Governor of New South Wales
The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian States perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on the advice of the Premier of New South Wales, and serves in office for an unfixed period of time—known as serving At His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired judge Margaret Beazley, who succeeded David Hurley on 2 May 2019.
The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the New South Wales Constitution Act 1902, which defined the viceregal office as the governor acting by and with the advice of the Executive Council of New South Wales. However, the post still ultimately represented the Government of the United Kingdom until, after continually decreasing involvement by the British government, the passage in 1942 of the Statute of Westminster Adoption Act 1942 and the Australia Act 1986, after which the governor became the direct, personal representative of the sovereign.
Appointment
The office of governor is prescribed by the New South Wales Constitution. The Monarch, on the advice and recommendation of the Premier of New South Wales, appoints the governor with a commission issued under the Royal sign-manual and Public Seal of the State, who is from then until being sworn in by the premier and chief justice referred to as the governor-designate.Besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor-designate. The constitution act stipulates: "Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court." The sovereign will also hold an audience with the appointee and will at that time induct the governor-designate as a Companion of the Order of Australia.
The incumbent will generally serve for at least five years, though this is only a developed convention, and the governor still technically acts at His Majesty's pleasure. The premier may therefore recommend to the King that the viceroy remain in his service for a longer period of time, sometimes upwards of more than seven years. A governor may also resign and three have died in office. In such a circumstance, or if the governor leaves the country for longer than one month, the Lieutenant-Governor of New South Wales, concurrently held by the Chief Justice of New South Wales since 1872, serves as Administrator of the Government and exercises all powers of the governor. Furthermore, if the lieutenant governor becomes incapacitated while serving in the office of governor or is also absent from the state, the next most senior judge of the Supreme Court is sworn in as the administrator.
Selection
Between 1788 and 1957, all governors were born outside New South Wales and were often members of the peerage. Historian A. J. P. Taylor once noted that "going out and governing New South Wales became the British aristocracy's 'abiding consolation'". However, the position eventually became filled by Australians, with the first Australian-born governor, Sir John Northcott on 1 August 1946, being the first Australian-born governor of any state. However, as Northcott was born in Victoria, it was not until Sir Eric Woodward's appointment by Queen Elizabeth II in 1957 that the position was filled by a New South Welshman. This practice continued until 1996, when Queen Elizabeth II commissioned as her representative Gordon Samuels, a London-born immigrant to Australia.Early governors were frequently former politicians, many being members of the House of Lords by virtue of their peerage; however they were required by the tenets of constitutional monarchy to be non-partisan while in office. The first governors were all military officers and the majority of governors since have come from a military background, numbering 19. Samuels was the first governor in New South Wales history without a political or common public service background—a former justice of the Supreme Court of New South Wales. The first woman to hold this position is also the first Lebanese-Australian governor, Dame Marie Bashir.
Role
As the sovereign lives outside New South Wales, the Governor's primary task is to perform the Sovereign's constitutional duties on their behalf.The Governor is enpowered by the Constitution Act 1902 to appoint the ministers of the Government of New South Wales. Convention dictates that the governor must select as premier an individual from Legislative Assembly that has the confidence of that body. The premier then advises the governor on who to appoint as ministers. The executive branch of government exercises power formally through the governor-in-council, the governor acting with the advice of the Executive Council of New South Wales. This council is made up of cabinet ministers and gives legal effect to decisions already reached in cabinet. While the governor must almost always act only on the advice of ministers, in exceptional circumstances they may act in the absence or contrary to advice—this is known as the reserve powers. The circumstances when these powers may be exercised is disputed, however in 1932 the governor justified the use of these powers to revoke the commission of premier Jack Lang during the 1932 New South Wales constitutional crisis on the grounds of alleged illegal activity by the premier.
The Governor alone is constitutionally mandated to summon Parliament and may also prorogue and dissolve it on the advice of the premier. The Governor grants Royal Assent in the King's name to bills as the final step required to give them the force of law. While in the past Governors had the discretion to refuse or reserve assent to bills, usually where they were seen as unfavourable to imperial interests, now the only likely grounds on which a bill could be refused if it was passed contrary to manner and form requirements. A Governor's view that a bill is likely unconstitutional is not a ground for the reservation of royal assent as the legality of a bill is determined by the courts. With most constitutional functions delegated to Cabinet, the Governor acts in a primarily ceremonial fashion. The Governor hosts members of Australia's Royal Family, as well as foreign royalty and heads of state. Also as part of international relations, the Governor receives letters of credence and of recall from foreign Consuls-general appointed to Sydney.
The Governor is also tasked with fostering unity and pride. The governor inducts individuals into the various national orders and present national medals and decorations, however the most senior awards such as ACs or the Victoria Cross are the sole prerogative of the governor general. The Governor also ex-officio serves as Honorary Colonel of the Royal New South Wales Regiment, Honorary Air Commodore of No. 22 Squadron, Royal Australian Air Force and an Honorary Commodore of the Royal Australian Navy, as well as the Chief Scout for New South Wales.
Although not a responsibility of the office of Governor of New South Wales, governors of New South Wales are like all Governors of the Australian states normally given a dormant commission to administer the government of the Commonwealth of Australia in the absence from Australia, or the death, incapacity or removal from office of the Governor-General by the Sovereign. New South Wales governors are often also appointed as a Deputy of the Governor-General to perform certain responsibilities of the Governor-General while the Governor-General is present in Australia, but unable to perform them personally.
Symbols and protocol
The Governor is listed second in New South Wales' table of precedence, behind the Governor-General. The incumbent Governor is entitled to use the style of His or Her Excellency, while in office. On 28 November 2013 the Premier of NSW announced that the Queen had given approval for the title of "The Honourable" to be accorded to the governors and former Governors of New South Wales. Upon installation, the governor serves as a Deputy Prior of the Most Venerable Order of the Hospital of Saint John of Jerusalem in Australia and is also traditionally invested as either a Knight or Dame of Justice or Grace of the Order. It is also customary that the Governor is made a Companion of the Order of Australia, though this is not necessarily automatic. The use by the Governor of an elaborate uniform, comprising a plain blue tailcoat, scarlet collar and cuffs, silver epaulettes, and a plumed bicorne hat, fell out of use with the appointment of the first Australian-born Governor, Sir John Northcott, in 1946.The musical vice regal salute—composed of the first and last four bars of the national anthem —is played on the arrival and departure of the Governor from a formal event in which a military or service guard is present. It is optional to play if no guard is at the event.
To mark the Governor's presence at any building, ship, aeroplane, or car in Australia, the Governor's standard or flag is employed. Following the example of other states adopting unique Governor's standards, in 1980 the Government of New South Wales sought to introduce a new standard for the Governor to replace the Union Flag that had been in use since 1788. Premier Neville Wran wrote to the Governor, Sir Roden Cutler, on 25 November 1980 advising: "His Excellency’s Ministers of State now consider that there should be a change in the Personal Standard of the Governor of New South Wales, such change to take effect at the conclusion of His Excellency’s term of office. The Premier therefore recommends for approval a change in the Governor’s distinctive flag from the Union Flag to the New South Wales State Flag with a Crown surmounting the State badge in the fly." However, Cutler did not agree with this change, and it was recommended that the change be undertaken after he had left office. The new Governor's Standard was designed and presented by the Garter King of Arms to the Agent-General for New South Wales in London on 8 January 1981, who then sought Royal assent of the new design, which was given on 15 January 1981. The flag was first flown on 20 January 1981 over Parliament House for the official swearing-in of Governor Sir James Rowland, and was flown for the first time over Government House on 29 January 1981.
;Past and present standards of the governor