This guide is for all public sector employees who are working during any formal election period, which include:
The obligations in this guide always apply but are particularly important during an election period.
Public sector employees must work in a way that means the community and government can trust us to serve them fairly, regardless of their political views.
It’s important that all candidates in an election can trust us to give them good advice if they are elected and form part of the government.
If you are thinking about standing for election, you should read this guidance together with the additional guidance for the specific election you may get involved in: local government, Victorian state, federal or First Peoples’ Assembly elections.
If you are managing an employee who is involved in election activities, please also read the guidance on how to manage an employee involved in election activities.
Caretaker period
The caretaker period is a defined period before the election (around a month), when the Victorian government assumes a caretaker role. This means that the government still makes decisions required to keep administration of services going but does not make big decisions, such as starting a new policy or project.
Public sector employees must follow specific rules during this period.
For further information, see the Guidelines on the Caretaker Conventions.
Election activities mean anything you do to be involved in an election.
For example, election activities include when you:
View more information on standing for election or supporting someone else’s campaign.
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.
An office 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.).
Political activities means anything you do to support, oppose or express a view about a political party, candidate, elected representative, government policy or public issue.
Political activities include election activities, but are not limited to them.
For example, political activities include:
Victoria’s Charter of Human Rights and Responsibilities Act 2006 includes the rights to freedom of expression and participation in public life. The Australian Constitution also has an implied freedom of political communication.
You have the right to be involved in election activities. However, as a public sector employee, your involvement can be subject to reasonable, justifiable and proportionate limits.
This means that there are some things you cannot do that other people who don't work in the public sector can. These obligations are set out in:
The obligations in the Code of Conduct for public sector employees always apply.
There is a higher risk during election periods, however, that by engaging in election activities you might breach these obligations.
It is important that you understand these obligations before you engage in election activities.
All public sector employees working during the election period must make sure they are impartial and apolitical in how they do their job.
Being impartial and apolitical includes:
Here are some examples of things you must do to be apolitical at work:
Here are some examples of things you must not do in your personal life so that people can trust the public sector to be impartial and apolitical:
For more information, see item 2.2 of the Code, ‘Remaining apolitical’. Your employer’s policies may also include additional requirements.
You must never share or use information you have access to at work for your own benefit or the benefit of others.
In particular, never use it as part of your election activities.
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 rules about how you use information.
There are limits on the public comments public sector employees can make. These restrictions help the community and government trust that you, your organisation and the public sector are impartial and apolitical in the way public sector employees work.
This is especially important during election periods when people are likely to pay closer attention to comments made in public.
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).
You must do your job in a way that will mean the community trusts that you, your workplace, and the public sector will act with integrity.
It is important to remember that this applies at work and to parts of your personal life. This is because things you do outside of work might make someone think you can’t do your job impartially or professionally.
For more information see item 3.9 of the Code, ‘Public trust’.
A conflict of interest is when your private interests conflict with your duties as a public sector employee.
A conflict can be:
Private interests include:
Private interests can be financial or non-financial.
What to do if you think you may have a conflict of interest
You will need to think about how closely your election activities relate to your public sector role. If the policies or campaigns you are supporting relate closely to your role, it’s more likely you will have a conflict of interest.
It’s important to make sure that you tell your employer about a conflict of interest because it could affect your decisions and actions at work.
If you have a conflict of interest, you and your manager will need to agree to a management plan. A management plan records what you will do to make sure the conflict does not affect how you do your job.
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.
Speak with your manager about whether your election activities require approval as ‘outside employment’.
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.
Seniority and expertise
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:
Connection to duties
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.
Expression
The more extreme your views are, the more likely that reasonable members of the community will believe:
If any of these factors apply to you, and your election activities cannot be separated from your role in the public sector, speak to your manager. You may need to put arrangements in place during the election period, for example through a conflict of interest management plan.
If you are standing for election, additional obligations will apply to you. What obligations apply will depend on which election you stand in.
Please read the guidance for the election you are standing in below:
If you are not standing for election but want to be involved in supporting a political party, interest group or candidate’s campaign, you can usually participate.
Supporting a campaign includes activities you take part in to support or oppose a political candidate or political party.
You need to make sure your actions are consistent with your obligations as a public sector employee, including under the Code. Your actions should also be consistent with your organisation’s conflict of interest policy and shouldn’t affect your ability to perform your public sector role in an apolitical manner.
Here are some examples of the range of activities you can usually participate in:
Other forms of participation that can be appropriate include attending forums in a personal capacity or helping community members to participate in this democratic process.
You have a right to be an office bearer in a political party or interest group, as long as your actions do not affect your ability to perform your public sector role in an apolitical manner.
If you are an office bearer, there is a higher risk during election periods that the community will think that you cannot separate your political views from your public sector role and do your job impartially. You must be very careful to act in a way that won’t affect the community’s trust that you do your job in an apolitical way.
For example, you must always declare a conflict of interest and have a conflict of interest management plan.
Victorian public service employees who are eligible, have the right to request a review of an unfair or unreasonable decision about their employment. This includes:
For more information, please see Review of Actions