Question regarding the resignation requirements for a Member of Parliament contesting a different seat and the use of ministerial resources during the election period. The Minister clarifies the rules and expectations.

AnsweredQoN 860Legislative Council
Asked
25 October 2012
Portfolio
Electoral Affairs

QuestionView source ↗

MEMBER FOR CENTRAL WHEATBELT — ELECTION
WRITS
860. Hon LINDA
SAVAGE to the Minister for Electoral Affairs:
(1) When the
election writs are issued, is it the case that the member for Merredin will
have to resign from his seat in order to be legally entitled to nominate to
contest the seat of Pilbara?
(2) In that
period when he is no longer a member of state Parliament, will the government
insist that the member also relinquish his ministerial office and resources to
ensure that, at least for the formal election period, these resources are not
used for party political purposes?

AnswerView source ↗

I thank the member for some notice of the question. This
answer is provided on the basis that there is no Merredin district; rather, it
is the seat of Central Wheatbelt, as determined in October 2007. I assume that
is what the member is referring to.
(1) No. The
terms of office do not overlap. All Legislative Assembly seats are effectively
vacant at the time the writ is issued. Any member of the Assembly may nominate
for the following election without the need to resign, irrespective of whether
or not it is for the same seat.
(2) It is
expected that the issue of the writ for elections for the Legislative Assembly
will trigger the caretaker period for the public sector. At all times, but
particularly during the caretaker period, public sector resources should not be
used for electioneering. The minister's office will continue to
function to support the normal business of government that continues during a
caretaker period.

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