Guidelines on the Caretaker Conventions

The caretaker period commences at 6pm on Tuesday 1 November 2022 and continues until either it becomes clear the government has been returned, or the time when a new government is commissioned.

During this time, the Guidelines on the Caretaker Conventions may apply to Freedom of Information (FOI) applications.

• The business of government and public administration continues, and FOI officers should continue to process FOI applications in line with their obligations under the Freedom of Information Act 1982, taking into account the matters outlined in the Guidelines;
• An agency may brief its Minister about significant FOI decisions being made by the agency, subject to the requirements of the relevant engagement protocol;
  • Where Cabinet in Confidence material is retained by an agency for the purpose of processing a FOI request, the relevant departmental Cabinet or Executive Services team must provide a list of the relevant documents retained for this purpose to the Cabinet Office, Department of Premier and Cabinet, by 7 November 2022;
  • Departments and agencies must ensure that all Cabinet in Confidence material is kept in a secure place with authorised access for the purposes of the FOI application only; and
  • Once the FOI application is complete and the Cabinet in Confidence material is no longer required, the department Cabinet or Executive Services team (on behalf of the agency) must ensure the secure destruction of the Cabinet in Confidence material.

Departmental and agency staff can contact their departmental Cabinet or Executive Services team for further advice and guidance.

For queries about the caretaker period and the Guidelines on the Caretaker Conventions contact the Office of the General Counsel, Department of Premier and Cabinet at caretaker@dpc.vic.gov.au.