Accountability of the Governor General

Define who the Governor General is

The Governor General is the head of state who acts as a representative of the Queen

Explain the role of the GG

As the head of State, the GG acts as the British Monarch’s representative, performing ceremonial and constitutional roles such as opening sessions in parliament, officially appointing ministers, and on occasion using their reserve powers.

Outline how the GG’s powers have been limited

Throughout history the GG has retained important constitutional powers, but its use has become increasingly limited by formal and informal contraints and mechanisms of accountability

state the formal mechanisms of accountability

-through appointment
-through tenure
-through removal

Explain the constitutional appointment arrangement for the GG

While s2 of the Const states the Monarch appoints the GG, by convention they act under the advice of the Prime Minister’s recommendations.
+This ensure that the PM, democratically elected by the people effectively selects a GG they believe can uphold the values of govt
-provides little ongoing accountability once a GG has assumed office

Explain the Oath of Office

Prior to formally taking up their commission, the GG must take an Oath of Office in which they swear to serve Australia’s monarch ‘according to the law’. overseen by the PM, presiding officers and Chief Justice.
+the witnessing of the Oath by the PM reinforces the importance of the GG being accountable for their actions
-provides little ongoing accountability once a GG has assumed office

Explain the constitutional tenure arrangement for the GG

Furthermore, the tenure of the Governor General is at the pleasure of the Crown. S3 sets remuneration of the GG at £10,000, until otherwise determined by parliament.
+ fixed remuneration allows them to remain independent from executive manipulation
-provides little accountability because Parliament and the executive cannot reduce their salary in response to poor judgement

Explain the constitutional removal arrangement for the GG

Additionally, by convention, the Crown may dismiss a GG before their term is complete under the advice of the PM.
+ convention allows PM to keep GG accountable for political actions
-in practice, due to the level of respect for the GG’s position, they are rarely every removed and instead offered the opportunity to resign

Explain public scrutiny as an informal mechanism for GG accountability

Through public scrutiny, GGs can be pressured to resign from their position.

Explain the 1975 crisis

For example, in 1975, Governor-General Sir John Kerr used his reserve powers to dismiss Prime Minister Gough Whitlam after the Senate blocked supply. Many criticised Kerr for acting without first seeking or following Whitlam's advice, leading to widespread public protests that contributed to his resignation in 1977
+demonstrates how public scrutiny can hold GG’s accountable when believed they have enacted their role improperly.
-demonstrates how public acc takes a long time to function as Kerr was only influenced to resign 2 years after the crisis.

Explain the Hollingworth affair

In 2001, Governor-General Dr Peter Hollingworth, the former Archbishop of Brisbane, faced widespread criticism for his handling of child sexual abuse allegations within the Anglican Church. The resulting loss of public confidence and sustained public pressure contributed to his resignation in 2003.
+ demonstrates how public scrutiny can hold GG accountable for conduct that undermines the integrity of the office.
-demonstrates how public acc takes a long time to function as Hollingwoth was only forced to resign 2 years after the allegations.

State the formal accountability mechanisms on the Office of the GG

-annual reporting
-judicial review

Explain the annual reporting on the GG’s office

The Office of the Official Secretary to the Governor General must produce an annual report, that presents information on its outcomes and program that is tabled in Parliament.
For instance, the 2024-2025 annual report revealed that the total appropriation available to the Office was around $29 million.
+provides for greater transparency into the operation of the Office and the support it gives to the GG.
- provides acc for the administrative functions of the GG’s Office, not the Governor-General's constitutional decisions

explain the judicial review of the GG’s office

judicial review from the courts indirectly hold the GG accountable by reviewing administrative decisions of their office
As seen in Kline V Official Secretary to the Governor General (2013), the Federal Court held that the Office of the Official Secretary to the GG is an agency under the Freedom of Information Act 1982, (cth), making its documents potentially subject to FOI requests.
+demonstrates how courts can ensure the GG’s office’s administrative decisions comply with legislation.

-they do not generally review constitutional decisions made by the GG