This article gives an overview of the caretaker government convention, government formation, and the requirements for the first sitting of parliament.  The electoral agencies are not involved in these processes beyond the Chief Electoral Officer's responsibility to complete the official count, return the writ and declare the election of list members of parliament.

Caretaker government

While the formation of a government is negotiated and finalised, the previous administration continues to govern in a caretaker role. 

Decisions taken and specific policy determined before the start of the caretaker period may be implemented by a caretaker government.  In general terms, the normal business of government and the day to day administration of departments and agencies in the wider state sector continues. 

However, significant current issues, policy changes, or other decisions with long-term implications are put off for the new government to deal with.  Where significant decisions cannot be put off, then they will generally be made by the caretaker government in consultation with other parties to ensure the decision would be supported by a majority in the House of Representatives.  The level of consultation might vary according to such factors as the complexity, urgency and confidentiality of the issue.

This section has summarised the Caretaker Convention as set out in The Cabinet Manual.

Government formation

The government will be formed by the party or grouping of parties best able to win important votes in the House of Representatives. 

If the government-in-waiting is clear as a result of the election, or becomes clear as the result of parties negotiations, then the Governor-General will call on its leader to be Prime Minister. 

If it is not clear then the Governor-General may wait for Parliament to meet to see if a party or grouping of parties can win a vote of confidence in Parliament.  The Governor-General may call a fresh election if no government can form. 

The Cabinet Manual discusses elections, transitions and government formation in detail. 

The State Services Commission describes the requirements of government agencies during: periods of caretaker government, coalition negotiations, and the briefing of incoming ministers in its election year guidance to public servants.

First sitting and term of parliament

The last possible date for Parliament to sit following the 2005 election was 18 November 2005, six weeks after the last day for the return of the writ declaring the election of electorate MPs. 

The return of the writ and the subsequent declaration of election of list members of parliament confirms the final make-up of parliament, and may be needed for a prospective government to confirm it can win confidence votes. 

The three year maximum term of a Parliament also runs from writ return date, meaning that the Parliament elected in 2005 will expire on 6 October 2008 (if not dissolved earlier) and the latest possible date for the next election is Saturday, 15 November 2008. 

The Parliament website provides a fact sheet (.pdf 240KB) with more detail of the requirements and events surrounding the ending of one parliamentary term, the election, and the opening of the new Parliament.