Key takeaways 

• Victoria entered the State election caretaker period at 6pm on 3 November 2026, ahead of the State election on Saturday 28 November 2026.
   
• The caretaker conventions are not legally binding. A ministerial decision is not invalid merely because it was made during caretaker or did not comply with the conventions. 
   
• Contentious Ministerial decisions on Development Facilitation Program (DFP) applications, planning scheme amendments and new VC amendments (including on data centres) may wait for the incoming Minister.
   
• Councils are not bound by the State conventions, and they are not otherwise restricted in their activities during the State caretaker period.

The State caretaker period is here. For anyone with a planning or environment matter before the Minister for Planning (Minister) or the Department of Transport and Planning (DTP), there are two questions: what will still be decided, and when.

Caretaker is guided by the Department of Premier and Cabinet’s Guidelines on the Caretaker Conventions (June 2026) (Guidelines). The Guidelines say nothing specific about planning. The answer depends on how the general principles apply to each type of decision.

A convention, not a law

The Guidelines say the conventions are “not legally binding, nor are they hard and fast rules”.

During caretaker, the Government should avoid:

• implementing major policy decisions, particularly where implementation would bind an incoming government;
• making significant appointments; and
• entering major contracts or undertakings.

Whether a decision is “major” is a matter of judgment. The Guidelines point to its significance in policy and resource terms, and whether it is contentious in the campaign. The conventions govern when a decision is implemented, not when it is announced. A decision made before 6.00pm on 3 November may still be announced during caretaker.

Even routine work slows down. Ministers usually sign only the minimum of necessary correspondence, and contact between departments and Ministers’ offices is limited.

DFP applications

The Minister is the responsible authority for applications under the DFP pathways, including clauses 53.22 and 53.23 of the Victoria Planning Provisions. DTP assesses applications, and decisions are made by the Minister or under delegation. 

At the date of publication, we are not aware of DTP having published specific guidance on the treatment of DFP applications during caretaker.

We anticipate that:

• assessment work will continue, including requests for further information requests, referrals and notice, as this generally involves administration of existing policy;
• routine or uncontested decisions may continue to issue including in appropriate cases, under delegation; but
• a decision that is politically contentious, would implement a significant policy position or has become an election issue is more likely to be deferred until after the election. 

Planning scheme amendments

Many amendments needing Ministerial approval are not “major” policy decisions. 

The 2022 caretaker period is a useful guide. Amendment VC226 (telecommunications facilities) and Amendment VC227 (container deposit scheme) both came into operation during the last caretaker period. Additionally, around 32 local planning scheme amendments were approved and gazetted, alongside three VC amendments. They were largely policy rewrites, corrections, interim heritage controls and site‑specific rezonings.

Amendments more likely to wait include:

• amendments for contested sites relying on an exemption from notice under section 20(4) of the Planning and Environment Act 1987 (P&E Act);
• new statewide policy through VC amendments, other than technical corrections; and
• decisions following advisory committee reports, particularly where the subject matter is contentious or would implement a significant new policy position. 

VC amendments notified under section 4K

Since recent reforms commenced, the Minister must give at least 30 days’ notice to each affected council before approving an amendment to the Victoria Planning Provisions, unless it is an exempt amendment (section 4K of the P&E Act). 

Several VC amendments were notified to councils before caretaker began. For some of these amendments, the 30-day period ends during caretaker. They include Amendment VC324, which proposes a new land use term, policy and locational controls for data centres. 

Where the 30-day notice period expires after caretaker has commenced, the fact that notice was given before caretaker does not make the amendment a pre-caretaker decision. Notice under section 4K is a procedural step that must occur before the amendment can be approved. The relevant Ministerial decision is the decision to approve the amendment, which could only be made after the statutory notice period had run. Any approval during caretaker would therefore be a decision made during caretaker, rather than a pre-caretaker decision announced later.

That is different from a decision made earlier and announced later, which the Guidelines allow.

Data centres 

Amendment VC324 is a new statewide policy on an issue that has featured in the campaign. Both major parties have announced data centre policies, with different settings, and the Municipal Association of Victoria has called for a moratorium on new approvals.

Given its statewide operation, policy significance and prominence in the election campaign, our view is that VC234 is more likely to be deferred until after the election, unless the Government consults with the Opposition in accordance with paragraph 21 of the Guidelines.

Councils are very familiar with the restrictions imposed on them during the election period under the Local Government Act 2020 (LG Act). However, the State caretaker period operates under different parameters.

Caretaker does not put all planning work on hold

Assessment, consultation and routine administrative work can continue. However, a Ministerial decision is more likely to be deferred if it is politically contentious, would implement significant new policy or could commit an incoming government. 

For applicants and councils, the practical distinction is between work that can progress now and decisions that may need to wait. Councils can continue their own planning business, while managing any councillor-candidate issues separately.