A parliamentary question regarding potential breaches of caretaker conventions by DMIRS employees, specifically concerning policy changes impacting the mining industry and political activities. The Minister's response outlines the importance of caretaker conventions and refers to relevant legislation and codes of conduct.

AnsweredQoN 473Legislative Council
Asked
31 October 2017
Portfolio
Mines and Petroleum

QuestionView source ↗

(1) Does the Minister support Department of Mines Industry Regulation and Safety (DMIRS) formerly Department and Mines and Petroleum (DMP) employees altering policy and departmental documents which have had a major impact on the mining industry when the previous Government was in caretaker?
(2) If yes to (1), why?
(3) If no to (1), why not?
(4) Can the Minister explain why is it so important that employees observe and comply with caretaker conventions when an election is called?
(5) If no (4), why not?
(6) What are the specific relevant sections of legislation and penalty, if any, for employees from DMIRS, formerly DMP, that do not comply with caretaker conventions and in particular altering policy and departmental documents which have had a major impact on the mining industry?
(7) Does the Minister support employees being involved in party political activities?
(8) If yes to (7), why?
(9) If no to (7), why not?

AnswerView source ↗

Answered
5 December 2017
Responded by
Minister for Regional Development representing the Minister for Mines and Petroleum
Response time
9 days
(4) In the caretaker period, efforts are made to ensure that decisions are not taken that would bind an incoming government and/or limit its freedom of action. The practices associated with the caretaker role are also directed at protecting the apolitical nature of the public sector and avoiding the use of government resources in a manner to advantage a particular party. The arrangements also aim to prevent controversies about the role of the public sector during an election campaign. (5) Not applicable (6) Any action arising from non-compliance with caretaker conventions would be in accordance with the Public Sector Management Act 1994 and the Department of Mines, Industry Regulation and Safety’s Code of Conduct. (7) – (9) Whilst a public sector officer’s right to be involved in public life, including participation in political parties, is acknowledged the underlying principle is that such participation should not interfere with the performance of the officer’s functions and government resources should not be used to this end.
(5) Not applicable (6) Any action arising from non-compliance with caretaker conventions would be in accordance with the Public Sector Management Act 1994 and the Department of Mines, Industry Regulation and Safety’s Code of Conduct. (7) – (9) Whilst a public sector officer’s right to be involved in public life, including participation in political parties, is acknowledged the underlying principle is that such participation should not interfere with the performance of the officer’s functions and government resources should not be used to this end.
(6) Any action arising from non-compliance with caretaker conventions would be in accordance with the Public Sector Management Act 1994 and the Department of Mines, Industry Regulation and Safety’s Code of Conduct. (7) – (9) Whilst a public sector officer’s right to be involved in public life, including participation in political parties, is acknowledged the underlying principle is that such participation should not interfere with the performance of the officer’s functions and government resources should not be used to this end.
(7) – (9) Whilst a public sector officer’s right to be involved in public life, including participation in political parties, is acknowledged the underlying principle is that such participation should not interfere with the performance of the officer’s functions and government resources should not be used to this end.

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