2003–04 No. 10, 18 August 2003

Frequently Asked Questions About the Office of Governor-General The 24th and the tenth Australian-born the members of the Commonwealth takes effect the Governor-General must Governor-General was sworn in on Parliament. In 1930 when the first take the prescribed oaths of office. The 11 August 2003. This Research Note Australian-born Governor-General was oaths are performed by the Chief provides brief answers to questions appointed conservative organisations Justice or another Justice of the High frequently asked about the office of and sections of the press attacked the Court. The Governor-General then Governor-General. appointment of Sir and issues a proclamation assuming office. What is the Governor-General's claimed that it was an attempt to alter What were the Previous Occupations of Official Title? the system.7 Similarly the appointment Australia's Governors-General? The official title is: Governor-General of Sir William McKell, a serving The following table shows the previous 11 of the Commonwealth of Australia. politician, to the office in 1947 was occupations of Governors-General. The additional role of Commander-in- attacked by the press, the Opposition Previous occupation Chief of the Defence Force is and the large section of the Australian Aristocracy/politics 10 essentially a titular one as the community that regarded Britain as Politics since 1947 5 Governor-General cannot 'exercise a 8 'home'. Law 5 command function independently of Who Appoints the Governor-General? Military 3 Ministerial advice'.1 The Constitution and convention Church 1 How is the Governor-General provide the only guidelines on the How is the Governor-General Selected? appointment of the Governor-General. Dismissed? Since 1930 the Prime Minister has, in The Constitution (s. 2) states that 'A There are no criteria for the dismissal effect, selected the Governor-General. Governor-General appointed by the of the Governor-General and to date no Although there are no barriers to the Queen shall be Her Majesty's Australian Governor-General has ever Prime Minister seeking advice he/she representative in the Commonwealth'. been dismissed. The dismissal of a is under no obligation to consult The Governor-General is appointed by Governor-General would occur in Cabinet, the Opposition or the the Sovereign on the advice of the accordance with the Constitution (s. 2), Parliament on the appointment. Australian Prime Minister. This the Letters Patent and convention. The The resignation of Governor-General convention has been in place since process would involve the withdrawal Dr in May 2003 1930 when Prime Minister James of the Governor-General's commission resulted in calls for a broader Scullin established the right of an by the Queen on the advice of the consultation process before the Australian Prime Minister to submit a Prime Minister. Commentators have appointment. Suggestions included name to the Sovereign. noted that the lack of public process is using a short list compiled by a How is the Governor-General 'inconsistent with the rules that govern 2 selection panel, taking nominations Appointed? other public offices'.12 from across the Australian The Letters Patent of 21 August 1984 How is the Governor-General's Tenure 3 community, adopting the model used state that the appointment of the Decided? to appoint the Queensland Governor4 Governor-General 'shall be during Our The Constitution (s. 2) states that the and using a combination of pleasure by Commission under Our Governor-General holds office 'during parliamentary and community Sign Manual and the Great Seal of the Queen's pleasure'. By convention consultation.5 Australia'.9 The Letters also direct that the term is five years13 although since Constitutional monarchists have 'each Commission appointing a 1901 some Governors-General have warned against a public selection Governor-General or person to had their terms extended14 while others process claiming it would politicise the administer the Government of the have not served their full term.15 In the post6 and give the office a political Commonwealth of Australia shall be first decade after Federation the terms mandate. published in the official gazette of the served were shorter—an average of The current debate mirrors earlier ones Commonwealth'. two–three years. The current on the selection of the Governor- The Commission authorises the Governor-General, Major General General. The 1999 Referendum on the Governor-General to exercise powers , will serve a term of Republic was lost partly because voters including the 'powers and directions three years, which is the balance of would not support the appointment of a contained in the Letters Patent.'10 It is Dr Hollingworth's five year term. President by a two-thirds majority of not a contract. Before the commission

What are the Letters Patent? Administrator of the Commonwealth What are the Powers and Functions of The Constitution provides for the and a person as a Deputy of the the Governor-General? office of Governor-General. The Governor-General. By convention, the While the Constitution appears to Letters Patent, signed by Queen longest serving State Governor is confer considerable powers on the Victoria on 29 October 1900, formally appointed as Administrator. The Queen Governor-General, the principles of constituted that office, recited some of appoints the Administrator on the responsible government mean that, the Governor-General's powers and advice of the Prime Minister. Dormant except in very limited circumstances, authorised the Governor-General to commissions for the office of he or she must act in accordance with appoint deputies. A Commission was Administrator are normally held by all Ministerial advice. The Governor- given to Lord Hopetoun on the same State Governors, thus allowing an General's functions were defined by the day appointing him as Australia's first Administrator to be appointed in the Republic Advisory Committee as: Governor-General. Instructions were event of the Governor-General's death, • those arising under Commonwealth also issued by Queen Victoria covering incapacity, removal or 'temporary legislation or under the a range of matters such as the oaths to absence for any reason'. Constitution in relation to which be taken by the Governor-General. On Under the Constitution and the Letters the Governor-General acts on 21 August 1984 the Letters Patent and Patent the Administrator is empowered Ministerial advice Instructions were revoked and replaced to exercise all the Governor-General's • the so-called 'reserve powers' by revised Letters Patent issued by powers and functions. which allow the Governor-General Queen Elizabeth as Queen of Australia. Is the Governor-General Australia's to act as constitutional umpire, and 20 The revision was designed 'to reflect Head of State? • ceremonial and representative. the proper constitutional position and The Constitution sets out the powers of to remove the archaic way in which the the Governor-General. Section 2 states Deirdre McKeown old Letters Patent refer to and express that 'A Governor-General appointed by Politics and Public the Governor-General's powers'.16 On the Queen shall be Her Majesty's Administration Group Information and Research representative in the Commonwealth'. 11 May 2003 the Letters Patent were Services amended to include revised The former Chief Justice of the High Views expressed in this Research Note circumstances in which an Court, the Hon. Sir , are those of the author and do not Administrator can be asked to take has rejected the description of the necessarily reflect those of the over from the Governor-General.17 Governor-General as Australia's Information and Research Services and are not to be attributed to the What is the Governor-General's Salary constitutional head of state. He stated Department of the Parliamentary and the Cost of the Governor- that 'the Constitution makes the Queen Library. Research Notes provide concise General's Office? analytical briefings on issues of interest our constitutional head of state and to Senators and Members. As such they For information on these issues see the specifically provides that the may not canvass all of the key issues. forthcoming Research Note Governor-General is "the Queen's Advice on legislation or legal policy 'Governors-General—Salary and 18 issues contained in this paper is representative"'. Many constitutional provided for use in parliamentary debate Pension', by Leanne Manthorpe. monarchists19 argue that the Governor- and for related parliamentary purposes. How is the Administrator of the General is Australia's head of state or This paper is not professional legal opinion. Commonwealth Selected? at least the de facto or effective head of  Commonwealth of Australia Apart from the appointment of a state. Governor-General the Letters Patent ISSN 1328-8016 specify the appointment of a person as Endnotes

1. Constitutional Commission, Final Report, vol. 1, p. 350. 2. Scott Emerson and Megan Saunders, 'Leaders split on model to pick G-G', Australian, 27 May 2003. 3. George Williams, 'A Chance for all to choose head of state', Australian, 27 May 2003. 4. Emerson and Saunders, loc. cit. The nomination for Queensland Governor was put before the Queensland Parliament and required the support of two-thirds of members. 5. ibid. This model is supported by Senator Bob Brown and the Australian Republican Movement. 6. ibid. See comments by the convenor, Australians for Constitutional Monarchy. 7. See Christopher Cuneen, Kings' Men, Allen & Unwin, , 1983, pp. 173–82. 8. See Christopher Cuneen, William John McKell, UNSW Press, Sydney, 2000, pp. 197–8. 9. Letters Patent Relating to the Office of Governor-General of the Commonwealth of Australia, 21 August 1984, Part II(a). 10. Governor-General's commission is available at: http://www.gg.gov.au/html/fset_role.html. 11. The first category includes Governors–General who were members of the British Parliament, the aristocracy or both. 12. George Williams, op. cit. 13. On 23 January 1904 the Australasian noted that expectations were 'that the term of five years at least' would be served. 14. For example Rt Hon. Sir William McKell, Hon. William George Hayden and Hon. Sir William Deane. 15. The first Governor-General, Lord Hopetoun, asked to be recalled in May 1902. 16. Senator the Hon. Gareth Evans, Senate, Debates, Answer to Question without Notice, 3 November 1983, p. 2189. 17. The Letters Patent and the Amendment are available at: http://www.gg.gov.au/. 18. Sir Anthony Mason, 'The Republic and Australian constitutional development', 11 May 1998. 19. For example Sir David Smith, and Hon. Tony Abbott MP. 20. Republic Advisory Committee, An Australian Republic: the option–an overview, 1993, p. 7.