This guide is for Victorian public sector managers who are managing an employee involved in election activities.
As well as this guide, we recommend you read the guidance on standing in the specific election your employee is involved in (e.g.local government, Victorian state, federal or First Peoples’ Assembly). You should also read the advice on caretaker conventions ahead of Victorian state elections.
Election activities include:
See the guidance on what public sector employees must do during elections for more examples of election activities.
This guide applies to local government, Victorian state, federal and First Peoples’ Assembly elections.
For all local government, Victorian state, federal or First Peoples’ assembly elections, you must make sure your employees understand their obligations in the Code of conduct.
The Code requires all employees to:
Ask your employees to read any election guidance which applies to them.
For all employees – and especially those who wish to take part in election activities – this means the guidance on what public sector employees must do during elections. For those who wish to stand in an election this also means the guidance on standing in specific elections.
You should then discuss any additional obligations that are relevant to them to ensure they understand their responsibilities.
The election guidance explains:
If your employee decides to be involved in election activities, you need to work with them to:
Being impartial and apolitical includes:
What your employee needs to do before and during the election period will depend on which election they are standing in. However, there are things you need to do for all elections.
If your employee wants to stand in an election, you must:
This could include arrangements such as:
You should consider your employee’s circumstances when deciding what arrangements to put in place. This includes their role, seniority and how closely their campaign relates to their job or other Victorian government responsibilities.
Before you agree on any arrangements, you should read and understand the rules that apply to public sector employees standing in that specific election.
You can read about them on this page.
Federal elections
You should remind your employees about section 44 of the Australian Constitution. It says that Victorian public sector employees and others who hold an office of profit under the Crown cannot be elected to Federal Parliament.
This means that an employee who wants to stand in a federal election must resign before they submit their candidate nomination with the Australian Electoral Commission.
Find out more in the guidance for employees considering standing in a federal election.
First Peoples’ Assembly elections
Under section 21(3) of the Statewide Treaty Act 2025, employees who stand for election to the First Peoples’ Assembly must take leave during the election period. The election period starts when nominations open and concludes when the election results are announced.
Victorian state elections
If your employee is elected to the Victorian Parliament they will need to resign before they take office. This is because section 49 of the Constitution Act 1975 (Victorian Constitution) says their election is not valid if they stay working in the public sector.
Find out more in the guidance for employees considering standing in a Victorian state election.
Local government elections
Your employee does not need to resign if they’re elected to local government as long as they can do their job without breaching the Code of conduct for Victorian public sector employees or the Councillor code of conduct that applies to them.
Find out more in the guidance for employees considering standing in a local government election.
Conflicts of interest
Employees standing for elections will need to comply with their organisation’s conflict of interest policy. This includes completing a conflict of interest management plan. Depending on their individual circumstances, their conflict of interest plan may require specific actions to identify, manage or mitigate any actual, potential or perceived conflicts and it should be updated regularly as circumstances evolve.
Relevant legislation and policies