Caretaker government of Australia
Encyclopedia
In Australia
the term caretaker government is used to describe the government during a period that starts when the parliament
is dissolved by the Governor-General
prior to a general election, and continues for a short period after the election, until the next ministry is appointed. The caretaker government is expected to conduct itself in accordance with a series of well-defined conventions that are administered by the Department of the Prime Minister and Cabinet
, although there is no law compelling the caretaker government to do so.
Under normal circumstances, there is no separate appointment of a caretaker government. The existing government simply assumes "caretaker mode". During the 1975 Australian constitutional crisis, the Governor-General
, Sir John Kerr, appointed a new government headed by Malcolm Fraser
, subject to Fraser's agreement that he would immediately advise a general election, and his government would operate on a caretaker basis in the meantime. This was a unique set of circumstances, leading to a unique solution.
ensures that a Cabinet
is always maintained and that caretaker governments abide by the conventions. Any flouting of the conventions by a caretaker government would immediately come to light, and could go against them in the election campaign. There are occasions when major appointments or decisions cannot wait until after the election, and the opposition would normally be consulted about them, ensuring a bipartisan approach.
A document entitled "Guidance on Caretaker Conventions" is administered by the Department of the Prime Minister and Cabinet. Section 1.2 of the Caretaker Conventions states that a caretaker government operates until the election result clearly indicates that either the incumbent party has retained power, or in the case where there is to be a change of government, until the new government is appointed by the Governor-General. Section 1.6 indicates that these conventions are not legally binding, and do not constitute "hard and fast rules."
, the incumbent Prime Minister formally advises the Governor-General that they should invite the Leader of the Opposition to form a government. The Governor-General then requests the incumbent Prime Minister and his or her Ministers to remain in government in caretaker capacity until a new government is sworn in. The Governor-General then contacts the Leader of the Opposition and invites them to form a government. The Leader of the Opposition accepts the invitation, and undertakes to inform the Governor-General when the new Ministry is in a position to be sworn in. This can be delayed by the counting of votes in closely contested seats, or by the processes by which ministers are chosen under the relevant party's rules. In the meantime, the caretaker government continues in office.
Edmund Barton
, was sworn in on 1 January 1901, the day on which the Federation of Australia
took effect, whereby the six colonies of New South Wales
, Victoria
, Queensland
, South Australia
, Western Australia
and Tasmania
became States
of the Commonwealth of Australia
. The first election for the new Parliament of Australia
was not held until 29 and 30 March 1901. In the meantime, Barton's government operated in a caretaker capacity but, due to the need to quickly establish administrative processes and make important appointments, they were not as inhibited by the caretaker conventions as later governments were.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
the term caretaker government is used to describe the government during a period that starts when the parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
is dissolved by the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
prior to a general election, and continues for a short period after the election, until the next ministry is appointed. The caretaker government is expected to conduct itself in accordance with a series of well-defined conventions that are administered by the Department of the Prime Minister and Cabinet
Department of the Prime Minister and Cabinet (Australia)
The Department of the Prime Minister and Cabinet is an Australian Government department. The Department was first established in 1911...
, although there is no law compelling the caretaker government to do so.
Under normal circumstances, there is no separate appointment of a caretaker government. The existing government simply assumes "caretaker mode". During the 1975 Australian constitutional crisis, the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, Sir John Kerr, appointed a new government headed by Malcolm Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
, subject to Fraser's agreement that he would immediately advise a general election, and his government would operate on a caretaker basis in the meantime. This was a unique set of circumstances, leading to a unique solution.
Caretaker conventions
The incumbent government continues to govern after parliament has been dissolved. The operation of the Australian political systemPolitics of Australia
The Politics of Australia take place within the framework of a parliamentary democracy, with electoral procedures appropriate to a two-party system. Australia is governed as a federation and as a constitutional monarchy, with an adversarial legislature based upon the Westminster system...
ensures that a Cabinet
Cabinet of Australia
The Cabinet of Australia is the council of senior ministers of the Crown, responsible to parliament. The Cabinet is appointed by the Governor-General, on the advice of the Prime Minister the Head of Her Majesty's Australian Government, and serves at the former's pleasure. The strictly private...
is always maintained and that caretaker governments abide by the conventions. Any flouting of the conventions by a caretaker government would immediately come to light, and could go against them in the election campaign. There are occasions when major appointments or decisions cannot wait until after the election, and the opposition would normally be consulted about them, ensuring a bipartisan approach.
A document entitled "Guidance on Caretaker Conventions" is administered by the Department of the Prime Minister and Cabinet. Section 1.2 of the Caretaker Conventions states that a caretaker government operates until the election result clearly indicates that either the incumbent party has retained power, or in the case where there is to be a change of government, until the new government is appointed by the Governor-General. Section 1.6 indicates that these conventions are not legally binding, and do not constitute "hard and fast rules."
Caretaker government conduct
The Caretaker provisions explicitly recognise that, after the dissolution of parliament, the business of government must continue and that "ordinary matters of administration" must be addressed. Hence the provisions allow for the normal operations of all government departments. However, the caretaker conventions impose some restrictions on the conduct of the caretaker government. The conventions broadly include the following:- Major policy decisions. The Government will cease taking major policy decisions except on urgent matters and then only after formal consultation with the Opposition. The conventions apply to the making of decisions, not to their announcement. Accordingly, the conventions are not infringed where decisions made before dissolution are announced during the caretaker period. However, where possible, decisions would normally be announced ahead of dissolution.
- Significant appointments. The Government will cease making major appointments of public officials, but may make acting or short-term appointments.
- Major contracts or undertakings. The Government will avoid entering major contracts or undertakings during the caretaker period. If it is not possible to defer the commitment until after the caretaker period, for legal, commercial or other reasons, a minister could consult the Opposition, or agencies could deal with the contractor and ensure that contracts include clauses providing for termination in the event of an incoming government not wishing to proceed. Similar provisions cover tendering.
- International negotiations and visits. The Government ordinarily seeks to defer such major international negotiations, or adopts observer status, until the end of the caretaker period.
- Avoiding APS involvement in election activities. The Australian Public ServiceAustralian Public ServiceThe Australian Public Service is the Australian federal civil service, the group of people employed by federal departments, agencies and courts under the Government of Australia, to administer the working of the public administration of the Commonwealth of Australia...
adopts a neutral stance while continuing to advise the Government. There are several cases, notably the pricing of Opposition election promises, in which the APS conducts an investigation and report for the benefit of the electorate at large.
Change of government
When an opposition party or coalition wins enough seats at a general election to be able to command a majority in the House of RepresentativesAustralian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
, the incumbent Prime Minister formally advises the Governor-General that they should invite the Leader of the Opposition to form a government. The Governor-General then requests the incumbent Prime Minister and his or her Ministers to remain in government in caretaker capacity until a new government is sworn in. The Governor-General then contacts the Leader of the Opposition and invites them to form a government. The Leader of the Opposition accepts the invitation, and undertakes to inform the Governor-General when the new Ministry is in a position to be sworn in. This can be delayed by the counting of votes in closely contested seats, or by the processes by which ministers are chosen under the relevant party's rules. In the meantime, the caretaker government continues in office.
The 1901 caretaker government
The first Australian federal government, headed by Prime MinisterPrime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
Edmund Barton
Edmund Barton
Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia....
, was sworn in on 1 January 1901, the day on which the Federation of Australia
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
took effect, whereby the six colonies of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
and Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
became States
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
of the Commonwealth of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The first election for the new Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
was not held until 29 and 30 March 1901. In the meantime, Barton's government operated in a caretaker capacity but, due to the need to quickly establish administrative processes and make important appointments, they were not as inhibited by the caretaker conventions as later governments were.