With Queensland’s election scheduled for October 26, the state will enter ‘caretaker mode’ today, October 1. From this date until the election results are known, the government will face several restrictions under what are known as “caretaker conventions“.
What are they?
Caretaker conventions aim to check the power of the executive when there is no Parliament to which it can be accountable. They prevent the current government from making significant new policies, financial commitments, or appointments that could bind an incoming administration. These conventions also reduce the risk of the government using public resources to gain an unfair advantage in the election campaign.
Yet the business of government continues during the caretaker period, and this is where confusion arises. The challenge lies in determining what constitutes the ongoing business of government and what actions would constrain a future government.
Fixed terms reduce political uncertainty
Caretaker controversies are not uncommon in election campaigns, but the introduction of four-year fixed terms in Queensland may reduce some of these conflicts. Fixed terms provide a more orderly lead-up to elections, eliminating uncertainty over election timing. This allows parliamentary business to be completed smoothly, and major contracts and appointments can be finalized before the caretaker period begins.
One recurring issue is government advertising. When an election is called, one of the Premier’s first responsibilities is to decide whether to suspend or limit government ad campaigns. Public interest ads, like those promoting road safety or health, may continue. However, ads that highlight government achievements or policies, particularly on contentious issues, are considered political. Ultimately, it is up to the Premier to decide, though the Opposition can challenge these decisions. Yet, because these conventions are not legally binding, they cannot force a reversal.
Opposition rights and electoral fairness
During the caretaker period, the conventions ensure the Opposition, as a potential future government, is treated fairly. Meanwhile, the governing party is expected to voluntarily restrain its actions to avoid taking advantage of incumbency. With so much at stake, decisions made during this time often become contentious. The ethical judgment required for following caretaker conventions can be overlooked amid the heat of an election campaign, and because these conventions are based on precedent rather than law, it is difficult for outsiders, including the media, to definitively call out violations.
Caretaker government after polling day
While the conventions are well-understood during the election campaign, their application after polling day has become an emerging issue. In the event of a hung Parliament or a prolonged vote count, establishing a new government could take time. During this transition, the previous Premier and Cabinet remain in office to ensure continuity. This is crucial in case of emergencies such as natural disasters, terrorist attacks, or financial crises.
To avoid locking in decisions that could bind an incoming government, any urgent or unavoidable actions during this period should be made in consultation with the Opposition.
Originally published in The Machinery of Government
