On 17th July 2010, the Prime Minister of Australia, Julia Gillard, announced that an Australian federal election for the House of Representatives would be conducted on 21st August 2010. In accordance with Australian accepted governmental practice, the current government at that time (the Australian Labour Party) then assumed a ‘caretaker role’ which was to continue until the election result became clear or, until a new government was officially appointed. 

Due to an exceptionally close vote count, the results of the recent Australian federal election still remain unclear. As of 3:00pm 26th August 2010, 80.46% of the primary vote has been counted, with the Australian Electoral Commission stating they are now concentrating on absentee, postal, pre-poll and provisional votes. Given the particularly close nature of the results already counted, it seems likely that there will be no clear election outcome for at least another one to two weeks. 

The current ‘caretaker ’ government led by Julia Gillard is therefore obliged at this stage to continue in its role until an election result is clearly determined and the newly elected House of Representatives is officially instated .

The Guidance On Caretaker Conventions 2010 document acknowledges that during the caretaker period “... the business of government continues and ordinary matters of administration still need to be addressed.” Australian governmental ‘caretaker conventions’ in these circumstances aim to ensure that any actions undertaken by a caretaker government do not bind an incoming government and/or limit its freedom of action. In summary, the conventions direct that the caretaker government avoids:

making major policy decisions that are likely to commit an incoming government to a course of action

making significant appointments which will bind an incoming government

entering major contracts or undertakings which will bind an incoming government

Given that the Australian government is currently operating under these caretaker conventions and will continue to do so at least for the immediate future, it is reasonable to consider that all provisions, practices and policies regarding Australian immigration matters and all Australian visa determinations will remain as they presently stand while under the caretaker government. No changes are likely to be made to any official position of the Australian Government or the Department of Immigration and Citizenship on Australian immigration matters at least until the official outcome of the recent federal election is determined.

An online pdf copy of the Guidance On Caretaker Conventions 2010 document can be viewed at:

http://www.dpmc.gov.au/guidelines/docs/caretaker_conventions.pdf