We have issued refreshed guidance for employees ahead of this year’s federal election to improve clarity and reflect important updates. Stay informed by reviewing the updated guidance.
This includes relevant information for employees seeking election or wanting to take part in election campaigns.
The code of conduct assists employees, including contractors, to always maintain appropriate standards of behaviour.
For all local, state or federal elections, you need to be mindful of these obligations in the code of conduct:
For any election activity, only make a personal public comment if it (item 3.5 of the code):
Failure to comply with your obligations, including any breach of the Code of Conduct, could lead to disciplinary action up to and including termination of employment.
If you’re involved in election activities, you must avoid any actual, potential or perceived conflict of interest with your public sector job.
Examples of election activities could be if you:
To avoid any actual, potential or perceived conflict of interest in respect of your work ensure you don’t:
Even in certain private situations, some circumstances might make it more difficult for you to comply with the code of conduct.
You should consider, the following factors when assessing your circumstances and any proposed public engagement in your personal capacity:
The more senior you are, the more likely the community is to believe that any comments you make, including in a personal capacity:
Personal engagement and public comment on election matters, including public policy, will be inherently riskier for employees whose professional duties are directly involved.
Again, it may be difficult for such staff to plausibly demonstrate a separation between their public duties and their personal views.
How extreme your view is and how you express yourself. Your views should not be expressed in such a way that a reasonable member of the community believes that you can’t put aside your personal views to behave impartially and respectfully at work.
If you can’t separate your election activities from your duties as a public sector employee, put appropriate arrangements in place with your employer.
In the first instance, discuss potential arrangements with your manager.
Federal, state and local government elections all have different legislative requirements for candidates. It is each candidate’s responsibility to make sure they are aware of and comply with all requirements.
Section 44 of the Australian Constitution prevents anyone ‘holding an office of profit under the Crown’, including Victorian public sector employees, from standing for election to the House of Representatives or the Senate in a federal election.
A Victorian Public Service employee who resigns to stand in a federal election may seek reinstatement by the Governor in Council under clause 3 of Schedule 1 to the Public Administration Act 2004. This provision also applies to teaching service employees and Victoria Police members.
The Public Administration Act 2004 provides that reinstatement is at the same classification as the person had immediately prior to resignation. It also requires that reinstatements must be made within two months of the declaration of the polls.
A former VPS employee who wishes to seek reinstatement should make the request as soon as reasonably practicable following the declaration of the polls.
Given the Public Administration Act 2004 only allows for reinstatement to occur within 2 months following the declaration of the polls, it is the former employee’s responsibility to request reinstatement promptly to ensure sufficient time for the Governor in Council to consider the request.
The former employee can make a request for reinstatement by sending their request to [email protected]
For quick processing, the request should be marked urgent and:
Former employees may return to their employment once the Governor in Council has approved their reinstatement.
Public sector employees who are not covered by clause 3 of Schedule 1 to the Public Administration Act 2004 and who seek to stand in a federal election should discuss with their employer, prior to resigning, whether there are options to seek reinstatement if they are unsuccessful.
There is no requirement for public sector employees to resign if they wish to run as a candidate for state or local council elections.
Under section 61 of the Victorian Constitution, a public sector employee can stand for election without being disqualified by reason of their employment by the State of Victoria.
The Charter of Human Rights and Responsibilities Act 2006 establishes your right to take part in public life. This includes the right to be elected at state and local government elections.
If you decide to stand for a state or local election, you must ensure you remain apolitical in performing your public duties and manage any conflicts of interest.
To minimise the risk of breaching the code of conduct, you should:
The form provides for a conflict of interest management plan. This should identify suitable arrangements to ensure that you can properly satisfy your obligations under the code of conduct. The management plan should take into account all relevant factors, including:
If you’re elected to the state parliament’s Legislative Council or Assembly, section 49 of the Victorian Constitution says your election is null and void if you remain employed in the public sector.
While you can stand for election, you cannot take office while remaining employed in the Victorian public sector.
You don’t need to resign if you’re elected to a local council if you can do your job without breaching the code and manage any conflicts of interest.
Please be aware of any other requirements or restrictions for councillors in the Local Government Act 2020 (for example the requirements to avoid conflicts of interest).
An employee has a right to have an unfair or unreasonable decision reviewed. This includes:
Administrative or internal review under the Public Administration Act 2004 of a decision by the Governor in Council to decline a request for reinstatement is not available. A former employee seeking the review of a decision to decline a request for reinstatement should consider obtaining independent legal advice on alternative options, such as pursuing judicial review through the Victorian court system.
Questions about the reinstatement process should be directed to the Department of Premier and Cabinet: [email protected]
Questions about the Code of Conduct and Guidance During Election Periods should be directed to the Victorian Public Sector Commission: [email protected]