Governor-General of Australia
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| Governor-General of Australia | |
|---|---|
| Viceroy | |
| Federal | |
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| Incumbent: Michael Jeffery |
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| Style: |
His Excellency |
| Appointed by: |
Queen Elizabeth II as Queen of Australia |
| First viceroy: |
John Hope, 7th Earl of Hopetoun |
| Formation: |
1 January 1901 |
| Australia |
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The Governor-General of the Commonwealth of Australia is the representative in Australia of the monarch of Australia (currently Elizabeth II, Queen of Australia). He or she exercises the supreme executive power of the Commonwealth. The functions and roles of the Governor-General include appointing ambassadors, ministers and judges, giving Royal Assent to legislation, issuing writs for elections and bestowing honours. The Governor-General is President of the Federal Executive Council and Commander-in-Chief of the Australian Defence Force.[1] All these things are done and all these posts are held under the authority of the Australian Constitution. Further, the Governor-General acts as vice-regal representative to the Australian Capital Territory.
The Constitution provides that a "Governor-General appointed by the Queen shall be Her Majesty's representative in the Commonwealth . . ." The Constitution grants the Governor-General a wide range of powers, but in practice he or she follows the conventions of the Westminster system and (with rare exceptions) acts only on the advice of the Prime Minister of Australia or other ministers. Even in the appointment of the Prime Minister, the Governor-General rarely exercises any discretion, usually appointing the leader of the largest party or coalition of parties in the House of Representatives.
Beyond constitutional functions, the Governor-General has an important ceremonial role. He or she travels widely throughout Australia to open conferences, attend services and commemorations and generally "provide encouragement to individuals and groups who are contributing to their communities. When travelling abroad, the Governor-General is seen as the representative of Australia, and of the Queen of Australia, and is treated as a head of state in most ways.
The main official residence of the Governor-General is Government House, Canberra, commonly known as Yarralumla. There is a second official residence, Admiralty House in Sydney. When visiting the other states, the Governor-General is usually a guest at the Government Houses in the state capitals.
The incumbent Governor-General of Australia is Major-General (retired) Michael Jeffery. He is supported by a staff headed by the Official Secretary to the Governor-General, currently Malcolm Hazell, CVO.
It was announced on 13 April 2008 that Major-General Jeffery will retire in September 2008 and be succeeded by current Governor of Queensland, Her Excellency Ms Quentin Bryce AC.[2]
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[edit] Method of appointment
In practice, the selection of a Governor-General is a matter for the Prime Minister of Australia, who may consult privately with staff or colleagues, or with the monarch. The person would also be approached privately to see if they are willing to accept the appointment.
The Prime Minister then provides the nomination to the monarch. The monarch may, in theory, decline the Prime Minister's advice and ask for another nomination, but no such cases have been recorded since 1930, when James Scullin's proposed appointment of Sir Isaac Isaacs was fiercely opposed by traditionalists in Australia and by the British government. King George V was very reluctant to accept Scullin's advice, but he did ultimately agree, after Scullin insisted on his right to advise the monarch directly, rather than through the British Prime Minister, which had been the practice until then. This right was soon taken up by all the other Dominion Prime Ministers. This, amongst other things, led to the Statute of Westminster and to the formal separation of the crowns of the Dominions. Now, the Queen of Australia is generally bound by constitutional convention to accept the advice of the Australian Prime Minister and state Premiers about Australian and state constitutional matters respectively.
Having agreed to the appointment, the monarch then permits it to be publicly announced in advance, usually several months before the end of the current Governor-General's term. During these months, the person is referred to as the Governor-General-designate.
The actual appointment is made by the monarch. After receiving his or her commission, the Governor-General makes an Oath of Allegiance and an Oath of Office to the monarch, and issues a proclamation assuming office. The oaths are usually made in a ceremony on the floor of the Senate, and are administered by the Chief Justice of Australia [1].
[edit] Titles and backgrounds of governors-general
The British Governors-General (from 1901 to 1965) were either peers or knights. Of the Australian occupants (from 1931 to 1988), Lord Casey was a peer and all the others were knights (although William McKell was knighted during his term of office). All Governors-General down to Sir Ninian Stephen (from 1901 to 1989) were members of the Privy Council of the United Kingdom and thus had the additional style "Right Honourable". Bill Hayden was the first Governor-General to have no title, although as a former Federal Minister, he has the style "The Honourable".
Of the nine Australians appointed since 1965, Lord Casey, Sir Paul Hasluck and Bill Hayden were former federal parliamentarians; Sir John Kerr was the Chief Justice of the Supreme Court of New South Wales; Sir Ninian Stephen and Sir William Deane were appointed from the bench of the High Court; Sir Zelman Cowen was a vice-chancellor of the University of Queensland and constitutional lawyer; Peter Hollingworth was the Anglican Archbishop of Brisbane; and Major-General Michael Jeffery is a retired military officer and former Governor of Western Australia.
All Australian Governors-General have been male and most have been at least nominally Christian (unlike several recent Governors-General of Canada and New Zealand). Sir Isaac Isaacs, the first Australian-born Governor-General, and Sir Zelman Cowen were Jewish, while Bill Hayden, an atheist, took an affirmation rather than swear an oath at the beginning of his commission. None have had an indigenous or non-European background.
Quentin Bryce, the current Governor of Queensland, is to be sworn in as Governor-General on 5 September 2008. She will be Australia's first female Governor-General.
[edit] Tenure
The constitution does not set a term of office, so a Governor-General may continue to hold office for any agreed length of time, however a typical term of office is five years. At the end of this period, a commission is occasionally extended by a short period.
The salary of Governor-General is regulated by the Constitution, which fixed an annual amount of 10,000 pounds, unless the parliament decides otherwise. The constitution states that the salary of the Governor-General may not be increased during his or her term of office. Under the Governor-General Act of 1974 each new commission has resulted in a pay increase. Today, the law ensures the salary is higher than that for the Chief Justice of the High Court, over a five year period. The annual salary during Michael Jeffery's term is $365,000.
Three Governors-General have resigned their commission. The first Governor-General, Lord Hopetoun, asked to be recalled to Britain in 1903 over a dispute about funding for the post. Sir John Kerr resigned in 1977 after being offered the position of Australian Ambassador to UNESCO in Paris, a post which he did not take up. In 2003, Dr. Peter Hollingworth stood aside temporarily while certain allegations against him were resolved, and the letters patent of the office were amended to take account of this circumstance. He later resigned to "protect the vice-regal office from persistent controversy".
In 1961, Lord Dunrossil became the first and, to date, only Governor-General to die in office.
A Governor-General may be recalled or dismissed by the Queen before their term is complete. By convention, this may only be advised by the Prime Minister. The Prime Minister has the option of naming an immediate replacement or letting the vacancy provisions take effect.
As no Australian Governor-General has ever been dismissed, it is unclear how quickly the Queen would act on such advice. The constitutional crisis of 1975 prominently raised the possibility of the Prime Minister and Governor-General attempting to dismiss each other at the same time.
A vacancy will occur on the resignation, death, incapacity or absence from Australian territory of the Governor-General. In some cases the vacancy is temporary, as occurred when Peter Hollingworth stood aside.
Section 4 of the constitution allows the Queen to appoint an Administrator to carry out the role of Governor-General. By convention, the longest serving state governor holds a dormant commission, allowing an assumption of office to commence whenever a vacancy occurs. In 1975, Labor Prime Minister Gough Whitlam recommended to the Queen that Sir Colin Hannah, then Governor of Queensland, have this dormant commission revoked for having made public political statements.
[edit] Constitutional role and functions
Sections 61 and 68 of the Constitution provide that the Governor-General exercises certain powers as the Queen's representative. The limited form of this representation was explained in a 1988 Constitutional Commission report which concluded "the Governor-General is in no sense a delegate of the Queen. The independence of the office is highlighted by changes which have been made in recent years to the Royal instruments relating to it".[2]
Although the Governor-General and the Queen occasionally observe certain formalities, in practice the Governor-General carries out his constitutional responsibilities without reference to the Queen. In 1975, the Queen, through her Private Secretary, wrote that she "has no part in the decisions which the Governor-General must take in accordance with the Constitution". During the Australian constitutional crisis of 1975, the Queen did not intervene on the basis that it was a matter "clearly placed within the jurisdiction of the Governor-General". In 2004, Governor-General Michael Jeffery said "Her Majesty is Australia's head of state but I am her representative and to all intents and purposes I carry out the full role." [3]
[edit] Role in parliament
The Constitution describes the Parliament of the Commonwealth as consisting of the Queen, the Senate and the House of Representatives. Section 5 states that "the Governor-General may appoint such times for holding the sessions of the Parliament ... prorogue the Parliament [and] dissolve the House of Representatives." These provisions make it clear that the Queen's role in the parliament is in name only and the actual responsibility belongs to the Governor-General. Such decisions are usually taken on the advice of the Prime Minister, although this is not stated in the Constitution.
The Governor-General has a ceremonial role in swearing in and accepting the resignations of Members of Parliament. He or she appoints a deputy, to whom members make an oath of allegiance before they take their seats. On the day parliament opens, the Governor-General makes a speech, entirely written by the government, explaining the government's proposed legislative program.
The most important power is found in section 58: "When a proposed law passed by both Houses of Parliament is presented to the Governor-General for the Queen's assent, he shall declare ... that he assents in the Queen's name." This makes any proposed law effective.
Sections 58 to 60 allow the Governor-General to withhold assent, suggest changes, refer to the Queen or proclaim that the Queen has annulled the legislation. A number of Governors-General have reserved Royal Assent for particular legislation for the Queen. Such assent has usually been given during a scheduled visit to Australia by the Queen. On other occasions Royal Assent has been given elsewhere. Examples of this have been the Royal Styles and Titles Acts of 1953 and 1973 as well as the Australia Act of 1986.
[edit] Role in executive government
At the start of Chapter 2 on executive government, the Constitution says "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative". The Governor-General presides over a Federal Executive Council. By convention, the Prime Minister is appointed to this Council and advises as to which parliamentarians shall become ministers and parliamentary secretaries.
In the constitution, the words "Governor-General-in-council" mean the Governor-General acting with the advice of the Council. Powers exercised in council, which are not reserve powers, include:
- establishing government departments
- appointing federal judges, and
- appointing ambassadors and high commissioners.
All such actions are taken on the advice of ministers.
Section 68, says "command-in-chief of naval and military forces ... is vested in the Governor-General as the Queen's representative". In practice, this role is ceremonial, with actual authority in the hands of the Defence Minister and the Chief of the Defence Force (CDF).
In an administrative sense, the office of Governor-General is regulated by the Governor-General Act 1974.
[edit] Reserve powers
In the United Kingdom, the reserve powers of the Crown are not explicitly stated in constitutional enactments and are the province of convention, but in Australia, the powers are explicitly given to the Governor-General in the Constitution but it is their use that is the subject of convention.
The reserve powers are:
- The power to dissolve (or refuse to dissolve) the House of Representatives. (Section 5 of the Constitution)
- The power to dissolve Parliament on the occasion of a deadlock. (Section 57)
- The power to withhold assent to Bills. (Section 58)
- The power to appoint (or dismiss) Ministers. (Section 64)
These powers are generally and routinely exercised on Ministerial advice, but the Governor-General retains the ability to act independently in certain circumstances, as governed by convention. It is generally held that the Governor-General may use their powers without ministerial advice in the following situations:
- if an election results in a Parliament in which no party has a majority, the Governor-General may select the Prime Minister.
- if a Prime Minister loses the support of the House of Representatives, the Governor-General may appoint a new Prime Minister.
- if a Prime Minister advises a dissolution of the House of Representatives, the Governor-General may refuse that request, or request further reasons why it should be granted. It is worth noting that convention does not give the Governor-General the ability to dissolve either the House of Representatives or the Senate without advice.
The use of the reserve powers may arise in the following circumstances:
- if a Prime Minister advises a dissolution of Parliament on the occasion of a deadlock between the Houses, the Governor-General may refuse that request.
- if the Governor-General is not satisfied with a legislative Bill presented to him, he or she may refuse assent.
- if a Prime Minister resigns after losing a vote of confidence, the Governor-General may select a new replacement contrary to the advice of the outgoing Prime Minister.
- if a Prime Minister is unable to obtain supply and refuses to resign or advise a dissolution, the Governor-General may dismiss him or her and appoint a new Prime Minister.
The above is not an exhaustive list, and new situations may arise. The most notable use of the reserve powers occurred in November 1975 in the course of the Australian constitutional crisis of 1975. On this occasion the Governor-General, Sir John Kerr, dismissed the government of Gough Whitlam when the Senate withheld supply to the government, even though Whitlam retained the confidence of the House of Representatives. Kerr determined that he had both the right and the duty to dismiss the government and commission a new government that would recommend a dissolution of the Parliament. Despite the apparent endorsement of his action by the electorate at the 1975 elections, the events surrounding the dismissal remain extremely controversial.
[edit] Ceremonial role
As well as the formal constitutional role, the Governor-General has a ceremonial role, though the extent and nature of this role has depended on the expectations of the time, the individual in office at the time, the wishes of the incumbent government, and their reputation in the wider community. Governors-general generally become patrons of various charitable institutions, present honours and awards, host functions for various groups of people including ambassadors to and from other countries, and travel widely throughout Australia - replicating the actions of the monarch in the United Kingdom, or those of a ceremonial head of state. Sir William Deane described one of his functions as being "Chief Mourner" at prominent funerals.
This role can become controversial, however, if the Governor-General becomes unpopular with sections of the community. The public role adopted by Sir John Kerr was curtailed considerably after the constitutional crisis of 1975; Sir William Deane's public statements on political issues produced some hostility towards him; and some charities disassociated themselves from Dr Hollingworth after the issue of his management of sex abuse cases during his time as Archbishop of Brisbane became a matter of controversy.
[edit] History
The office of Governor-General was previously used during colonial times in Australia. Sir Charles FitzRoy (Governor of New South Wales from 1846-1855) and Sir William Denison (Governor of New South Wales from 1855-1861) also carried the additional title of Governor-General because their jurisdiction extended to other colonies in Australia. Later each colony was granted its own Governor and thus the title of Governor-General lapsed until the establishment of the Commonwealth in 1901.[4]
The office of Governor-General for the Commonwealth of Australia was conceived during the debates and conventions leading up to federation. The first Governor-General was a previous Victorian Governor, John Hope, the Earl of Hopetoun. He was appointed in July 1900, returning to Australia shortly before the inauguration of the Commonwealth of Australia on 1 January 1901. His first act was to appoint the inaugural Prime Minister, Edmund Barton, since the first federal elections were not held until March.
Early Governors-General were British and were appointed by the King on the recommendation of the Colonial Office. The Australian government was merely asked, as a matter of courtesy, whether they approved of the choice or not. Governors-General were expected to exercise a supervisory role over the Australian Government in the manner of a colonial Governor. In a very real sense, they represented not only the monarch but also the British Government. They had the right to "reserve" legislation passed by the Parliament of Australia: in other words, to ask the Colonial Office in London for an opinion before giving the Royal Assent. This power was used several times.
During the 1920s the importance of the position declined. As a result of decisions made at the Imperial Conference of 1926, the tenure of a Governor-General was dependent only on advice from the Australian Prime Minister. The Governor-General ceased to be the diplomatic representative of the British Government and the British right of supervision over Australian affairs was abolished.
Also, in 1929, the Australian Prime Minister James Scullin established the right of a Dominion Prime Minister to advise the Monarch directly on the appointment of a Governor-General, by insisting that his choice (Sir Isaac Isaacs, an Australian) prevail over the recommendation of the British government. The convention was gradually established throughout the Commonwealth that the Governor-General is a citizen of the country concerned, and is appointed on the advice of the government of that country, with no input from the British government.
Thus, in 1931, this transformation was concluded with the appointment of the first British High Commissioner and the first Australian Governor-General, Sir Isaac Isaacs. The latter appointment was advised by the Labor Prime Minister, James Scullin, despite the misgivings of King George V. The appointment was denounced by the opposition Nationalist Party of Australia as being "practically republican". After Scullin's defeat in 1931, non-Labor governments continued to appoint British Governors-General. In 1947 Labor appointed a second Australian Governor-General, Sir William McKell. The then Leader of the Opposition, Robert Menzies, called McKell's appointment "shocking and humiliating".
In 1965, the conservative Menzies government appointed an Australian, Lord Casey, and the position has since been held only by Australians. Suggestions during the early 1980s that the Prince of Wales might become the Governor-General came to nothing due to the controversial role of former Governor-General Kerr. In 2007, it was reported in the media that Prince William might also become Governor-General. This suggestion was repudiated by both the Prime Minister and Clarence House.
[edit] Patronage
The Governor-General is generally invited to become Patron of various charitable and service organisations. One such office is the Chief Scout of Australia. Historically the Governor-General of Australia has also served as Chief Scout of Australia; the Chief Scout is nominated by the Scouting Association's National Executive Committee and is invited by the President of the Scout Association to accept the appointment.[3] Bill Hayden declined this office on the grounds of his atheism, which was incompatible with the Scout Oath.[4]
[edit] Notable spouses
Most spouses of governors-general have been content to be background figures providing them with support. However, a handful have been notable in their own right:
- Lady (Gertrude) Denman (1884-1954), the wife of Lord Denman, was active in women's rights issues including the promotion of women's suffrage in the United Kingdom. She named the city of Canberra and is commemorated in Lady Denman Drive in the national capital. She was also the eponym of the Lady Denman Ferry in Sydney.
- Lady (Zara) Gowrie (1879-1965), the wife of Lord Gowrie, was involved in the provision of child care, and the Lady Gowrie Child Centres were named in her honour. She was instrumental in advancing the career of the opera singer Dame Joan Hammond, whose final public performance was at Lady Gowrie's funeral.
- Princess Alice, Duchess of Gloucester GCB CI GCVO GBE DGStJ (1901-2004), the wife of Prince Henry, Duke of Gloucester, was an aunt of Queen Elizabeth II. She lived to age 102 and holds the record, previously held by the Queen Mother, as the longest-lived member in the history of the British Royal Family.
- Lady (Maie) Casey (1892-1983), the wife of Lord Casey, was an aviatrix, writer, artist and opera librettist.
- Dame Alexandra Hasluck AD (1908-93), the wife of Sir Paul Hasluck, was a noted authoress and the first of only two Dames of the Order of Australia.
- Professor Michael Bryce AM AE, the husband of the current governor-general-designate Quentin Bryce, is an Adjunct Professor of Design at the Queensland College of Art (Griffith University), School of Design and Architecture (University of Canberra) and the College of Fine Arts (University of New South Wales).
[edit] List of governors-general
| No. | Term | Period | Title |
|---|---|---|---|
| 1 | 1 January 1901 to 9 January 1903 | 2 years, 8 days | The Right Hon. John Adrian Louis Hope, 7th Earl of Hopetoun (from 1902, The Most Hon. Marquess of Linlithgow) KT, GCMG, GCVO, PC |
| 2 | 9 January 1903 to 21 January 1904 | 1 year, 12 days | The Right Hon. Hallam Tennyson, 2nd Baron Tennyson, GCMG, PC |
| 3 | 21 January 1904 to 9 September 1908 | 4 years, 232 days | The Right Hon. Henry Northcote, 1st Baron Northcote, GCMG, GCIE, CB, PC |
| 4 | 9 September 1908 to 31 July 1911 | 2 years, 325 days | The Right Hon. William Ward, 2nd Earl of Dudley, GCB, GCMG, GCVO, TD, PC |
| 5 | 31 July 1911 to 18 May 1914 | 2 years, 291 days | The Right Hon. Thomas Denman, 3rd Baron Denman, GCMG, KCVO, PC, JP |
| 6 | 18 May 1914 to 6 October 1920 | 6 years, 141 days | The Right Hon. Sir Ronald Munro-Ferguson, GCMG, DL |
| 7 | 6 October 1920 to 8 October 1925 | 5 years, 2 days | The Right Hon. Henry Forster, 1st Baron Forster, GCMG, PC, DL |
| 8 | 8 October 1925 to 21 January 1931 | 5 years, 105 days | The Right Hon. John Baird, 1st Baron Stonehaven, GCMG, DSO, PC, JP, DL |
| 9 | 21 January 1931 to 23 January 1936 | 5 years, 2 days | The Right Hon. Sir Isaac Alfred Isaacs, GCB, GCMG |
| 10 | 23 January 1936 to 30 January 1945 | 9 years, 7 days | Brigadier-General the Right Hon. Alexander Hore-Ruthven, 1st Baron Gowrie, VC, GCMG, CB, DSO, PC |
| 11 | 30 January 1945 to 11 March 1947 | 2 years, 40 days | His Royal Highness The Prince Henry William Frederick Albert, Duke of Gloucester, KG, KT, KP, GCB, GCMG, GCVO |
| 12 | 11 March 1947 to 8 May 1953 | 6 years, 58 days | The Right Hon. Sir William John McKell, GCMG |
| 13 | 8 May 1953 to 2 February 1960 | 6 years, 270 days | Field Marshal the Right Hon. Sir William Joseph Slim, KG, GCB, GCMG, GCVO, GBE, DSO, MC |
| 14 | 2 February 1960 to 3 February 1961 | 1 year, 1 day | The Right Hon. William Morrison, 1st Viscount Dunrossil, GCMG, MC, QC, PC |
| 15 | 3 August 1961 to 7 May 1965 | 3 years, 277 days | The Right Hon. William Sidney, 1st Viscount De L'Isle, VC, KG, GCMG, GCVO, PC |
| 16 | 7 May 1965 to 30 April 1969 | 3 years, 358 days | The Right Hon. Richard Gardiner Casey, Baron Casey, KG, GCMG, CH, DSO, MC, PC |
| 17 | 30 April 1969 to 11 July 1974 | 5 years, 72 days | The Right Hon. Sir Paul Meernaa Caedwalla Hasluck, KG, GCMG, GCVO |
| 18 | 11 July 1974 to 8 December 1977 | 3 years, 150 days | The Right Hon. Sir John Robert Kerr, AK, GCMG, GCVO, QC |
| 19 | 8 December 1977 to 29 July 1982 | 4 years, 213 days | The Right Hon. Sir Zelman Cowen, AK, GCMG, GCVO, QC |
| 20 | 29 July 1982 to 16 February 1989 | 6 years, 202 days | The Right Hon. Sir Ninian Stephen, KG, AK, GCMG, GCVO, KBE, QC |
| 21 | 16 February 1989 to 16 February 1996 | 7 years, 0 days | The Hon. William George Hayden, AC |
| 22 | 16 February 1996 to 29 June 2001 | 5 years, 133 days | The Hon. Sir William Patrick Deane, AC, KBE |
| 23 | 29 June 2001 to 28 May 2003 | 1 year, 333 days | The Right Rev. Dr Peter Hollingworth, AC, OBE |
| 24 | 11 August 2003 to 5 September 2008 | 5 years, 24 days | The Hon. Major General Michael Jeffery, AC, CVO, MC |
| 25 | 5 September 2008 onwards[5] | Her Excellency Ms. Quentin Bryce, AC |
[edit] See also
- Category:Governors-General of Australia
- History of Australia
- Constitutional history of Australia
- Governors of the Australian states
- British Empire
- Governor-General (links to other countries which have Governors-General)
[edit] References
- ^ Governor-General of the Commonwealth of Australia. National Museum of Australia (2007). Retrieved on 2007-09-03.
- ^ "Jeffery resigns, Rudd names new GG", ABC News, 13 April 2008. Retrieved on 2008-04-13.
- ^ Chief Scout. Scouts Australia. Retrieved on 2007-11-15. >Kittel, Nicholas. "A century of Scouts a reason to celebrate", 666 ABC Canberra, Australian Broadcasting Corporation, August 1, 2007. Retrieved on 2007-11-15. "In his address the Governor General also explained his role as Chief Scout. "Really the Chief Scout tries to go around to as many scout groups as he can and say 'well done' to all who are taking part and to encourage a strengthening of the movement.""
- ^ "Brief Comments" (14 April 1989). On Target from Australia 25 (13). Australian League of Rights.
- ^ "Statement by His Excellency Governor-General Michael Jeffery", 13 April 2008. Retrieved on 2008-04-13.
[edit] Further reading
- Christopher Cunneen (1983). Kings' Men: Australia's Governors-General from Hopetoun to Isaacs. Allen and Unwin. ISBN 0-86861-238-3.
- Bill Hayden (1996). Hayden: An Autobiography. Angus & Robertson. ISBN 0-207-18769-X. (pp 515, 519, 548)
[edit] External links
- The Office of the Governor-General
- The use of the reserve powers
- A Mirror to the People a 58 minute documentary film on the Office of Governor-General of Australia 1999. Dir: Daryl Dellora. Features Sir William Deane, Sir Zelman Cowen, Sir Ninian Stephen. Special Commendation ATOM Awards.
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