As Victoria approaches the State Election on Saturday, 28 November 2026, procurement practitioners should be aware of the caretaker conventions as they relate to major contracts and procurement activities.

In this blog, we look at the caretaker conventions, their implications for major contracts and tender processes, and how procurement teams can prepare for the election period.

What are the caretaker conventions?

Caretaker conventions apply from the time the Legislative Assembly expires or is dissolved for a Victorian State Election until either the incumbent government is returned or a new government is commissioned.

The conventions are designed to ensure that significant decisions are not made during the election period that could unnecessarily bind an incoming government. While the day-to-day business of government continues, governments generally avoid making major policy decisions, significant appointments, or entering into major contracts and undertakings during the caretaker period.

Preparing for the caretaker period

State elections can have a significant impact on procurement activities across the Victorian public sector. While procurement does not come to a complete stop during an election period, additional considerations apply once the government enters the caretaker period.

For the 2026 Victorian State Election, the caretaker period is expected to commence at 6:00pm on Tuesday, 3 November 2026, unless the Legislative Assembly is dissolved earlier.

The Victorian Government's Guidelines on the Caretaker Conventions provide direction on how government and public sector bodies should conduct business during this time. Understanding these requirements can help procurement practitioners plan ahead, manage risk, and ensure suppliers are appropriately informed.

Major contracts and undertakings

The caretaker guidelines state that governments should avoid entering into major contracts or undertakings during the caretaker period, particularly where those commitments could bind an incoming government.

Whether a contract is considered “major” will depend on several factors, including:

• The value of the commitment.
• Whether the procurement relates to routine administration or a potentially contentious policy, program, or initiative.
• Whether ministerial approval is required.
• Whether the procurement involves a public tender process.

This assessment is not always straightforward. A procurement with a relatively modest value may still attract scrutiny if it relates to a high-profile or politically sensitive initiative. Conversely, some high-value procurements may be considered routine operational activities.

As a result, procurement planning becomes particularly important in the lead-up to an election.

Implications for tender processes

Public sector bodies may continue procurement activities during the caretaker period. However, there is a possibility that an incoming government may decide not to proceed with a procurement process, particularly where the proposed procurement relates to a policy initiative or significant expenditure.

To ensure transparency, the caretaker guidelines recommend warning potential suppliers about the implications of the election. The caretaker guidelines propose the wording:

As the Victorian State election will be held on Saturday 28 November 2026, the Victorian Government will assume a caretaker role from 6.00pm on 3 November 2026 until such time that either it becomes clear that the incumbent government will be returned, or when a new government is commissioned.

In line with the caretaker conventions, the incoming government will determine whether to proceed with this [tender/grant] process and [enter into the contract/award the grants] after the caretaker period.

[Applicants/tenderers] should be aware that:

• all information about this [tender/grant] process represents the position of the current government only, and is subject to change
• the incoming government may decide to not proceed with this [tender/grant] process.

Including a disclaimer such as this helps ensure suppliers understand the potential risks associated with participating in a procurement process in the period leading up to an election.

In practice, tendering agencies are often keen to ensure that contracts of any size and type are signed well ahead of the caretaker period to avoid:

• debate about whether a contract will be affected by the caretaker conventions; and
• risk of delay to contract execution following an election.

Conclusion

With the Victorian State Election scheduled for 28 November 2026, now is a good time for procurement teams to review upcoming procurement activities and identify any projects that may be affected by the caretaker period.

Early planning can help avoid delays, provide greater certainty to suppliers, and ensure procurement activities continue in a manner consistent with the caretaker conventions. For procurement practitioners, understanding these requirements is an important part of managing probity, transparency, and risk during an election year.

Resource

• Guidelines on the Caretaker Conventions (Victorian Government)

***

CourtHeath acknowledges the Traditional Aboriginal Owners of Country throughout Victoria and pays respect to Elders past and present, and to the ongoing living culture of Aboriginal people.

A participant in the UN Global Compact, CourtHeath seeks to raise awareness about the sustainable development goals and the principles of the Global Compact with business and government organisations in Victoria.

***

IMAGE: Used under licence from shutterstock.com

***

AI use disclosure: ChatGPT was used to assist with drafting and copy editing this blog, based on research and instructions provided by the author. The author reviewed, edited, and verified the final content.

***