“At the time, it was not clear that Labor would form government. As it turned out, there were considerable negotiations and trade-offs prior to the Assembly agreeing to Barr being reappointed,” writes political columnist MICHAEL MOORE.

The extent to which the ACT Public Service remains impartial is under examination. 

The ACT Assembly’s Select Committee on Caretaker Conventions is already unearthing information that raises serious questions about inappropriate bias.

Most Canberrans are aware of the hard work and dedication of the vast majority of public servants that work in Canberra – whether for the federal or the ACT governments.

However, there are conventions in place that are designed specifically to ensure public service actions remain politically impartial, especially during election campaigns.

Former minister and attorney-general in the previous government, Shane Rattenbury, is chair of this committee that includes Liberal Leanne Castley and Labor’s Taimus Werner-Gibbings. Hearings of the committee have already revealed a worrying trend.

In 2022 the federal Department of the Prime Minister and Cabinet published a comprehensive guidance document on caretaker provisions. It includes the idea that the caretaker conventions “support practices that are intended to preserve the apolitical nature of the Australian Public Service”.

As part of attempting to ensure the public service remains impartial at this time, Guidance on Caretaker Provisions also considers the inappropriate “use of Australian Government resources in a manner that may advantage a particular political party whilst recognising the need for the day-to-day business of government to continue during the caretaker period”. 

In early October the ACT Chief Minister Andrew Barr was cross-examined by the select committee over possible breaches tied to the 2024 election period. 

The Greens’ Andrew Braddock MLA raised concerns about the style of briefing received by Barr before the time he was re-installed as chief minister in 2024.

A briefing dated on election night by Head of the ACT Public Service Kathy Leigh read: “Congratulations on your re-election to the Legislative Assembly and on your forthcoming re-election as Chief Minister of the ACT.”

Labor had not won a majority and the decision for chief minister is made on the floor of the Assembly. AsBraddock stated: “It’s incredible to see this presumption of continuous Labor government set down in black and white from the public service, while the votes were still being counted”.

One of the major disadvantages of long-term incumbency of a government is the complacency of the public service. As the ACT approaches a quarter century of Labor governments, it is even more important to ensure that conventions, such as caretaker, are not only understood – but they are also respected.

The briefing that was received and accepted by Barr “detailed how Labor could implement Labor election promises”. 

At the time, it was not clear that Labor would form government. As it turned out, there were considerable negotiations and trade-offs that did occur prior to the Assembly agreeing to Barr being reappointed as chief minister.

A matter that ought to be considered by the select committee, is Operation Kingfisher and the ACT Integrity Commission.

The investigation into any political influence on decisions regarding tenders for building works at the Campbell Primary School is still not resolved.

In 2023 the head of the Education Directorate, Katy Haire, attempted to shut down or delay Operation Kingfisher through a Supreme Court challenge. The matter was due to be recommenced in November 2024, directly after the October election. However, following withdrawal of the court challenge by Ms Haire, a final judgment was delivered in March 2025, with no findings against the Integrity Commission and no orders regarding costs. 

To what extent was this action taken up to and through the caretaker period? Was it to protect the Deputy Chief Minister? Procedural fairness does play a role. However, transparency and accountability are also an important part of a healthy democracy. Neither seem to be at play in this circumstance.

Caretaker conventions do not just apply to individual public servants within portfolio departments. The PM&C Guidance on Caretaker Conventions states: “All bodies should observe the conventions and practices, unless doing so would conflict with their legal obligations or compelling organisational requirements”. 

The issues before the Integrity Commission being examined by Operation Kingfisher began in 2019 and have now been running for over two elections. Hopefully, the delays, for example by legal actions, will drop away and a report will finally see the light of day.

Michael Moore is a former member of the ACT Legislative Assembly and an independent minister for health. He has been a political columnist with “CityNews” since 2006.