Overview

A federal election is due to occur by 17 May 2025. This guide sets out obligations and considerations that apply to all Victorian public sector employees (employees) during the election period.

Leading up to and during the formal election period, it’s important to maintain public trust and remain apolitical. This applies to all employees, but it’s particularly important if you choose to engage in election activity. Election activity can consist of a range of activities including:

  • campaigning or taking action to help or oppose a candidate, political party or interest group (see below)
  • being an office bearer for a political party or interest group (see below)
  • being a candidate for election (see below).

While you have the right to participate in election activities, as a Victorian public sector employee, you must continue to:

If you engage in election activity, a range of requirements and restrictions will apply. You must comply with them whether you are campaigning, an office bearer or a potential candidate.

If you intend to stand for election, you should seek independent legal advice. It’s highly likely you’ll be advised that the Australian Constitution prevents you being validly elected unless you’ve resigned from your public sector job. And that your resignation must be in effect prior to lodging your candidate nomination with the Australian Electoral Commission Electoral Commission (AEC) (see below). This is different from the situation for local and state government elections.

There is a mechanism for seeking reinstatement to your previous role in the event you are not elected that applies to Victorian Public Service and some public sector roles. You should seek independent legal advice about whether this is available to you.

Balancing your political rights with your employee obligations

For the purpose of complying with our public sector obligations, the election period runs from the informal lead up to the election, which includes campaign activities before declaration of an election, through to the election aftermath which incorporates the formal declaration of the results and the formation of a new government. During this time, it’s essential to maintain public trust in the apolitical nature of our public sector.

Your rights

Victoria’s Charter of Human Rights and Responsibilities Act 2006 (the Charter) sets out your right to participate in public life. This includes:

  • the right to vote
  • the right to be involved in supporting political campaigns.

The Australian Constitution also has an implied freedom of political communication. However, these rights must be balanced against your obligations as a public sector employee, as explained below.

Your employee obligations still apply

Whilst you have the right to participate in election activities, as a Victorian public sector employee, you must continue to:

  • perform your job in an apolitical and impartial manner
  • comply with the other requirements in the code.
  • comply with your other public sector obligations, such as your employer’s conflict of interest policy.

If your election activities contravene the code, your employer’s policies or relevant laws, your employer may take disciplinary or other action.

Most relevant employee obligations to focus on during elections

Apolitical workforce and workplace

The public and your employer must be able to trust that you will perform your public sector duties in an apolitical manner.

In the course of your work, you must:

  • perform your duties in an apolitical manner
  • never engage in activities that support a political party, interest group or candidate
  • conduct yourself in an apolitical manner when in a workplace context
  • respect your colleagues right to work in an apolitical workplace environment.

For more information see item 2.2 of the code, ‘Remaining apolitical’. Your employer’s policies may also include requirements in this regard.

Never use work information for political activities

Never disclose or use information gained as a public sector employee for your own benefit or the benefit of others. In particular, never disclose or use it for political purposes.

You must always:

  • maintain the confidentiality and privacy of workplace information
  • only use information for its official purpose and in an approved manner
  • handle all information in accordance with relevant legislation and your employer’s policies and procedures.

For more information see item 3.4 ‘Official information’, item 6.2 ‘Privacy and confidentiality’ and item 6.3 ‘Maintaining confidentiality’ of the code. Your employer’s policies and relevant laws are also likely to include restrictions in this regard.

Public comment

Only make official public comment on behalf of your employer or the government if you are specifically authorised to do so.

Only make a personal public comment that relates to the election if:

  • it’s not about government activity you’re involved in or connected with as a public sector employee
  • it’s clear you’re expressing your personal opinions, not those of your employer or the government
  • it doesn’t compromise your ability to do your job in an unbiased manner – including that the public, and your employer, will still trust you to be apolitical and impartial in how you perform your job.

Personal public comments include things you say, do, write or display. They also include a range of other actions such as posting or reposting on social media, responding to posts (such as likes, dislikes, emojis, gifs, photos, videos, memes).

For more information see item 3.5 of the code, ‘Public comment’. Your employer’s policies are also likely to include restrictions in this regard. For example, a social media policy.

Public trust

Both in your work as a public sector employee and in your private life, you must work to maintain the public’s trust that you, your employer, and the public sector fulfill your roles with integrity, in an apolitical and impartial manner.

Avoid election activities that would damage this public trust.

For more information see item 3.9 of the code, ‘Public trust’.

Conflicts of interest

You must always declare a conflict of interest in accordance with your employer’s conflict of interest policy. For example, if you engage in political activities which it would be reasonable for people to believe might influence whether you’ll perform your public sector job in an apolitical manner.

Factors such as the extent to which your political activities relate to your public sector role will affect the risk and determine what is included in the conflict of interest management plan, which you must follow.

For more information see item 3.7 of the code, ‘Conflict of interest’. Also see your employer’s conflict of interest policy.

Other employment

Discuss with your manager whether your political activities:

  • require approval as ‘outside employment’, or
  • raise a conflict of interest that must be declared and managed in accordance with your organisation’s conflict of interest policy.

For more information see item 3.8 of the code, ‘Outside employment’. Also see your employer’s Outside employment policy.

Important circumstances to consider before you engage in election activities

Some circumstances might make it more difficult for you to comply with the Code of Conduct while engaging in election activities.

You should consider, as a guide, the following factors when assessing your circumstances and any proposed public engagement in your personal capacity, including:

  • campaigning or taking action to help or oppose a candidate, political party or interest group (see below)
  • being an office bearer for a political party or interest group (see below).

Seniority and expertise

The more senior you are, or the more expertise you are commonly regarded as having on a particular topic, the more likely the community is to believe that:

  • any comments you make, including in a personal capacity, may be based on insider information
  • you’re somehow speaking in your professional capacity despite any assertions you may make to the contrary.

Connection to duties

Political activity on election matters, including public policy, will be inherently riskier if your public sector duties directly relate to your political activity. People are less likely to trust that you will fulfill your public sector role in an apolitical manner.

For example, if you work in an organisation that develops and implements environment policies and you comment publicly on federal environmental policy, this is likely to be higher risk than commenting on an area of work that the state government is not involved in at all. Even then, you need to exercise care with the tone of any comment you make, as you may still risk seriously damaging the public’s trust in your ability to do your job in an impartial manner if your express yourself in an extreme way.

Expression

The more extremely you express yourself, the more likely that reasonable members of the community will believe:

  • you won’t put aside your personal views and fulfil your job in an apolitical manner
  • you won’t behave with integrity, impartially and respect in the workplace context.

Campaign activities

The following are examples of campaigning activities that must comply with the obligations in the code, your employer’s policies and other public sector obligations, such as applicable laws. It includes political activity you undertake on your own initiative or at the request of others.

Campaigning includes activity you undertake to support or oppose a political candidate or political party.

Examples of campaign election activities

Below are examples of election activities it’s usually ok to participate in, provided your actions do not cast doubt on your ability to perform your public sector role in an apolitical manner:

  • deliver or hand out leaflets
  • distribute how to vote cards
  • display signs or banners on your fence, car or other vantage points, such as at train stations, bus stops and at polling locations
  • assist with the campaign’s administrative work
  • develop election advertising material
  • organise or take part in candidate forums
  • campaign on social media
  • wear or display political material.

Whilst these activities are generally permissible, you still need to consider how these activities may intersect with your public sector role, including your seniority, connection to duties and the nature of your expression.

Examples of restrictions that maintain an apolitical workplace

Below are examples of restrictions you must follow to maintain an apolitical workforce and workplace context:

  • never engage in political activities in the workplace context or during workplace hours
  • conduct yourself in an apolitical manner when in a workplace context
  • perform your duties in an apolitical manner
  • never let political activities influence or interfere with your work
  • respect your colleagues’ right to work in an apolitical workplace environment
  • never campaign at work, such as by putting up posters, leaving flyers or sending emails
  • never publicly support or criticise the policies of any political party or candidates in the workplace
  • never ask colleagues to assist with your campaign.

Examples of restrictions outside the workplace context

Some examples of restrictions that apply outside the workplace context, so as to maintain an apolitical workforce are:

  • do not make a personal public comment on a political matter if it relates to your work as a public sector employee
  • do not use government resources or equipment to further political activities – for example, do not wear an official uniform or use work resources, including vehicles, while involved in election activities
  • do not use any official information obtained through your employment in the public sector except for official purposes or if you have approval.

Being an office bearer

You have a right to be an office bearer in a political party or interest group, provided your actions do not cast doubt on your ability to perform your public sector role in an apolitical manner. An officer bearer is someone who holds a formal position of authority and responsibility within a political party or interest group (e.g. Treasurer, Secretary, Branch President etc.) However, as a public sector employee you must continue to comply with the code, your employer’s policies, and any other public sector obligations that bind you.

For example, if you are an office bearer in a political party or interest group you must always declare a conflict of interest as a precautionary measure, in accordance with your employer’s conflict of interest policy. This is because people are more likely to perceive that an official office holder may not perform their public sector job in an apolitical and impartial manner.

You will need to develop a conflict of interest management plan in consultation with your employer to manage the conflict proportionate to the risk. Factors such as the extent to which your political activities relate to your public sector role will affect the risk and determine what is included in the conflict of interest management plan.

Standing for election

If you intend to stand for election to federal parliament you should seek independent legal advice, including:

  • whether section 44 of the Australian Constitution will disqualify you from being validly elected
  • whether you may be able to be reinstated to the public sector if you are not elected.

You also must comply with your conflict of interest and other obligations, for example:

  • declare a conflict of interest, as a precautionary measure, when you are preselected or begin campaigning unofficially
  • comply with the requirements that apply to any employee (not just a candidate) who is undertaking election activity such as campaigning.

Guard against disqualification from election

Section 44 of the Australian Constitution lists five grounds which disqualify a person from being elected to federal parliament. Seek independent legal advice about these grounds and how they apply to you.

Specific to employees, section 44 (iv) states:

‘any person…holding an office of profit under the Crown… shall be incapable of being chosen or sitting as a senator or member of the House of Representatives’.

In practice this means you’ll likely be disqualified from being validly elected unless:

  • you resign from your Victorian public sector job, and
  • your resignation is in effect before you lodge your candidate nomination with the Australian Electoral Commission Electoral Commission (AEC).

For further information, consult the AEC’s resources including information about the grounds for disqualification and Nomination Guide for intending candidates.

Check whether you’re eligible to apply for reinstatement if you’re not elected

If your candidacy is unsuccessful, you may be able to apply for reinstatement as a Victoria public sector employee.

Reinstatement can only occur in certain circumstances. If you’re reinstated it may not be to the same job you held previously. But it will usually be at the same level.

It is your responsibility to seek independent legal advice about your eligibility for reinstatement and any related issues that may exist. For example:

  • Schedule 1, Clause 3 of the Public Administration Act 2004 (PAA) allows public service employees who’ve resigned so they can stand for federal election, but who do not win a seat, to seek reinstatement by the Governor in Council.
  • certain other groups of employees are also eligible to apply – for example, teaching service employees or Victoria Police members.

If you’re eligible to seek reinstatement, do so as soon as possible after the election result is declared. This is because the PAA requires any reinstatement application granted by the Governor in Council to be published in the Government Gazette within two months of the declaration of the poll. It’s your responsibility to apply promptly, so your application can be considered and, if granted, gazetted in time.

How to apply

To apply for reinstatement:

Further information about the federal election

You can contact the Australian Electoral Commission (AEC) for further information about the federal election.

Questions about this guidance should be directed to the Victorian Public Sector Commission at integrity@vpsc.vic.gov.au.

Reviewed 11 March 2025

Published 11 March 2025