2025-10-02
Caretaker rules were in the spotlight today as a Legislative Assembly inquiry challenged the Chief Minister over possible breaches tied to the 2024 Election period.
Andrew Barr was questioned about a comprehensive incoming government brief provided to him by the Head of Service Kathy Leigh immediately after the election, with a letter dated on election night that read: "Congratulations on your re-election to the Legislative Assembly and on your forthcoming re-election as Chief Minister of the ACT."
"The Legislative Assembly appoints the Chief Minister, not the Head of Service," said Andrew Braddock MLA, Greens spokesperson on Democracy.
"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."
The brief provided advice on implementing Labor's policies well before Mr Barr had secured the numbers to become Chief Minister this term.
"Andrew Barr's acceptance of this brief has directly impacted Canberra's democracy. By assuming the powers of Chief Minister before the Caretaker period ended, he used the advantage of incumbency to shape negotiations.
"The reality is Mr Barr's reappointment as Chief Minister was not guaranteed. The Labor party did not win a governing majority, therefore extensive negotiation needed to happen - and indeed did happen - across all parties before a Chief Minister could be appointed."
The briefing provided from the Head of Service immediately after the election detailed how Labor could implement Labor election promises, pre-empting negotiations Labor would need to have in order to actually form Government.
"We found Labor completely unwilling to budge on their agenda, and now we know they already had an information advantage on how to implement their policies from the public service.
"Mr Barr certainly shouldn't have signed government briefs, directing the public service to act, before he was officially given the role of Chief Minister on the first sitting day of the new term.
"As a public service town, Canberrans understand the importance of impartiality and allowing the election process to unfold without intervention from the incumbent government."