Governor-General of Australia

Governor-General Quentin Bryce with Queen Elizabeth II, 2011

The Constitution of Australia, section 2, provides:

A Governor-General appointed by the Queen shall be Her Majesty's representative in the Commonwealth, and shall have and may exercise in the Commonwealth during the Queen's pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.[18]

Such further powers are currently set out in letters patent of 2008 from Queen Elizabeth II; these contain no substantive powers, but provide for the case of a governor-general's absence or incapacity.[19] The constitution also provides that the governor-general is the monarch's "representative" in exercising the executive power of the Commonwealth (section 61) and as commander-in-chief of the armed forces (section 68).[20]

Australian Solicitor-General Maurice Byers stated in 1974: "The constitutional prescription is that executive power is exercisable by the governor-general although vested in the Queen. What is exercisable is original executive power: that is, the very thing vested in the Queen by section 61. And it is exercisable by the Queen's representative, not her delegate or agent."[21]

The 1988 Constitutional Commission report explained: "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."[22] The changes occurred in 1984 when Queen Victoria's letters patent and instructions were revoked and replaced with new letters patent,[23] on Prime Minister Bob Hawke's advice, who stated that this would clarify the governor-general's position under the constitution.[24][25]

This remains the case even when the sovereign is in the country: Solicitor-General Kenneth Bailey, prior to the first tour of Australia by its reigning monarch in 1954, explained the position by saying:

the Constitution expressly vests in the Governor-General the power or duty to perform a number of the Crown's functions in the Legislature and the Executive Government of the Commonwealth... The executive power of the Commonwealth, by section 61 of the Constitution, is declared to be vested in the Queen. It is also, in the same section, declared to be "exercisable" by the Governor-General as the Queen's representative. In the face of this provision, I feel it is difficult to contend that the Queen, even though present in Australia, may exercise in person functions of executive government which are specifically assigned by the constitution to the Governor-General."[21]

As early as 1901, the authoritative commentary by Quick and Garran had noted that the governor-general of Australia was distinguished from other Empire governors-general by the fact that "[t]he principal and most important of his powers and functions, legislative as well as executive, are expressly conferred on him by the terms of the Constitution itself ... not by Royal authority, but by statutory authority".[26] This view was also held by Senior Judge of the Supreme Court of Tasmania Andrew Inglis Clark, who, with W. Harrison Moore (a contributor to the first draft of the constitution put before the 1897 Adelaide Convention and professor of law at the University of Melbourne), postulated that the letters patent and the royal instructions issued by Queen Victoria were unnecessary "or even of doubtful legality".[27]

The monarch chose not to intervene during the 1975 Australian constitutional crisis, in which Governor-General Sir John Kerr dismissed the Labor government of Gough Whitlam, on the basis that such a decision is a matter "clearly placed within the jurisdiction of the Governor-General". Through her private secretary, she wrote that she "has no part in the decisions which the Governor-General must take in accordance with the Constitution".[28] In an address to the Sydney Institute, January 2007, in connection with that event, Sir David Smith, a retired official secretary to the governor-general of Australia who had been Kerr's official secretary in 1975, described the constitution as conferring the powers and functions of Australia's head of state on the governor-general in "his own right". He stated that the governor-general was more than a representative of the sovereign, explaining: "under section 2 of the Constitution the Governor-General is the Queen's representative and exercises certain royal prerogative powers and functions; under section 61 of the Constitution the Governor-General is the holder of a quite separate and independent office created, not by the Crown, but by the Constitution, and empowered to exercise, in his own right as Governor-General... all the powers and functions of Australia's head of state."[21]

The constitution describes the parliament of the commonwealth as consisting of the Monarch, 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 Monarch'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 that is not stated in the constitution.

The governor-general has a ceremonial role in swearing in and accepting the resignations of members of Parliament. They appoint 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." The royal assent brings such laws into effect, as legislation, from the date of signing.

Sections 58 to 60 allow the governor-general to withhold assent, suggest changes, refer to the Monarch or proclaim that the Monarch has annulled the legislation. A number of governors-general have reserved royal assent for particular legislation for the Monarch. Such assent has usually been given during a scheduled visit to Australia by Queen Elizabeth II. On other occasions royal assent has been given elsewhere. Examples of this have been the Flags Act (1953), the Royal Styles and Titles Acts (1953 and 1973), and the Australia Act (1986).

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.

Governor-General Peter Cosgrove with ministers and parliamentary secretaries of the Second Turnbull Ministry, 2016

Prime Minister Malcolm Turnbull visits Governor-General Sir Peter Cosgrove on 8 May 2016 to request a double dissolution

In the United Kingdom, the reserve powers of the monarch (which are typically referred to as the "royal prerogative")[29] are not explicitly stated in constitutional enactments, and are the province of convention and common law.[30] In Australia, however, the powers are explicitly given to the governor-general in the constitution; it is their use that is the subject of convention.[31]

The reserve powers are, according to the Constitution of Australia:

• The power to dissolve (or refuse to dissolve) the House of Representatives (section 5)
• 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)

Those 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 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 as presented, they may refuse royal 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 1975 Australian constitutional crisis. 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.[32] Events surrounding the dismissal remain extremely controversial.

On 18 March 2020,[33] a human biosecurity emergency was declared in Australia owing to the risks to human health posed by the COVID-19 pandemic in Australia, after the National Security Committee met the previous day. The Biosecurity Act 2015 specifies that the governor-general may declare such an emergency exists if the health minister (Greg Hunt at the time) is satisfied that "a listed human disease is posing a severe and immediate threat, or is causing harm, to human health on a nationally significant scale". This gives the minister sweeping powers, including imposing restrictions or preventing the movement of people and goods between specified places, and evacuations.[34] The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 was declared by Governor-General David Hurley under Section 475 of the Act.[33]

In addition to the formal constitutional role, the governor-general has a representative and ceremonial role, though the extent and nature of that role has depended on the expectations of the time, the individual in office at the time, the wishes of the incumbent government, and the individual's 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. Sir William Deane (governor-general 1996–2001) described one of his functions as being "Chief Mourner" at prominent funerals. In Commentaries on the Constitution of the Commonwealth of Australia, Garran noted that, since the Australian executive is national in nature (being dependent on the nationally elected House of Representatives, rather than the Senate), "the Governor-General, as the official head of the Executive, does not in the smallest degree represent any federal element; if he represents anything he is the image and embodiment of national unity and the outward and visible representation of the Imperial relationship of the Commonwealth".[35]

That 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 Peter Hollingworth after the issue of his management of sex abuse cases during his time as Anglican Archbishop of Brisbane became a matter of controversy.

Governor-General David Hurley and Linda Hurley with New Zealand Governor-General Dame Patsy Reddy and Sir David Gascoigne in 2021

The governor-general makes state visits overseas on behalf of Australia, during which an administrator of the government is appointed. The right of governors-general to make state visits was confirmed at the 1926 Imperial Conference, as it was deemed not feasible for the sovereign to pay state visits on behalf of countries other than the United Kingdom.[36] However, an Australian governor-general did not exercise that right until 1971, when Paul Hasluck visited New Zealand.[36][37] Hasluck's successor John Kerr made state visits to eight countries, but Kerr's successor Zelman Cowen made only a single state visit – to Papua New Guinea – as he wished to concentrate on travelling within Australia.[36] All subsequent governors-general have travelled widely while in office and made multiple state visits. Occasionally governors-general have made extended tours visiting multiple countries, notably in 2009 when Quentin Bryce visited nine African countries in 19 days.[38]

Governor-general Quentin Bryce awarding Victoria Cross to Corporal Ben Roberts-Smith, 2011

Under section 68 of the constitution, "the command in chief of the naval and military forces of the Commonwealth is vested in the Governor‑General". In practice, the associated powers over the Australian Defence Force are only exercised on the advice of the prime minister or minister for defence, on behalf of cabinet.[6] The actual powers of the governor-general as commander-in-chief are not defined in the constitution, but rather in the Defence Act 1903 and other legislation. They include appointing the chief of the Defence Force and authorising the deployment of troops.[39] There is some ambiguity with regard to the role of the governor-general in declarations of war.[40] In 1941 and 1942, the Curtin government advised the governor-general to declare war on several Axis powers, but then had King George VI make identical proclamations on Australia's behalf.[41] No formal declarations of war have been made since World War II, although in 1973 the Whitlam government advised the governor-general to proclaim the end of Australia's involvement in Vietnam, despite the lack of an initiating proclamation.[42]

Governor-General's rank insignia[43]

The powers of command-in-chief are vested in the governor-general rather than the "Governor-General in Council", meaning there is an element of personal discretion in their exercise.[44] For instance, in 1970 Governor-General Paul Hasluck refused Prime Minister John Gorton's request to authorise a Pacific Islands Regiment peacekeeping mission in the Territory of Papua and New Guinea, on the grounds that cabinet had not been consulted. Gorton agreed to put the matter to his ministers, and a cabinet meeting agreed that troops should only be called out if requested by the territory's administrator; this did not occur. Defence Minister Malcolm Fraser, who opposed the call out, was responsible for informing Hasluck of the prime minister's lack of consultation.[45] The incident contributed to Fraser's resignation from cabinet in 1971 and Gorton's subsequent loss of the prime ministership.[46]

The governor-general is generally invited to become patron of various charitable and service organisations. Historically the governor-general 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.[47] Bill Hayden declined the office on the grounds of his atheism, which was incompatible with the Scout Promise.[48] He did however serve as the association's patron during his term of office.

Government House, Canberra

By convention, the governor-general and any family occupy an official residence in Canberra, Government House (commonly referred to as Yarralumla).

The salary of the governor-general was initially set by the constitution, which fixed an annual amount of A£10,000 until the parliament decided otherwise. The constitution also provides that the salary of the governor-general cannot be "altered" during his or her term of office.[49] Under the Governor-General Act 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 was $365,000. Quentin Bryce's salary was $394,000.[50] The current salary is $425,000 and there is a generous pension.[51] Until 2001, Governors-General did not pay income tax on their salary; this was changed after Elizabeth II agreed to pay tax.[50]

Flag of the governor-general of Australia since 1953

The official cars of the governor-general fly the flag of the governor-general of Australia and display St. Edward's Crown instead of number plates. A similar arrangement is used for the governors of the six states. When the late Queen Elizabeth II was in Australia, the Queen's Personal Australian Flag was flown on the car in which she was travelling.

1970 Rolls-Royce Phantom VI limousine, the official car used on ceremonial occasions to transport the Governor-General of Australia and visiting heads of state.

The governor-general travels in a Rolls-Royce Phantom VI limousine for ceremonial occasions.[52] However, for official business, the current choice of car is an armoured BMW 7 Series.

At one time, governors-general wore the traditional court uniform, consisting of a dark navy wool double-breasted coatee with silver oak leaf and fern embroidery on the collar and cuffs trimmed with silver buttons embossed with the Royal Arms and with bullion edged epaulettes on the shoulders, dark navy trousers with a wide band of silver oak-leaf braid down the outside seam, silver sword belt with ceremonial sword, bicorne cocked hat with plume of ostrich feathers, black patent leather Wellington boots with spurs, etc., that is worn on ceremonial occasions.[53] There is also a tropical version made of white tropical wool cut in a typical military fashion worn with a plumed helmet. However, that custom fell into disuse during the tenure of Sir Paul Hasluck. The governor-general now wears an ordinary lounge suit if a man or day dress if a woman.

Viscount De L'Isle, 15th governor-general of Australia (1961–65), in his court uniform

Governors-general have during their tenure the style His/Her Excellency the Honourable and their spouses have the style His/Her Excellency. Since May 2013, the style used by a former governor-general is the Honourable; it was at the same time retrospectively granted for life to all previous holders of the office.[54]

From the creation of the Order of Australia in 1975, the governor-general was, ex officio, Chancellor and Principal Companion of the order, and therefore became entitled to the post-nominal AC. In 1976, the letters patent for the order were amended to introduce the rank of Knight and Dame to the order, and from that time the governor-general became, ex officio, the Chancellor and Principal Knight of the order. In 1986 the letters patent were amended again, and governors-general appointed from that time were again, ex officio, entitled to the post-nominal AC (although if they already held a knighthood in the order that superior rank was retained).

Until 1989, all governors-general were members of the Privy Council of the United Kingdom and thus held the additional style The Right Honourable for life. The same individuals were also usually either peers, knights, or both (the only Australian peer to be appointed as governor-general was the Lord Casey; and Sir William McKell was knighted only in 1951, some years into his term, but he was entitled to the style "The Honourable" during his tenure as premier of New South Wales, an office he held until almost immediately before his appointment). In 1989, Bill Hayden, a republican, declined appointment to the British Privy Council and any imperial honours. From that time until 2014, governors-general did not receive automatic titles or honours, other than the post-nominal AC by virtue of being Chancellor and Principal Companion of the Order of Australia. Dame Quentin Bryce was the first governor-general to have had no prior title or pre-nominal style. She was in office when, on 19 March 2014, Elizabeth II, acting on the advice of Prime Minister Tony Abbott, amended the letters patent of the Order of Australia to provide, inter alia, that the governor-general would be, ex officio, Principal Knight or Principal Dame of the order. Until 2015, the honour continued after the retirement from office of the governor-general. Formerly, all governors-general automatically became a knight upon being sworn in.[55]

Spouses of governors-general have no official duties but carry out the role of a vice-regal consort. They are entitled to the courtesy style Her Excellency or His Excellency during the office-holder's term of office. Most spouses of governors-general have been content to be quietly supportive. Some, however, have been notable in their own right, such as Dame Alexandra Hasluck, Lady Casey and Michael Bryce.

All the governors-general until 1965 were British-born, except for Australian-born Sir Isaac Isaacs (1931–1936) and Sir William McKell (1947–1953). There have been only Australian occupants since then, although Sir Ninian Stephen (1982–1989) had been born in Britain. Prince Henry, Duke of Gloucester, was a senior member of the royal family. Dame Quentin Bryce (2008–2014) was the first woman to be appointed to the office. Sir Isaac Isaacs and Sir Zelman Cowen were Jewish; Bill Hayden was an avowed atheist[68] during his term and he made an affirmation rather than swear an oath at the beginning of his commission; the remaining Governors-General have been at least nominally Christian.

Various governors-general had previously served as governors of an Australian state or colony: Lord Hopetoun (Victoria 1889–1895); Lord Tennyson (South Australia 1899–1902); Lord Gowrie (South Australia 1928–34; and New South Wales 1935–1936); Major General Michael Jeffery (Western Australia 1993–2000); Dame Quentin Bryce (Queensland 2003–2008); General David Hurley (New South Wales 2014–2019). Sir Ronald Munro Ferguson had been offered the governorship of South Australia in 1895 and of Victoria in 1910, but refused both appointments. Lord Northcote was Governor of Bombay. Lord Casey was Governor of Bengal in between his periods of service to the Australian Parliament.

Former leading politicians and members of the judiciary have figured prominently. Lord Dudley was Lord Lieutenant of Ireland (1902–1905). Lord Stonehaven (as John Baird) was Minister for Transport in the Cabinets of Bonar Law and Stanley Baldwin; and after his return to Britain he became Chairman of the UK Conservative Party. Sir Isaac Isaacs was successively Commonwealth Attorney-General, a High Court judge, and Chief Justice. Sir William McKell was Premier of New South Wales. Lord Dunrossil (as William Morrison) was Speaker of the UK House of Commons. Lord De L'Isle was Secretary of State for Air in Winston Churchill's cabinet from 1951 to 1955. More recent governors-general in this category include Lord Casey, Sir Paul Hasluck, Sir John Kerr, Sir Ninian Stephen, Bill Hayden and Sir William Deane.

Of the eleven Australians appointed governor-general 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 was a retired military officer and former Governor of Western Australia. Quentin Bryce's appointment was announced during her term as Governor of Queensland; she had previously been the Federal Sex Discrimination Commissioner. General David Hurley was a retired Chief of Defence Force and former Governor of New South Wales.

Significant post-retirement activities of earlier Governors-General have included: Lord Tennyson was appointed Deputy Governor of the Isle of Wight; Sir Ronald Munro Ferguson (by now Lord Novar) became Secretary of State for Scotland; and Lord Gowrie became Chairman of the Marylebone Cricket Club (Lord Forster had also held this post, before his appointment as governor-general).