Governor-General of Australia
The governor-general of Australia is the federal representative of the monarch of Australia, currently. The governor-general has many constitutional and ceremonial roles in the Australian political system, in which they have independent agency. However, they are generally bound by convention to act on the advice of the prime minister and the Federal Executive Council. They also have a significant community role, through recognising meritorious individuals and groups, and representing the nation as a whole. The current governor-general is Sam Mostyn.
Significant functions of the governor-general include giving royal assent to bills passed by the houses of parliament, issuing writs for elections, exercising executive power on the advice of the Federal Executive Council, formally appointing government officials, acting as commander-in-chief of the Australian Defence Force, and bestowing Australian honours. However, in almost all instances the governor-general only exercises de jure power in accordance with the principles of the Westminster system and responsible government. This requires them to remain politically neutral and to only act in accordance with Parliament or on the advice of ministers. However, in certain limited circumstances, the governor-general can exercise reserve powers, most notably during the 1975 Australian constitutional crisis. These situations are often controversial and the use of and continued existence of these powers remains highly debated.
In their ceremonial and community roles, the governor-general represents the nation as a whole. Domestically, this role entails attending services and commemorations, sponsoring community organisations and hosting events at one of the two official residences. Internationally, the governor-general represents Australia by travelling to significant events and by performing and receiving state visits. The governor-general is supported by a staff headed by the official secretary.
The governor-general is selected by the prime minister, but formally appointed by the monarch of Australia on the prime minister's advice. Their term is not fixed, but they typically serve for five years. From Federation in 1901 until 1965, 11 out of the 15 governors-general were British aristocrats; however, all since then have been Australian citizens. The current governor-general, Samantha Mostyn, is the second woman to hold the post, after Dame Quentin Bryce.
Appointment
The governor-general is formally appointed by the monarch of Australia with a commission made under the authority of section 2 of the Constitution and regulated by letters patent issued by the monarch. When a new governor-general is to be appointed, the current prime minister recommends a name to the monarch, who by convention accepts that recommendation. Prior to the 1940s, the recommendation was made and decided by the Cabinet as a whole. The incoming governor-general is publicly announced usually several months before the end of the existing governor-general's term. After receiving their commission, the new governor-general takes an oath or affirmation of allegiance to the monarch and an oath or affirmation of office. These oaths are administered by the chief justice of Australia or another justice of the High Court. Traditionally, the ceremony takes place in the Senate chamber.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. In recent decades the typical term of office has been five years. Some early governors-general were appointed to terms of just one year or two years. At the end of this initial term, a commission may be extended for a short time, usually to avoid conflict with an election or during political difficulties.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, with his official reason being his decision to accept the position of Australian ambassador to UNESCO in Paris, a post which ultimately he did not take up, but the resignation also being motivated by the 1975 constitutional controversy. In 2003, ex-archbishop Peter Hollingworth voluntarily stood aside while controversial allegations against him were managed, and the letters patent of the office were amended to take account of this circumstance. He later stepped down over the church's handling of allegations of sexual abuse of boys, for which he apologised before the Royal Commission into Institutional Responses to Child Sexual Abuse in 2016. In 1961, Lord Dunrossil became the first and, to date, only governor-general to die while holding office.
A vacancy occurs on the resignation, death, or incapacity of the governor-general. A temporary vacancy occurs when the governor-general is overseas on official business representing Australia. A temporary vacancy also occurred in 2003 when Peter Hollingworth stood aside.
Section 4 of the Constitution allows the monarch to appoint an administrator to carry out the role of governor-general when there is a vacancy. By convention, each of the state governors holds a dormant commission as administrator, allowing the longest-serving available governor to assume the office whenever a vacancy occurs. In 1975, Labor prime minister Gough Whitlam advised Queen Elizabeth II that Sir Colin Hannah, then governor of Queensland, should have his dormant commission revoked for having made public and partisan anti-Whitlam government political statements, in violation of the convention that vice-regal representatives remain neutral and above politics. In May 2023, previous governor-general Sir Peter Cosgrove was specially commissioned to act as administrator due to governor-general David Hurley and all of the state governors simultaneously being absent from Australia to attend the coronation of King Charles III and Queen Camilla.
Dismissal
A governor-general may be recalled or dismissed by the monarch before their term is complete. By convention, this may only be upon advice from the prime minister, who retains responsibility for selecting an immediate replacement or letting the vacancy provisions take effect. The constitutional crisis of 1975 raised the possibility of the prime minister and the governor-general attempting to dismiss each other at the same time. According to William McMahon, Harold Holt considered having Lord Casey dismissed from the governor-generalship, and went as far as to have the necessary documents drawn up. Casey had twice called McMahon into Yarralumla to give him a "dressing down" over his poor relationship with deputy prime minister John McEwen, which he believed was affecting the government. Holt believed that this was an improper use of his authority, but no further action was taken.Constitutional role
The governor-general has a key role in performing constitutional duties in all branches of government.Role in the Australian Parliament
The Constitution defines the Parliament of the Commonwealth as consisting of the monarch, the Senate and the House of Representatives. However, the monarch's role is no more than titular, with the governor-general responsible under the Constitution for most of the functions undertaken by the monarch in regard to the UK parliament. These include the power to summon, dissolve and prorogue the Parliament, to issue writs for lower house elections, to convene a joint sitting, as well as the power to give royal assent to bills in the monarch's name.The governor-general also has a ceremonial role in swearing in and accepting the resignations of members of Parliament. All members must make an oath or affirmation of allegiance to the King in the presence of the governor-general or someone appointed by them before they take their seats. On the day parliament opens, the governor-general makes a speech in the Senate, entirely written by the government, explaining the government's proposed legislative program.
One of the most significant powers of the governor-general is the power to grant royal assent in the King's name. This assent gives bills that have been passed by the houses of parliament the force of law, with effect either 28 days after being signed, on a date to be fixed later by proclamation or otherwise as provided in the act. The government does not formally advise the governor-general to grant assent, but it is expected that they will act in accordance with the democratically elected houses of Parliament and assent has never been refused.
Apart from assenting to a bill, the governor-general can also reserve a bill for the King's pleasure, that is allow the monarch to give royal assent personally to a proposed bill. When the governor-general acted as a representative of the British government, this provision allowed for the governor-general to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent. The British government could also advise the monarch to disallow a law passed within the last two years, which would annul the law on the governor-general's proclamation or message to the houses. However, since the assumption of full sovereignty and the emergence of an independent Crown of Australia, the British government no longer has these powers and the reservation power has only occasionally been used for bills that affect the monarch personally, such as the Royal Styles and Titles Act and other bills of national significance such as the Flags Act 1953 and the Australia Act 1986.
Finally, the governor-general can refer a bill back to the houses with suggested changes. This has only happened when once passed, the government has realised a bill requires further amendment and requests the governor-general return the bill to the house.