Governor of Victoria


The governor of Victoria is the representative of the monarch, currently, in the Australian state of Victoria. The governor has many constitutional and ceremonial roles in the Victorian political system; however, they are generally bound by convention to act on the advice of the premier and the Executive Council of Victoria. They also have a significant community role, through investing Australian Honours on behalf of the governor-general, patronage of community organisations, and representing the state as a whole. The current governor is Margaret Gardner.
Significant functions of the governor include giving royal assent to bills passed by the houses of parliament, issuing writs for elections, exercising executive power on the advice of the Victorian Executive Council, formally appointing government officials, opening sessions of state parliament, and presenting Australian honours. Although Australia has a federal system of government, the governor is the direct representative of the monarch and is not subordinate to the governor-general.
In almost all instances, the governor 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. In certain limited circumstances, the governor can exercise reserve powers. Governors are rarely called upon to exercise these reserve powers in the modern period. However, as the Legislative Council of Victoria has always had a majority of elected members, and the Legislative Assembly of Victoria had three major parties forming ministries, the government of Victoria prior to 1960 required more active involvement by the governors than in the other Australian states. Sir Charles Darling in 1868 and Sir George Bowen in 1879 were both recalled for their poor management of constitutional crises, while premiers Albert Dunstan in 1945, Thomas Hollway in 1952 and John Cain Sr. in 1955 all lost office due to failing to maintain supply. The governors consulted Victoria's Chief Justice for advice on their exercise of the reserve powers, with Sir Dallas Brooks also consulting the Chief Justice of the High Court, Victorian Sir Owen Dixon, during the 1955 incident.
In their ceremonial and community roles, the governor represents the state as a whole. Domestically, this role entails attending services and commemorations, sponsoring community organisations and hosting events at their official residence, Government House, located next to the Royal Botanic Gardens and surrounded by Kings Domain in Melbourne. The governor also promotes Victoria's economic, social and cultural interests abroad and is entitled to travel on an Australian diplomatic passport on official business. The governor is supported an Official Secretary, and the Office of the Governor, an administrative office within the Department of Premier and Cabinet which employed 47 FTE staff in 2024.
The governor is selected by the premier and formally appointed by the monarch on the premier's advice. The term of office is not fixed, but they typically serve for five years. Between Victoria's separation from the Colony of New South Wales in 1851 and 1900, ten British-born officials served as governor, including Charles La Trobe and Charles Hotham, who were titled Lieutenant-Governor of Victoria until the colony achieved responsible government in 1855. Three of these colonial governors were minor British nobility, the other seven came from the landed gentry. Since Federation in 1901, the position was held by a series of minor British nobles, including Baron Huntingfield, the first person born in Australia to serve as governor in any state, however Victoria was the last state to begin appointing Australians as governor on a regular basis. The first Australian appointed governor was Sir Henry Winneke in 1974, and all governors since have been Australian citizens. Several governors since 1974 were born overseas, namely Davis McCaughey came to Australia for work and David de Kretser and Alex Chernov, both of whom came to Australia while at school. The first woman to be appointed governor was Linda Dessau, who served from 2015 to 2023.

Appointment

The governor is formally appointed by the monarch with a commission made under the authority of section 6 of the Victorian Constitution. When a new governor is to be appointed, the current premier recommends a name to the monarch, who by convention accepts that recommendation. Prior to 1986, the governor was appointed by the monarch of the United Kingdom acting on the advice of the Colonial Secretary, although local recommendations were considered and usually accepted by the British minister.
The incoming governor is publicly announced usually several months before the end of the existing governor's term. After receiving their commission, the new governor 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 Victoria or another justice of the Supreme Court. Traditionally, the ceremony takes place in the Legislative Council chamber, although between 2001 and 2015 it was conducted at Government House.

Tenure

The Victorian Constitution does not set a term of office, so a governor may continue to hold office for any agreed length of time. The typical term of office is five years, although after this initial term, a commission may be extended. The term of Linda Dessau was extended by three years in June 2020, due to the impact of the COVID-19 pandemic in Australia. This made Deassau the longest-serving governor since Major General Sir Rohan Delacombe, who served 1963 to 1974.
There are two other offices that are authorised to administer the government of Victoria on behalf of the governor. The lieutenant-governor of Victoria is appointed by the governor by commission under the Public Seal of Victoria while the administrator of Victoria is ex officio the chief justice of the Supreme Court, unless:
  • The governor has commissioned an administrator under the Public Seal of Victoria,
  • There is a vacancy in the office of chief justice,
  • The chief justice is the lieutenant-governor,
  • The chief justice is unable or unwilling to act as administrator, or
  • The chief justice is not in Victoria.
In the latter cases, the administrator is instead the next most senior justice of the supreme course who is in Victoria, willing and able to act as administrator.
The lieutenant-governor may assume the administration of the government of the state when:
  • there is a vacancy in the office of Governor,
  • the governor has assumed the administration of the government of the Commonwealth,
  • the governor is absent from the state, or
  • the governor is otherwise unable or unwilling to perform their role.
The administrator may assume the administration of the government of the state in the same situations, but not when there is a lieutenant-governor who is in Victoria, willing and able to assume the administration of the government.
The governor may also appoint the lieutenant governor or administrator as their deputy to perform some or all of the functions of the governor on behalf of the governor while the governor is exercising the office.

Dismissal

A governor may be dismissed by the monarch before their term is complete. Since the passage of the Australia Act 1986 the monarch may only dismiss a governor on advice from the premier, who is responsible for selecting an immediate replacement or letting the vacancy provisions take effect. Prior to 1986, the governors were dismissed, or recalled to the United Kingdom, by the monarch of the United Kingdom.

Constitutional role

The governor has a key role in performing constitutional duties in all branches of government of the state. The governor also has a subsidiary role performing some constitutional duties relating to the government of the Commonwealth.

Role in the Victorian Parliament

The Victorian Constitution defines the Parliament of Victoria as consisting of the monarch, the Legislative Council and the Legislative Assembly. However, the monarch's role is no more than titular, with the governor responsible under the Victorian Constitution and Australia Act 1986 for all 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 elections, as well as the power to give royal assent to bills in the monarch's name.
The governor 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 or someone appointed by them before they take their seats. On the day parliament opens, the governor makes a speech in the Legislative Council, entirely written by the government, explaining the government's proposed legislative program.
One of the most significant powers of the governor 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. It is unclear whether the governor acts on the advice of the government when giving assent, with previous governors giving conflicting views. Previously the Executive Council advised the granting of assent, but since 1996 a standing instruction has been given by the premier stating assent should be given in the absence of advice otherwise. This differs from Commonwealth and other state vice-regal representatives who are not given advice regarding royal assent. Assent has not been refused since the early days of responsible government. In 1857, Governor Sir Henry Barkly refused assent to the Oaths of Office Bill 1857 on the grounds that it conflicted with an act of the Imperial Parliament. The next year, he similarly refused to assent to the Duration of Parliament Bill 1858, which aimed to alter the new constitution, but had not been passed in the manner required for constitutional alterations. In both cases, Barker assented to replacement bills that he did not consider to be beyond the power of the colonial parliament.
Prior to the Australia Act 1986, the Australian Constitutions Act 1850 authorised the governor to reserve a bill for the monarch's pleasure, that is allow the monarch to give royal assent personally to a proposed bill. When the governor acted as a representative of the British government, this provision allowed for the governor to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent. Since the passage of the Australia Act 1986, the powers of the monarch in relation to the state - save for the power to appoint the governor - are exercised by the governor. Under the Australian Constitutions Act 1842, 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's proclamation or message to the parliament. This power was also removed by the Australia Act 1986.
Finally, the governor can refer a bill back to the houses with suggested changes.