Caretaker period for local government



Published Thursday 11 February 2016

The build up to a local government election involves multiple facets, none more important than the caretaker period.

Our local government has now enacted its Caretaker provisions, in the lead-up to the election on Saturday, March 19.

The caretaker period for a local government is the period during local government elections that starts on the day when public notice of the holding of the election is given (March 8) and ends at the conclusion of the election.

During this period, local government must adhere to the following:

Election material

A local government must not, during the caretaker period of the local government, publish or distribute election material. Election material is anything able to, or intended to:

  • Influence an elector about voting at an  election, or
  • Affect the result of an election 


Major policy decisions

A local government must not make a major policy decision during the caretaker period of the local government. However, in exceptional circumstances, a local government may make a major policy decision in the public interest during the caretaker period, once approval has been given by the Minister.

Under the legislation, a major policy decision means a decision:

  • about the appointment, remuneration or termination of a chief executive officer of the local government;
  • to enter into a contract greater than $200,000 or one per cent of the local government's net rate and utility charges (as stated in the local government's audited financial statements included in the local government's most recently adopted annual report) --  whichever is greater.


A major policy decision made by a local government during a caretaker period will be invalid if the Minister's approval has not been sought prior to making the decision.

A local government may be liable for damages for contracts entered into for major policy decisions during the caretaker period without the Minster's approval.

There are a number of factors impacting the media. For most operational matters, for example, the CEO becomes the primary spokesperson for Council.