Roles and Powers of the Governor-General (Booklet 5)

Booklet 5

Define role

The duties that a person or institution are expected to perform

Define power

The influence of a person or institution over a situation and the actions of others.

What is the Governor-General

The representative of the British Monarch in Australia, as provided for in Section 2 of the Commonwealth Constitution.

Define express power

A power codified in the Commonwealth Constitution and exercised on the expressed request of the Prime Minister and Cabinet.

What is reserve power?

A power codified in the Commonwealth Constitution and exercised without, or against, ministerial advice.

What is circular accountability?

a situation in which two parties hold each other to account. (i.e. PM and GG both hold the power to dismiss the other).

What is responsible government?

The government is drawn from and accountabe to the government.

Who has ‘real’ executive power in Australia?

The Prime Minister and Cabinet (FEC).

Outline the process of how the Governor-General is appointed

1. PM chooses a candidate

2. PM advises advises His Majesty

3. King appoints G-G (s2 constitution)

4. G-G takes an Oath of Allegiance and Oath of Office, King then publishes the commission in the Commonwealth gazette

5. G-G accepts role on floor of the Senate, overseen by PM, Presiding Officers, and Chief Justice of the HCA

Who is the current Governor-General of Australia?

Sam Mostyn

When was Sam Mostyn sworn in as Governor-General?

1st July 2024.

28th G-G.

What are some of the ceremonial duties of the Governor-General?

• Oppening new session of the Commonwealth Parliament

• Conferring honours on recipients (e.e. the Order of Australia)

• Receiving foreign dignatries (e.g. ambassadors)

  • Leading moments of national reflection (e.g. ANZAC day)

When does the Governor-General act?

On advice of the PM and Cabinet (Westminster Convention and Constitutionally (Governor-General in council (FEC)))

What does s61 of the consitution provide the Governor-General?

Executing and maintaining the Constitution and laws of the Commonwealth (i.e. prerogatives)

What does s62 of the consitution provide the Governor-General?

Appointing Federal Executive Council (FEC)

What does s63 of the consitution provide the Governor-General?

Requires GG to act with advice of FEC when using ‘in Council’ powers

What does s64 of the consitution provide the Governor-General? Is it a reserved power or FEC required?

Appointing, and dismissing, Ministers (reserve power)

Creating government departments (FEC required)

What does s67 of the consitution provide the Governor-General? Is it a reserved power or FEC required?

Appointing public servants (FEC required)

What does s68 of the consitution provide the Governor-General?

Commanding naval and military forces

What does s72 of the consitution provide the Governor-General? Is it a reserved power or FEC required?

Appointing judges to High Court and other federal courts (FEC required)

What does s5 of the consitution provide the Governor-General?

Summoning and dissolving parliament (incl. determining the parliamentary calendar)

What does s28 of the consitution provide the Governor-General?

Dissolving the HoR

What does s32 of the consitution provide the Governor-General? Is it a reserved power or FEC required?

Issuing writs for elections of the HoR (FEC required)

What does s57 of the consitution provide the Governor-General? Is it a reserved power or FEC required?

Dissolving HoR and Senate; holding a joint sitting of Parliament after an election (reserve power)

What does s58 of the consitution provide the Governor-General?

Granting royal assent

What gives the Governor-General the power to make a national emergency declartion?

s11 of the Defence Emergency Declaration Act 2020

What are statutory power (Governor-General)?

The Commonwealth Parliament occasionally vests additional power in the Governor-General through legislation.

What are Bagehot rights?

Walter Bagehot said that the Head of State did not claim a democratic mandate and therefore were unaffected by election cycles. This provides the Head of State with the unique oppurtunity to provide a historical perspective and insist on their constitutional duties:

• the right be consulted on government matters

• the right to warn the government about potential issues or the consequence of their actions

• the right to encourage the government and reinforce the legitamacy of their actions

In regard to Bagehot rights, in 1970 what did G-G Hasluck do?

Minister for Defence, Maclom Faser, told G-G he disgareed with calling troups to deal with civil unrest in Papua New Guinea. G-G called emergency FEC meeting and warned PM Gorton that Gorton would be in a difficult postition if it ended in bloodshed due to it not being signed off by the Defence Minister and Cabinet. PM Gorton accepted the warning, he did not send troops.

In regard to Bagehot rights, explain Morrison’s secret ministeries

2021 (during COVID), PM Morrison advised G-G Hurley to swear him into 5 additional ministerial portfolios. These appointments were made quietly (Cabinet nor Parliament informied nor publicised).

Should G-G Hurley have exercised his right to warn the PM?

What are some arguments for the G-G acting in accordance with their role by dismissing the Whitlam Government in 1975.

Upheld the Constitution:

• PM should have resigned when supply was blocked (convention), he did not, therefore GG needed to intervene to restore effective government.

• reserve powers: s64 (GG can appoint/dismiss ministers, without or against ministerial advice)

G-G acted prematurely:

• GG was not aware of PM’s proposal

• half-Senate election unlikely to resolve deadlock

Dismissal:

• GG feared that if he warned PM, then PM would have advised Crown to dismiss GG (circular accountability)

What are some arguments for the G-G acting not in accordance with their role by dismissing the Whitlam Government in 1975.

GG acted prematurely:

• PM was going to propose to GG that
  half-Senate election be called to resolve deadlock

Broke Convention:

• Convention – GG must act on advice of PM
  + govt with confidence in HoR is entitled to govern

Warm:

• GG should have exercised ‘right to warn’ PM about prospect of PM being dismissed, if he did not resign or advise election.

Why was PM Whitlam dissmissed (1975 Constitutional Crisis)?

A range of issues that built up over his term. Eventually, the Senate supply block was enough for the G-G to make an agreement with Fraser to make him PM to call an election as for PM Whitlam refused to call an early election. G-G then dissmissed PM Whitlam and appoints PM Fraser, and an election is called. The Coalition wins the election in landslide, Fraser remains as PM.