The 2025 Australian federal election will be held on Saturday 3 May 2025. This guide sets out obligations and considerations that apply to all Victorian public sector employees (employees) during the election period.
Leading up to and during the formal election period, it’s important to maintain public trust and remain apolitical. This applies to all employees, but it’s particularly important if you choose to engage in election activity. Election activity can consist of a range of activities including:
While you have the right to participate in election activities, as a Victorian public sector employee, you must continue to:
If you engage in election activity, a range of requirements and restrictions will apply. You must comply with them whether you are campaigning, an office bearer or a potential candidate.
If you intend to stand for election, you should seek independent legal advice. It’s highly likely you’ll be advised that the Australian Constitution prevents you being validly elected unless you’ve resigned from your public sector job. And that your resignation must be in effect prior to lodging your candidate nomination with the Australian Electoral Commission Electoral Commission (AEC) (see below). This is different from the situation for local and state government elections.
There is a mechanism for seeking reinstatement to your previous role in the event you are not elected that applies to Victorian Public Service and some public sector roles. You should seek independent legal advice about whether this is available to you.
For the purpose of complying with our public sector obligations, the election period runs from the informal lead up to the election, which includes campaign activities before declaration of an election, through to the election aftermath which incorporates the formal declaration of the results and the formation of a new government. During this time, it’s essential to maintain public trust in the apolitical nature of our public sector.
Victoria’s Charter of Human Rights and Responsibilities Act 2006 (the Charter) sets out your right to participate in public life. This includes:
The Australian Constitution also has an implied freedom of political communication. However, these rights must be balanced against your obligations as a public sector employee, as explained below.
Whilst you have the right to participate in election activities, as a Victorian public sector employee, you must continue to:
If your election activities contravene the code, your employer’s policies or relevant laws, your employer may take disciplinary or other action.
The public and your employer must be able to trust that you will perform your public sector duties in an apolitical manner.
In the course of your work, you must:
For more information see item 2.2 of the code, ‘Remaining apolitical’. Your employer’s policies may also include requirements in this regard.
Never disclose or use information gained as a public sector employee for your own benefit or the benefit of others. In particular, never disclose or use it for political purposes.
You must always:
For more information see item 3.4 ‘Official information’, item 6.2 ‘Privacy and confidentiality’ and item 6.3 ‘Maintaining confidentiality’ of the code. Your employer’s policies and relevant laws are also likely to include restrictions in this regard.
Only make official public comment on behalf of your employer or the government if you are specifically authorised to do so.
Only make a personal public comment that relates to the election if:
Personal public comments include things you say, do, write or display. They also include a range of other actions such as posting or reposting on social media, responding to posts (such as likes, dislikes, emojis, gifs, photos, videos, memes).
For more information see item 3.5 of the code, ‘Public comment’. Your employer’s policies are also likely to include restrictions in this regard. For example, a social media policy.
Both in your work as a public sector employee and in your private life, you must work to maintain the public’s trust that you, your employer, and the public sector fulfill your roles with integrity, in an apolitical and impartial manner.
Avoid election activities that would damage this public trust.
For more information see item 3.9 of the code, ‘Public trust’.
You must always declare a conflict of interest in accordance with your employer’s conflict of interest policy. For example, if you engage in political activities which it would be reasonable for people to believe might influence whether you’ll perform your public sector job in an apolitical manner.
Factors such as the extent to which your political activities relate to your public sector role will affect the risk and determine what is included in the conflict of interest management plan, which you must follow.
For more information see item 3.7 of the code, ‘Conflict of interest’. Also see your employer’s conflict of interest policy.
Discuss with your manager whether your political activities:
For more information see item 3.8 of the code, ‘Outside employment’. Also see your employer’s Outside employment policy.
Some circumstances might make it more difficult for you to comply with the Code of Conduct while engaging in election activities.
You should consider, as a guide, the following factors when assessing your circumstances and any proposed public engagement in your personal capacity, including:
The more senior you are, or the more expertise you are commonly regarded as having on a particular topic, the more likely the community is to believe that:
Political activity on election matters, including public policy, will be inherently riskier if your public sector duties directly relate to your political activity. People are less likely to trust that you will fulfill your public sector role in an apolitical manner.
For example, if you work in an organisation that develops and implements environment policies and you comment publicly on federal environmental policy, this is likely to be higher risk than commenting on an area of work that the state government is not involved in at all. Even then, you need to exercise care with the tone of any comment you make, as you may still risk seriously damaging the public’s trust in your ability to do your job in an impartial manner if your express yourself in an extreme way.
The more extremely you express yourself, the more likely that reasonable members of the community will believe:
The following are examples of campaigning activities that must comply with the obligations in the code, your employer’s policies and other public sector obligations, such as applicable laws. It includes political activity you undertake on your own initiative or at the request of others.
Campaigning includes activity you undertake to support or oppose a political candidate or political party.
Below are examples of election activities it’s usually ok to participate in, provided your actions do not cast doubt on your ability to perform your public sector role in an apolitical manner:
Whilst these activities are generally permissible, you still need to consider how these activities may intersect with your public sector role, including your seniority, connection to duties and the nature of your expression.
Below are examples of restrictions you must follow to maintain an apolitical workforce and workplace context:
Some examples of restrictions that apply outside the workplace context, so as to maintain an apolitical workforce are:
You have a right to be an office bearer in a political party or interest group, provided your actions do not cast doubt on your ability to perform your public sector role in an apolitical manner. An officer bearer is someone who holds a formal position of authority and responsibility within a political party or interest group (e.g. Treasurer, Secretary, Branch President etc.) However, as a public sector employee you must continue to comply with the code, your employer’s policies, and any other public sector obligations that bind you.
For example, if you are an office bearer in a political party or interest group you must always declare a conflict of interest as a precautionary measure, in accordance with your employer’s conflict of interest policy. This is because people are more likely to perceive that an official office holder may not perform their public sector job in an apolitical and impartial manner.
You will need to develop a conflict of interest management plan in consultation with your employer to manage the conflict proportionate to the risk. Factors such as the extent to which your political activities relate to your public sector role will affect the risk and determine what is included in the conflict of interest management plan.
If you intend to stand for election to federal parliament you should seek independent legal advice, including:
You also must comply with your conflict of interest and other obligations, for example:
Section 44 of the Australian Constitution lists five grounds which disqualify a person from being elected to federal parliament. Seek independent legal advice about these grounds and how they apply to you.
Specific to employees, section 44 (iv) states:
‘any person…holding an office of profit under the Crown… shall be incapable of being chosen or sitting as a senator or member of the House of Representatives’.
In practice this means you’ll likely be disqualified from being validly elected unless:
For further information, consult the AEC’s resources including information about the grounds for disqualification and Nomination Guide for intending candidates.
If your candidacy is unsuccessful, you may be able to apply for reinstatement as a Victoria public sector employee.
Reinstatement can only occur in certain circumstances. If you’re reinstated it may not be to the same job you held previously. But it will usually be at the same level.
It is your responsibility to seek independent legal advice about your eligibility for reinstatement and any related issues that may exist. For example:
If you’re eligible to seek reinstatement, do so as soon as possible after the election result is declared. This is because the PAA requires any reinstatement application granted by the Governor in Council to be published in the Government Gazette within two months of the declaration of the poll. It’s your responsibility to apply promptly, so your application can be considered and, if granted, gazetted in time.
To apply for reinstatement:
You can contact the Australian Electoral Commission (AEC) for further information about the federal election.
Questions about this guidance should be directed to the Victorian Public Sector Commission at [email protected].