Chief Minister Andrew Barr has dismissed the claims as baseless. Photo: Michelle Kroll.
The ACT Greens have accused Chief Minister Andrew Barr of undermining the democratic process immediately after last year’s election, alleging he accepted public service advice before he was officially reappointed to the role.
A Legislative Assembly inquiry this week put the spotlight on caretaker rules, questioning whether Mr Barr overstepped in the days following the October 2024 poll.
At the centre of the controversy is an “incoming government brief” from ACT Head of Service Kathy Leigh, congratulating Mr Barr on election night and outlining how Labor could deliver on its election promises.
The letter, dated 19 October 2024, stated: “Congratulations on your re-election to the Legislative Assembly and on your forthcoming re-election as Chief Minister of the ACT.”
Greens MLA Andrew Braddock said the wording showed a public service assumption that Labor would continue in power before negotiations had concluded.
“The Legislative Assembly appoints the Chief Minister, not the Head of Service,” he said.
“It’s incredible to see this presumption of continuous Labor government set down in black and white from the public service, while the votes were still being counted.”
Mr Braddock argued that by accepting the brief, Mr Barr used the “advantage of incumbency” to shape coalition talks with the Greens – even though Labor did not win a majority in its own right.
“The reality is Mr Barr’s reappointment as Chief Minister was not guaranteed,” he said.
“Extensive negotiation needed to happen – and indeed did happen – across all parties before a Chief Minister could be appointed.”
Chief Minister Andrew Barr saucing a ‘democracy sausage’ sandwich at Lyneham Primary School on election day. Photo: Michelle Kroll.
During negotiations to form government, the Greens said they found Labor “completely unwilling to budge on their agenda” and claimed this brief was the reason why.
“Now we know they already had an information advantage,” Mr Braddock said.
The party pointed to the caretaker conventions, which ran from the start of the pre-election period on 13 September until the Assembly formally elected a Chief Minister on 6 November.
The Greens only confirmed their support for Mr Barr via letter on 5 November.
“Mr Barr certainly shouldn’t have signed government briefs, directing the public service to act, before he was officially given the role of Chief Minister,” Mr Braddock said.
Chief Minister Andrew Barr dismissed the claims as baseless, saying the process followed long-standing precedent.
He said it was “widely reported” on election night that then-Opposition Leader Elizabeth Lee and the Canberra Liberals had conceded the contest, and that Ms Lee personally phoned him before her concession speech.
Mr Barr said he also received “verbal advice from the Leader of the Greens indicating their intention to negotiate the formation of a progressive government” on election night.
“Neither myself nor my office requested briefings from the ACT public service at this time,” Mr Barr said.
“The incoming government brief was provided in line with established precedent and contained factual information only.”
He also defended the public service.
“The suggestion that the ACT public service has been politicised and failed in their responsibilities under the caretaker conventions is disappointing. We have a professional and hardworking public service that takes its responsibilities seriously and acts with integrity.”
Caretaker rules are designed to ensure the public service stays neutral until it is absolutely clear who has the confidence of the Assembly to form government.
Unlike in the states, where premiers are sworn in by governors, in the ACT, the Assembly must vote on its Chief Minister.
