Public Sector Commissioner's Circular 2013-02 The Involvement of WA Public Sector Employees or Office Holders in a Federal Election (Rescinded)

Enquiries To: Office of the Commissioner, Public Sector Commission (08) 6552 8550

Number: 2013-02
Issue Date: 15 April 2013
Review Date: 30 September 2013

THE INVOLVEMENT OF WA PUBLIC SECTOR EMPLOYEES OR OFFICE HOLDERS IN A FEDERAL ELECTION

POLICY

A Federal election will be held on 7 September 2013.

This Circular provides general information for public sector employees, or other persons who hold an office of profit under the Crown, who may be nominating as a candidate for election to the Senate or the House of Representatives, or participating in the election in some other form.

BACKGROUND

Pre-selection as a Candidate

Officers who are pre-selected to stand in the Federal election are not required to resign when pre-selection is confirmed. However, it is particularly important that officers who have been preselected as a candidate manage perceived and actual conflicts of interest carefully (please see Participation in the Election below).

Nomination as a Candidate

Intending candidates must be qualified to be elected to the Commonwealth Parliament of Australia. A number of disqualifications are set out in the Commonwealth Constitution, including one related to persons “holding any office of profit under the Crown”.

Section 44 (iv) of the Commonwealth Constitution states that:

Any person who:

(iv) holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth,

shall be incapable of being chosen or of sitting as a senator or member of the House of Representatives.

Public sector employees should be aware that they therefore are not qualified to nominate for election to the Commonwealth Parliament unless they have resigned their office before they nominate.

Persons who are not public sector employees but otherwise hold an office of profit under the Crown, such as members of government boards and committees, may also be at risk of disqualification.

More detailed information on this matter is available from the Australian Electoral Commission (AEC) at www.aec.gov.au in:

• Electoral Backgrounder: Constitutional Disqualifications and Intending Candidates


• Candidates Handbook

Employees who resign to stand for election may be eligible to be reappointed, where they fail to be elected, in accordance with section 103 of the Public Sector Management Act 1994. Section 104 of the Public Sector Management Act 1994 provides that a person does not accrue any rights as an employee during the period of resignation but that resignation does not affect continuity of service.

It is recommended that all employees and other office holders considering nomination seek independent legal advice.

Participation in the Election

Public sector employees are reminded of the obligations imposed on them pursuant to section 102 of the Public Sector Management Act 1994. Employees who intend to engage in some form of paid employment, such as a polling official for the AEC, are required to seek written permission from their employing authority to do so (i.e. Chief Executive Officer).

Public sector employees should note that it is not appropriate to use office time or resources (computers, phones, vehicles etc.) for party political work. Employees, and ministerial staff, in particular, should also be aware of the potential for perceived conflicts of interest where they assist with party political processes.

These obligations are primarily set out within:

• the Public Sector Management Act 1994 (particularly section 9);


• the Western Australian Public Sector Code of Ethics; and


• agency codes of conduct.

These obligations extend to employees even where their participation may be voluntary and unpaid. For information regarding Commonwealth requirements please visit the AEC website.

M C Wauchope
PUBLIC SECTOR COMMISSIONER

Other relevant Public Sector Commissioner’s Circulars: n/a