Caretaker conventions were breached during last year’s election when Chief Minister Andrew Barr MLA accepted government briefings before his reappointment was secured, the ACT Greens claim.

The issue was raised in a Legislative Assembly inquiry, which heard that Kathy Leigh, head of the ACT Public Service, gave Mr Barr a comprehensive incoming government brief on election night, accompanied by a letter that congratulated him on his “forthcoming re-election as Chief Minister of the ACT”. Mr Barr has said the brief was provided in line with precedent.

The letter “reeks of entrenched Labor influence”, Greens MLA Andrew Braddock said.

“The Legislative Assembly appoints the Chief Minister, not the Head of Service. 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.”

Caretaker conventions, by design and practice, apply until it is abundantly clear that a prospective Chief Minister has the confidence of the Assembly, the Greens stated. The Chief Minister can only form a government and appoint a cabinet once he is elected by the Assembly.

Mr Barr, however, was only elected Chief Minister on 6 November and formally confirmed when Greens leader Shane Rattenbury MLA provided a written commitment of support on 5 November.

However, Mr Barr said: “It was widely reported from the evening of 19 October 2024 that Ms Lee and the Canberra Liberals had conceded the election. Ms Lee also rang me prior to her concession speech on election night. I also received verbal advice from the Leader of the Greens indicating their intention to negotiate the formation of a progressive Government.

“Neither myself nor my office requested briefings from the ACT Public Service at this time. The incoming government brief was provided in line with established precedent and contained factual information only.”

Mr Braddock argued that the brief gave Labor an advantage during post-election negotiations. It provided advice on how Labor could implement its policies well before Mr Barr had secured the numbers to become Chief Minister this term, Mr Braddock said.

“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.

“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.”

Mr Barr responded: “The suggestion that the ACT Public Service has been politicised and failed in their responsibilities under the caretaker conventions, is disappointing. We have a professional and hardworking public service that takes its responsibilities seriously and acts with integrity.

“It is also worth noting that the Canberra Liberals immediately began a post-election leadership spill and one week before the caretaker period formally ended (31 October) formally changed their leader.   These actions were consistent with the election night concession.”

Mr Braddock said the episode highlighted the need to protect public service neutrality.

“As a public service town, Canberrans understand the importance of impartiality and allowing the election process to unfold without intervention from the incumbent government.”

This is the second complaint the ACT Greens have raised against Ms Leigh recently. Last month former minister Emma Davidson MLA stated that she raised concerns with Ms Leigh that the Community Services Directorate was not briefing her. Independent MLA Thomas Emerson asked for an investigation into whether Ms Leigh treated the Assembly with contempt by withholding information. Mr Barr stated that he had confidence in Ms Leigh.