Criminal Code (Criminal Organisations) Regulation 2013
Further Education and Training Regulation 2014
Government Owned Corporations Regulation 2014
Health Ombudsman Regulation 2014
Professional Standards (Professional Surveyors Occupational Association Scheme) Notice 2013
Survey and Mapping Infrastructure Regulation 2014
TAFE Queensland Regulation 2013
Trading (Allowable Hours) Regulation 2014
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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