12.3 Managing Transition of Government
The Secretary to the Cabinet plays a critical role during the transition to a new Government following an election, when the previous Ministers are in ‘caretaker’ mode. The caretaker arrangements allow for the normal business of government to continue, but without important or unusual decisions to be made. For example, pensions and salaries need to be paid and hospitals and schools need to continue operation, including purchase of essential supplies, but Ministers and Cabinet are not to sign major contracts or start implementing new policies or programs.
The caretaker arrangements apply even when a Government is re-elected. During the period before an election Ministers (and the Cabinet) continue in their posts while the election campaign continues, but with limitations on the decisions they can take as Ministers. And following re-election of the same party, there is usually a turnover in Ministerial positions (including where previous Ministers have retired or not been re-elected), requiring clear procedures and processes to enable the normal business of government to continue until the new Ministers take office.
The caretaker arrangements also become relevant if a Government loses its majority in the House of Representatives or where an individual Minister is replaced mid-term.
Following consultation with the Prime Minister, the Secretary of the Cabinet will issue detailed supplementary procedures to be followed during caretaker periods, including:
- Circumstances when caretaker arrangements apply to Ministers;
- Guidance on decisions a caretaker Minister can make, and those they should not make;
- Processes for seeking advice on Ministerial powers during a caretaker period;
- Rules for contact between Permanent Secretaries (and other senior officials) and Opposition politicians during an election period to facilitate possible transition of power (for example on cost estimates of Opposition proposals; feasibility of implementation; and possible administrative changes);
- Preparation of briefing material during the election period for possible incoming Ministers;
- Return of Government assets (e.g. motor vehicles) held by former Ministers;
- Procedures for appointment of new Ministers and assignment of responsibilities;
- Possible restructuring of Ministries to reflect the priorities of a new or re-elected Government; and
- Role of Permanent Secretaries during transition.