ACT Greens democracy and integrity spokesperson Andrew Braddock has called for further public hearings for the inquiry into caretaker conventions. Photo: Michelle Kroll.
The ACT Greens are calling for more probes into the caretaker conventions, citing the discovery of further alleged breaches during the 2024 election period.
The party’s democracy and integrity spokesperson, Andrew Braddock, said examples in documents acquired under Freedom of Information show several instances where ACT Labor allegedly used the public service to its advantage during the election campaign.
“In one case, we’ve got Labor candidates posing for social media pictures in the refurbished Fitzroy Pavilion at EPIC, seven weeks before the ACT Government officially reopened it,” he said.
“There was even an instance of the public service preparing an entire briefing pack for Andrew Barr – with speaking notes, instructions on where to park, a list of attending VIPs and which media outlets would be there – for the opening of Carlotta Restaurant less than 48 hours before election day.
“It’s absolutely fine for a Chief Minister to go to an event two days before an election, to open a restaurant, but do they really need public service support to be able to do so?”
Other examples include Mr Barr’s office requesting access to Manuka Oval and Commonwealth Park during Floriade for two separate media filming opportunities.
‘Caretaker mode’ or ‘caretaker period’ are special operating arrangements in the period immediately before or after an election. They’re designed to ensure any actions taken during this period don’t bind an incoming government or limit its actions.
It means the government can’t make major policy decisions, make significant appointments or enter into major contracts or undertakings. The ongoing business of government service delivery and administration can continue.
The conventions are not legally enforceable.
It’s another aspect of the conventions the ACT Greens felt has been breached, around reinforcing the apolitical nature of the ACT public service.
The conventions have guidelines that aim to avoid “the use of Territory resources in a manner that advantages a particular party”.
Section 4(i) of the conventions stated that ACT Government premises or assets could be used “as the backdrop” for political advertising or material, and that “appropriate permission” must be sought.
“It is not appropriate for official resources to be utilised and the operations of the site should not be impacted,” it stated.
The ACT Greens have questioned ACT Labor’s use of the Fitzroy Pavilion at EPIC for electoral material during the caretaker period. Photo: Screenshot.
Mr Braddock said that while all political parties and candidates could ask for access to government facilities for campaign purposes, and the public service could provide it, he felt these instances were different.
“In these cases, it was the Chief Minister’s office asking, and the public service is in the habit of saying yes,” he said.
“I think Labor has been in government for such a long time that there’s complacency on both sides, among politicians and the public service, that’s not-so-much nefarious as it is foreseeable and disappointing.”
An inquiry is currently underway into the conventions following revelations that Health Minister Rachel Stephen-Smith’s office had been advised that demand was running ahead of funding for the health system only days before pre-poll voting opened for the 19 October election.
Mr Braddock said the convention’s language needed to be tightened to make it explicitly clear about what public service resources could and couldn’t be used during the caretaker period.
“We need that to be clearer, because the public service needs to protect itself from any perception of bias or politicisation, and to give them the courage to be able to say ‘no’ when their political masters come knocking.”
The Chief Minister has responded to the allegations, stating he felt the ACT Greens were implying that the public service had “failed in their responsibilities” under the caretaker conventions.
“[This] is disappointing,” Mr Barr said.
He stated the request for access to the Fitzroy Pavilion was in line with caretaker conventions and that the original visit had been for an opportunity to get photos. Permission was then also sought to use the photos as part of electoral materials.
“It was not a secret that the Fitzroy Pavilion was close to completion during the caretaker period,” Mr Barr said.
“Any political candidate could have sought access to the site during this period.”
As for the Carlotta Restaurant opening, he said he had been invited to the opening in his official capacity as Chief Minister, and it wasn’t a campaigning event.
“Under caretaker conventions, the Chief Minister can receive factual information, such as an arrangements brief for the event, prepared by the public service.”
The inquiry into caretaker conventions is underway, with no further public hearings expected at this stage. The committee is expected to deliver its report by 4 December.
