Participation in federal and state elections

A Western Australian public sector employee or officeholder who has been pre-selected to stand in an election is not required to resign or take leave when pre-selection is confirmed.

However, it is particularly important that the employee and their employer manage perceived and actual conflicts of interest. Although not obliged to take leave before nominating as a candidate, the employee may wish to consider applying for leave in situations where it would:

• avoid any real or perceived conflicts of interest
• help the employee meet their obligation to keep election related conduct separate from their public sector role.

A public sector employee must resign from the Western Australian public sector before nominating as a candidate in a federal election. This ensures their candidacy is valid under section 44(iv) of the Commonwealth Constitution.

A person who is not a public sector employee but holds an office of profit under the Crown (such as a member of a government board or committee) may be at risk of being disqualified from nominating for election. The Australian Electoral Commission has more information.

The principal rules around public sector employees or officeholders contesting a state election are provided by the state’s electoral laws. In general, public sector employees may nominate without resigning but must take leave of absence for the election period commencing on the first working day after nomination. The Electoral Regulations (PDF) authorise public sector employees to apply for and take leave, and for public sector employers to grant leave in these circumstances.

In some situations, public sector employees may be required to resign in accordance with legislation before nominating for election. For more information, read section 77 of the Electoral Act 1907 and Schedule V of the Constitution Acts Amendment Act 1899. It is recommended that candidates seek advice from the Western Australian Electoral Commission about their status and eligibility to nominate for, or be elected to, State Parliament.

In situations where a candidate has resigned from the public sector but is subsequently not elected, sections 103 and 104 of the Public Sector Management Act 1994 provide for their re-appointment to the sector subject to certain criteria.

Public sector employees are reminded of their obligation to seek written permission from their employer before engaging in outside paid employment. This includes employment as polling officials for the Australian Electoral Commission. For more information, read section 102 of the Public Sector Management Act 1994.

Public sector employees must not use work time or public resources such as computers, telephones, vehicles and social media platforms for party political work. Officers, and ministerial staff in particular, should be aware of the potential for perceived conflicts of interest that may arise when assisting with election campaigns or party political processes.

Measures should be taken to manage real and perceived conflicts of interest which may include taking leave. Obligations are primarily set out in the PSM Act (particularly section 9), Commissioner's Instruction 40: Ethical Foundations and individual agency codes of conduct. These obligations apply to employees even when their participation is voluntary and unpaid.

Note: Caretaker conventions issued by the Department of the Premier and Cabinet apply to public sector employees during a state election and include information about political participation.