Download Caretaker Conventions in Australasia: Minding the Shop for by Anne Tiernan, Jennifer Menzies PDF

By Anne Tiernan, Jennifer Menzies

During this monograph, Anne Tiernan and Jennifer Menzies capably chart the customarily detrimental terrain of the ‘caretaker interval’ that ensues from the time an election is named until eventually a brand new executive is shaped. this can be a panorama fraught with political and administrative risks - fairly for public servants who're required to ‘mind the store’ and hold the fundamental equipment of presidency going. The conventions symbolize an ancient accretion of customized, perform and principles, frequently leavened with uncertainty. In tackling their topic, Tiernan and Menzies draw upon their shared previous reviews as public servants and ministerial ‘staffers’ in addition to the top criteria of educational scholarship - this can be a ‘must learn’ for politicians, public servants and scholars of presidency.

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These include: • • • consultation with the Opposition; consultation with the contractor to see if the contract could be renegotiated; and the development of contracts which include a clause providing for termination in case an incoming government did not wish to proceed. Jurisdictions with fixed parliamentary terms may find managing contractual arrangements less complex, since the regular election date is known in advance. The management of contracts is routine administration for many departments, and often involves long lead-times.

This means the application of the conventions is both simple and complex at the same time. The application of conventions is in some ways simple, because they are based on two principles: • • with the dissolution of the House, there is no popular chamber to which the Executive government can be responsible; and every general election brings with it the possibility of a change of government (Department of the Prime Minister and Cabinet, Annual Report 1986-1987, p. 39). Applying the conventions can also be complex because difficult judgements sometimes have to be made about whether an action will cause a breach of those underlying principles.

Fraser was accused of excluding many thousands of citizens from exercising their right to vote and an action was mounted in the High Court, albeit unsuccessfully. The Joint Select Committee on Electoral Reform (JSCER), established by the Hawke Labor Government in 1983, considered the issue as part of a wide-ranging review of Australia’s electoral system. It recommended a proclamation by the Governor-General to announce the election date a minimum of seven days before writs are issued. 151(2)). 155).

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