The Queen is head of state of 16 countries that are a part of the Commonwealth realm, including the UK. H. of R. 138, 24 August 1984, p. 380. Black, red and yellow. As the defining Head of State power is the power to appoint and remove the Prime Minister, that reply confirmed, if confirmation were needed, that the Governor-General is indeed Australia's constitutional Head of State. Although the Governor-General is the Queen's representative for the purposes of exercising the prerogatives of the Crown in Australia, when he exercises his constitutional duties as head of the executive Government of Australia he does so in his own right and not as a delegate of the Queen. The Queen is head of state of the United Kingdom and 15 other countries that were formerly under British rule -- including Australia, Canada, New Zealand, Jamaica and … [24], Nothing could be done, except by way of a constitutional amendment under section 128 of the Constitution, to enable the Sovereign to exercise any of the Governor-General's constitutional powers while she was in Australia, but by means of the Royal Powers Act 1953, Parliament legislated to enable the Queen, whenever she was personally present in Australia, to exercise any statutory power of the Governor-General under an Act of Parliament, when advised to do so by her Australian Ministers. Currently, Australia is governed under a form of constitutional monarchy, which means that a king or queen is the official head of state, although their powers are limited. Argument and debate about their codification was the cause of major division between the various republican groups, but they, too, found the problem too difficult. Barbados announced Tuesday it plans to remove Queen Elizabeth II as head of state next year, marking the first time since 1992 that a commonwealth realm … ©2001-2021 Australians for Constitutional Monarchy - Toowoomba Branch. Sir Anthony further claimed that, as her representative and nothing more, the Governor-General is prevented from attending public functions when the Queen herself is present. [1] Prime Minister Paul Keating referred to the Governor-General as our Head of State in the very speech in which he announced in Parliament, on 7 June 1995, his Government's proposals for the republic. As Australia is a constitutional monarchy, government and academic sources describe the Queen as head of state. To summarise, the Australian Constitution does not refer to the Head of State; the Head of State is the person who performs all of the duties of the Head of State; the Queen has never performed any duties as Australia's Head of State; such constitutional duties as the Queen does perform are as Sovereign and Queen of Australia and not as Head of State; the Governor-General performs all of the duties of the Head of State; the Constitution confers the duties of the Head of State on the Governor-General in his own right and not as a surrogate or delegate of the Queen. [3] Brian Galligan, A Federal Republic: Australia's Constitutional System of Government, (Cambridge University Press, Cambridge, 1995), pp. As discussed in this paper, these duties are performed by the Governor-General, and the Sovereign's only constitutional duty is to approve the Prime Minister's recommendation of the person to be appointed Governor-General, or, if the need should ever arise, to approve the Prime Minister's recommendation to terminate the appointment of a Governor-General. On 21 August 1984 Prime Minister Bob Hawke advised the Queen to revoke Queen Victoria's Letters Patent and all Royal Instructions to the Governor-General, and to issue new Letters Patent. Republicans argue that the Queen is our Head of State and that the republic would give us an Australian as Head of State. ... is one that reinforces the need for us to have an Australian head of state, the need for us to stand on our own two feet,” he said. Sir David Smith was Official Secretary to five Governors-General from 1973 to 1990. 5.17. ... — Troy Simpson (@TroyPSimpson) October 17, 2020. [10], A not insignificant contribution to this particular debate about who is the Head of State was the sudden appearance in the Commonwealth Government Directory, in 1992, as part of a list of the Governor-General's functions, of the following: "He is the head of state in whom the executive power of the Commonwealth is vested." Page last reviewed 01 Oct 2020. The 1901 views of Clarke and Moore were finally vindicated, and the Governor-General was acknowledged to be what he had in fact always been, namely, the holder of an independent office as Australia's Head of State, and not subject to any Royal Instructions, This was confirmed yet again in 1988 by the Hawke Government's Constitutional Commission. Despite repeated written requests for information about the authority for this assertion, neither the Attorney-General nor his Department has been able to provide any supporting documentary evidence, nor any constitutional or legal justification for the inclusion of this description of the Sovereign. Limited, Melbourne, 1978), p. 400. Even so, it took another nine years before the matter was finally resolved. [36] Sir Anthony Mason, "The Republic and Australian Constitutional Development", unpublished seminar paper, 11 May 1998. We have almost 100 years of legal advice and judicial opinions, the actions of Prime Ministers on both sides of politics in accepting that advice, and the advice of The Constitutional Commission, showing that the Governor-General is the holder of an independent office and that he performs the duties of Head of State in his own right and not as a delegate of the Queen. 494-5. Australia also figured prominently in The Queen's Silver Jubilee celebrations in 1977, in which The Queen visited every state during a three-week tour. Unfortunately, British Ministers advising Queen Victoria failed to appreciate the unique features of the Australian Constitution, and Australian Ministers failed to appreciate the significance of the Royal Instructions which Queen Victoria had issued to the Governor-General. More to the point, they have resorted to such non-legal expressions as "appropriate" or "proper" to justify their use of the description. Their principal duties and responsibilities were to the British Government. After 20 years of discussion, Barbados has started the process of fully cutting its ties with Queen Elizabeth II and becoming a republic with its own head of state. [25], In 1975 the Commonwealth Solicitor-General, Mr. (later Sir) Maurice Byers, gave Prime Minister Gough Whitlam a legal opinion that the Governor-General's constitutional powers could not properly be the subject of Instructions, thus again echoing the views expressed at the time of federation by Clark and Moore, and confirming that all constitutional powers and functions, except the power to appoint or remove the Governor-General, had been given to the Governor-General by the Constitution on 1 January 1901. But all this is only anecdotal evidence, and of no legal effect. But the Government's legal advisers suddenly discovered what had been apparent to Clark and Moore at the time of federation. Barton ACT 0221 Australia, Phone: +61 2 6261 1111 [30] Final Report of the Constitutional Commission, p. 313, para. [18] A. Inglis Clark, op. H. of R. 201, 7 June 1995, pp. "[29] At last the Royal Instruction that should never have been issued in the first place were revoked. What is economic and commercial diplomacy? Prime Minister of Australia. The Prime Minister is Head of Government. My view was that to inform Her Majesty in advance of what I intended to do, and when, would be to risk involving her in an Australian political and constitutional crisis in relation to which she had no legal powers; and I must not take such a risk. 'Why The Governor-General is Australia's Head of State' By Sir David Smith. What are the colours of the Australian Aboriginal Flag? In practice, the role of head of state of Australia is divided between two people, the Queen of Australia and the Governor-General of Australia, who is appointed by the Queen on the advice of the Prime Minister of Australia. Barbados has announced its plan to remove Queen Elizabeth II as head of state and become a republic by November 2021. SYDNEY (Reuters) - Australian Prime Minister Scott Morrison said on Thursday he would travel to Japan next week, becoming the first world leader to … No claims are made regarding the accuracy of Australia Government 2020 information contained here. His point was that section 61 "put the Sovereign in the position of having parted, so far as the affairs of the Commonwealth are concerned, with every shadow of active intervention in their affairs and handing them over, unlike the case of Canada, to the Governor-General. Whitlam, a former Labor Prime Minister. We work closely with and listen carefully to Indigenous leadership and community in our campaign. Canada’s Current Head of State, Queen Elizabeth II . Where and how Australia provides emergency assistance. They were appointed by the Sovereign on the advice of British Ministers and were in reality British civil servants. “Australia’s current head of state is Queen Elizabeth II, who is resident in the United Kingdom, and represented in Australia by a Governor-general — do you think Australia should have an Australian as our head of state?” When asked a simple choice of … Under the Australian Constitution, executive power is exercised by the Governor‑General as the Queen's representative. In the reply from Buckingham Palace, Mr. Speaker was told: "As we understand the situation here, the Australian Constitution firmly places the prerogative powers of the Crown in the hands of the Governor-General as the representative of the Queen of Australia. The decisions I took were without the Queen's advance knowledge. The president would have exactly the same powers and exactly the same duties as the Governor-General - nothing would be added and nothing would be subtracted. That was why the Queen was not able to intervene and over-rule the Governor-General's decisions in 1975 to dismiss a Prime Minister and order a general election, and that was why Prime Minister Hawke advised the Queen to revoke Queen Victoria's Royal Instructions to the Governor-General in 1984. The Australian Passport Office and its agents are committed to providing a secure, efficient and responsive passport service for Australia. Nowadays, references to the Governor-General as Head of State are not only commonplace, but are no longer preceded by such words as "de facto" or "virtual" or "effective", to name some of the qualifying adjectives that have been used in the past. During 1900 Queen Victoria signed a number of constitutional documents relating to the future Commonwealth of Australia, including Letters Patent constituting the Office of Governor-General,[12] and Instructions to the Governor-General on the manner in which he was to perform certain of his constitutional duties. This is not true. [2] Scholars such as Brian Galligan,[3] Professor of Political Science at the University of Melbourne, and Stuart Macintyre,[4] the Ernest Scott Professor of History at the University of Melbourne and Chairman of the Keating-appointed Civics Expert Group, also use the description. Updated at 3.01am EDT. Her Majesty, as Queen of Australia, is watching events in Canberra with close interest and attention, but it would not be proper for her to intervene in person in matters which are so clearly placed within the jurisdiction of the Governor-General by the Constitution Act."[28]. The Queen and The Duke toured Australia again in 1980 and 1981, to coincide with the Commonwealth Heads of Government Meeting in Melbourne. The description was used in fifteen successive editions of the Directory: it first appeared in the August 1992 edition and disappeared just as suddenly from the December 1996 edition.[11]. Fieldwork Dates: 17th - 20th February 2020 MAA_Q1. During this period, some constitutional monarchists argued that we already have an Australia Head of State in the Governor-General, and pointed to the statement in fifteen successive issues of the Commonwealth Government Directory in support of their case, while some republicans continued to argue that only the republic would give us an Australian Head of State. V, pp. He used a false premise, drew a wrong conclusion, and found a non-existent constitutional convention. The former Chief Justice's so-called "robust constitutional convention" is nothing more than a figment of his imagination. [19] Commonwealth Statutory Rules 1901-1965, pp. "[30], In order to avoid creating too powerful a president, republicans had said that the reserve powers of the Crown, and the conventions associated with their use by the Governor-General, should be codified, but in 1995 Prime Minister Keating had to tell Parliament that it was not possible to foresee all the possibilities that might give rise to the exercise of the reserve powers. This is not true. Our early Governors-General were British. The Commonwealth Government Directory's description of the Governor-General as Head of State was no help to the republican cause, and its removal coincided with the appointment of Daryl Williams as Attorney-General and his push for Australia to become a republic. He seemed not to understand that section 2, which refers to the Sovereign's personal prerogatives, and section 61, which refers to the Governor-General's constitutional powers, refer to two entirely different sets of powers. "[21], At the 1926 Imperial Conference, the Empire's Prime Ministers declared that the Governor-General of a Dominion was no longer to be the representative of His Majesty's Government in Britain, and that it was no longer in accordance with a Governor-General's constitutional position for him to continue as the formal channel of communication between the two Governments. Australia's Head of State is the Queen of Australia, Her Majesty Queen Elizabeth II. [2] Parliamentary Debates, Vol. [9], Even Sir Zelman Cowen, himself a distinguished and learned lawyer, has described the Governor-General as Head of State, though this was before he began to espouse the republican cause. Scullin, in insisting on advising the King on the appointment of Australia's next Governor-General. [20] Commonwealth Statutory Rules 1958, pp. NOTE: 1) The information regarding Australia on this page is re-published from the 2020 World Fact Book of the United States Central Intelligence Agency and other sources. 2020 Paralympic Games Regatta : Tokyo, Japan: Website: 28/8/2021: Sat: 2021 Brisbane Schoolgirls Rowing Association Head of the River: BSRA: Queensland State … When the Queen opened the Commonwealth Games in Brisbane in 1982 the Governor-General, Sir Ninian Stephen, was present and seated next to her, as had been the Governor-General of Canada when the Queen had opened the Commonwealth Games in Edmonton in 1978 - two years before our High Court opening. His Government had therefore concluded that "it would not be desirable to attempt to codify the reserve powers; and that the design, processes and conventions at present governing their exercise by the Governor-General should be transferred to the [president] without alteration."[31]. The last major push to make Australia a republic was more than 20 years ago. In January 1998, just before the February 1998 Constitutional Convention, the Attorney-General's Department published a revised edition of Australia's Constitution, which is a pocket edition of the Australian Constitution. (First published in 1924 as H.V. Before the event, both Government House, Canberra, and Buckingham Palace had confirmed that there was no practice or convention that would prevent the Governor-General from being present, and indeed the Queen herself had made it known that she would be pleased if the Governor-General were present. cit., pp. Evatt, Certain Aspects of the Royal Prerogative: A Study in Constitutional Law. Constitutional monarchists argue that the Queen is the Sovereign and that the Governor-General is the Head of State. Edition, p. 162. The media have long described the Governor-General as Head of State. In its final report the Commission said: "Although the Governor-General is the Queen's representative in Australia, the Governor-General is in no sense a delegate of the Queen. E.G. To help Australians avoid difficulties overseas, we maintain travel advisories for more than 170 destinations. [21] Quoted in H.V. 2020 Money . Since his retirement he has held appointments as a Visiting Fellow in the Political Science Programme of the Research School of Social Sciences at The Australian National University, and a Visiting Fellow in the Faculty of Law at The Australian National University. 52-3. [4] Stuart Macintyre, "A Federal Commonwealth, An Australian Citizenship", a lecture in The Australian Senate Occasional Lecture Series, 14 February 1997, p. 3. The new Opposition Leader’s deputy is Bill Marmion, 65. As of September 2020, the nations where the Queen is Head of State are: Antigua and Barbuda; Australia… 54-7. [22] Christopher Cunneen, Kings' Men: Australia's Governors-General from Hopetoun to Isaacs, (George Allen & Unwin, Sydney, 1983), p. 168; and (Sir) Zelman Cowen, Isaac Isaacs, (Oxford University Press, Melbourne, 1967), p. 191. These include Australia, Canada and New Zealand, as … 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." [12] Commonwealth Statutory Rules 1901-1956, Vol. [35] In his Commentary to Evatt's The Royal Prerogative, Emeritus Professor Leslie Zines wrote of section 2 that it now had "little or no operation", its purpose having disappeared with the disappearance of the Empire - see op. 310-312. [26], The dismissal of the Whitlam Government by the Governor-General later that year was to provide confirmation of the correctness of all the legal opinions which had been given over the previous seventy-four years. For more information on when Australia’s next state and federal elections will be, track along with our Australian political calendar. It was Prime Minister Malcolm Fraser who decided that the Governor-General would not be invited. May 27, 2019:Anthony Albanese was elected unopposed as leader of the ALP, following its defeat at the May 18 elections. [34] ABC Television, 27 October 1997; and ABC Radio, 28 October 1997. In the words of the Prime Minister, this would "achieve the objective of modernising the administrative arrangements of the Office of Governor-General and, at the same time, clarify His Excellency's position under the Constitution. The Governor-General is appointed by the Queen on the advice of the Prime Minister of Australia. Despite the name, the head of state may be present in the meeting instead of the head of government, especially among semi-presidential states. [13], Two distinguished Australian constitutional scholars, A. Inglis Clark,[14] who had worked with Sir Samuel Griffith on his drafts of the Constitution, and who later became Senior Judge of the Supreme Court of Tasmania, and W. Harrison (later Sir Harrison) Moore,[15] who had worked on the first draft of the Constitution that went to the 1897 Adelaide Convention, and who later became Professor of Law at the University of Melbourne, expressed the view that the Letters Patent and the Instructions were superfluous, or even of doubtful legality, on the grounds that the Governor-General's authority stemmed from the Australian Constitution and that not even the Sovereign could direct him in the performance of his constitutional duties.[16]. The last occasion was 2 March 1986 when, in a public ceremony at Government House, Canberra, the Queen proclaimed the Australia Act 1986 to come into operation on the following day. b. No "robust constitutional convention" here, just self-serving prime ministerial whim and fiat. In 1982 they attended the Commonwealth Games in Brisbane. Queen Elizabeth II is the head of state in 16 countries (Picture: Getty Images) The monarch will perform ceremonial duties in the Commonwealth realms … These provisions were peculiar to the Australian Constitution and they conferred upon our Governor-General a statutory position which the Imperial Parliament had not conferred upon any other Governor or Governor-General in any other part of the British Empire. The Australian Constitution does not contain the words "Head of State", nor was the term discussed during the constitutional debates which resulted in the drafting of the Constitution and its subsequent approval by the Australian people. Instead he told his audience that he had discovered hidden in the Constitution what he was pleased to call a "robust constitutional convention" relating to the Governor-General. [10] Claude Forell, "The Fragile Consensus", The Age. The 1926 and the 1930 Imperial Conference decisions changed the status of the Vice-Regal office and established a new relationship between the Governor-General and the Australian Government. The current monarch of Australia is Queen Elizabeth II, … July 14, 2020. This is not true. Under the Australian Constitution, executive power is exercised by the Governor‑General as the Queen's representative. The 1930 Imperial Conference decided that, henceforth, recommendations to the King for the appointment of a Governor-General would be made by the Prime Minister of the Dominion concerned, and not by British Ministers as had been the case until then. With Chris Rock, Bernie Mac, Lynn Whitfield, Dylan Baker. Williams argued that the president would replace the Queen as Head of State. At the 1998 Constitutional Convention the Governor-General's reserve powers were examined yet again. A slogan that conveniently sums up the republican cause is ‘An Australian for Head of State’. Fax: +61 2 6261 3111 Australia’s Flag The independence of the office is highlighted by changes which have been made in recent years to the Royal instruments relating to it. This is a list of current heads of state and heads of government.In some … A biography for the Governor-General can be found on the Governor-General's website. Article Index The Commonwealth Solicitor-General, Sir Kenneth Bailey, gave the Prime Minister a legal opinion that the Constitution placed all constitutional powers, other than the power to appoint the Governor-General, in the hands of the Governor-General; that the Governor-General exercised these constitutional powers in his own right, and not as a representative of the Sovereign; and that the Governor-General's powers could not be exercised by the Sovereign, not even when she was in Australia. C6-7. This would otherwise have been done by the Governor-General at a meeting of the Federal Executive Council. In a section headed "Overview" it stated that "Australia's Head of State is Queen Elizabeth II." The Queen will be removed as Barbados’ head of state when the country becomes a republic next year. a. The Commonwealth Heads of Government Meeting (CHOGM; / ˈ tʃ ɒ ɡ əm / or / ˈ tʃ oʊ m /) is a biennial summit meeting of the de facto leaders from all Commonwealth nations. John Pyke, Lecturer at law. Evatt, The Royal Prerogative, (The Law Book Company Limited, Sydney, 1987), p. 172. [14] A. Inglis Clark, Studies in Australian Constitutional Law, (Charles F. Maxwell (G. Partridge & Co.), Melbourne, 1901), pp. [29] Statement by the Prime Minister to the House of Representatives, Parliamentary Debates, Vol. Australia's Head of State is the Queen of Australia, Her Majesty Queen Elizabeth II. I did not ask her approval. A celebration of Australia delivered in a country or region of strategic significance. The Prime Minister tabled a copy of the new Letters Patent relating to the office of Governor-General, together with the text of a statement relating to the document, but for some unknown reason he did not read the statement to the House, nor did he seek leave to have it incorporated in Hansard. [1] Lord Dufferin, then Governor-General of Canada, in a speech delivered at Halifax, Nova Scotia, in August 1873, described the Governor-General as "the head of a constitutional State, engaged in the administration of Parliamentary government." Though in many respects the Governor-General is the Queen's … One Australian would replace another Australian and go on doing exactly the same job. 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