Over the coming months, an election will be held for the First Peoples’ Assembly (the Assembly). The Assembly is the independent, democratically elected body that represents Traditional Owners and First Peoples in Victoria.
Eligible Victorian public sector employees who choose to participate in this democratic process must understand their obligations under the Code of Conduct for Victorian Public Sector Employees or the Code of Conduct for Victorian Public Sector Employees of Special Bodies.
These Codes apply at all times to all Victorian public sector employees, but election periods can create situations that require careful judgement, particularly for employees who decide to be directly involved. The election period commences on 16 February 2026 and concludes when the outcomes of the Assembly elections are declared.
This guidance helps employees considering involvement in election activities to understand and meet their obligations during the election period.
Victoria’s Charter of Human Rights and Responsibilities Act 2006 includes the rights to freedom of expression and to participate in public life. The Australian Constitution also has an implied freedom of political communication. In practice, this means that public sector employees have the right to engage in election activities. However, participation during election periods for local, state, federal and the Assembly elections, can be subject to reasonable, justifiable and proportionate limits. As set out in the below guidance, the level of restriction will be informed by your personal circumstances (e.g. running for election or assisting with someone else’s campaign).
If you’re an eligible First Peoples employee within the Victorian public sector and are thinking about nominating to be on the Assembly, there are a few things to keep in mind.
From 1 May 2026, people who stand for election to the Assembly will be required to take leave during the election period under Section 21(3) of the Statewide Treaty Act 2025.
Prior to this requirement coming into force on 1 May 2026 (but consistent with it), we encourage you to take leave during the election period.
If you are taking leave, you can access the following types of leave:
Whether or not you take leave, you will need to comply with your employer’s conflict of interest policy. This includes completing a conflict of interest management plan. Depending on your individual circumstances, your conflict of interest plan may require specific actions to identify, manage or mitigate any actual, potential or perceived conflicts, such as taking leave.
For further information, speak to your manager or People and Culture team.
If you are elected to the Assembly, you must resign from your Victorian public sector role.
Section 21(2)(h) of the Statewide Treaty Act 2025 has the effect that from 1 May 2026, Victorian public sector employees cannot be members of the Assembly.
Choosing to resign is a significant and personal decision. You can seek advice and access support (such as your Employee Assistance Program) to help you think through this decision before you nominate.
If you are not standing for election, but want to be involved in another person’s campaign, it’s usually ok to participate. You need to ensure your actions are consistent with your organisation’s conflict of interest policy and do not cast doubt on your ability to perform your public sector role in an apolitical manner.
Here are some examples of the range of activities that are usually ok to participate in:
Other forms of participation that can be appropriate include attending forums in a personal capacity or assisting community members to participate in this democratic process.
For all election periods, the public and your employer must be able to trust that you will perform your public sector duties in an apolitical manner.
The following obligations apply if you are standing for election or if you are supporting someone else’s campaign.
For all public sector employees involved in elections who continue working in the public sector during the election period, you must continue to:
For more information see item 2.2 of the code, ‘Remaining apolitical’. Your employer’s policies may also include additional requirements.
You must 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 election 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 other applicable laws are also likely to include restrictions about how you use information.
A comment is a public comment if:
Only make an official public comment on behalf of your employer or the government if you are specifically authorised to do so. Any public comment that is not official public comment is personal public comment.
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’ and your employer’s policies (e.g. your organisation’s use of 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 fulfil your roles with integrity.
Avoid election activities that would damage this public trust.
For more information see item 3.9 of the code, ‘Public trust’.
A conflict of interest is when you have private interests that are, or others could see as, an improper influence on your decisions or actions.
Check with your manager to assess conflicts of interest in the context of the Assembly election.
You must always declare a conflict of interest in accordance with your employer’s conflict of interest policy. Factors such as the extent to which your candidacy or campaign support 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’ and our conflict of interest resources. Also see your employer’s conflict of interest policy.
Some circumstances might make it more difficult for you to comply with the Code 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.
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:
Election activities will be inherently riskier if your public sector duties directly relate to your political activity. People are less likely to trust that you will fulfil 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 environmental policy this is likely to be higher risk than commenting on an area of work that your organisation is not involved in at all.
The more extremely you express yourself, the more likely that reasonable members of the community will believe:
You can contact the First Peoples’ Assembly of Victoria for further information about the Assembly election.
For further information about managing conflicts of interest, speak to your manager or the People and Culture team in your organisation.
Questions about this guidance should be directed to the Victorian Public Sector Commission at [email protected] or [email protected].