Position of the Governor
Australia
is a constitutional monarchy, a federation and a parliamentary democracy.
Each of these terms describes a different aspect of its form of government.
The Queen is formally Australia’s head of state, but she is represented
by the Governor-General of the Commonwealth of Australia and the Governors
of each of the six States. They exercise all the constitutional powers
of a head of state in their respective spheres.
Australia became a federation on 1st January 1901
after the people of the six Australian colonies agreed and the Parliament
of the United Kingdom consented that there should be a Federal Government
for the whole nation as well as a Government in each of the States (as
the colonies were to be called). The Commonwealth Constitution gives
the Commonwealth powers over specific subjects, including foreign affairs,
defence and international and interstate trade. Powers not allocated
to the Commonwealth are exercised by the States. Some responsibilities,
such as for education and health, are, in practice, shared.
The States and the Commonwealth each have democratically-elected
parliamentary systems based on that of the United Kingdom.
Thus the State of Victoria has a Governor who,
appointed by the Queen, acts as head of state; a Parliament in Melbourne
with an upper House, the Legislative Council, and a lower House, the
Legislative Assembly; a Government or Cabinet comprising the Premier
and other Ministers who are drawn from both Houses but must have the
confidence and support of the majority of the Legislative Assembly;
a system of law courts; and a public service, for each department of
which a Minister is responsible to Parliament.
At the Commonwealth level, the Governor-General
corresponds to the Governor of a State and the Prime Minister to the
Premier.
The Governor-General, in relation to the Governors
is treated as the first among equals, but has no control or supervision
over them.
In addition, Australia has two mainland and several
external Territories under Commonwealth control, mostly with varying
degrees of self-government; and a system of local government under State
control with elected councils for each municipality. Governor Phillip
became the first Governor in Australia on the arrival of the First Fleet
from Britain in 1788. He was Governor (of New South Wales) and also
head of government, possessing the widest executive powers and exercising
them as he thought best. Since that time our system of representative
and responsible parliamentary democracy has been developed. In Victoria
now the head of government is not the Governor but the Premier. The
Premier and Government are responsible for governing Victoria. Their
authority depends on the support of the majority in the Legislative
Assembly which itself reflects the choices of the community made in
the most recent elections.
In all Australian States the building in which
the Governor lives and works is called ‘Government House’, a description
given in the days before democracy when the Governor not only acted
as head of state but was head of the Government. Some telephone callers
to the Office of the Governor at Government House, Melbourne, are surprised
to find there is no one from the Government there.
Our democracy has not been introduced by transferring
to the Premier and Ministers of the Government the powers the Governor
originally had. The pattern which has emerged is that the Governor has
extensive powers to exercise, but laws and conventions ensure that they
are exercised consistently with the will of the community as expressed
in elections. The laws and conventions achieve this result by requiring
the Governor to exercise the powers in accordance with the advice of
Ministers. Although called ‘advice’, the advice which Ministers give
the Governor under the Constitution is actually a mandatory request
with which the Governor must comply. The reserve power which is mentioned
later is an exception to the need to comply with ministerial advice.
Where an Act of Parliament or other legal instrument
gives power to the Governor ‘in Council’, this means that the Governor
is to exercise it in accordance with the advice of the Victorian Executive
Council. The Executive Council consists of at least two and normally
four Ministers who meet with the Governor and represent the Government.
When the words of an Act give a power to the Governor,
rather than to the Governor in Council, or when the Governor exercises
a power of the Queen, it is exercised on the advice of the Premier of
Victoria. The Constitution Act 1975 gives to the Governor the power
to dissolve the Legislative Assembly and call an election. The Governor
exercises the Queen’s power in pardoning an offender.
Appointment
The Premier of Victoria, not the Government, chooses
who is to be appointed Governor. The Queen on the advice (mandatory
request) of the Premier appoints that person as Governor. If the Premier
advised it, the Queen would dismiss the Governor.
The Governor is appointed ‘at pleasure’ and could
be dismissed at any time. Before appointment Governors usually arrange
with the Premier a domestic agreement on the term of office which is
to be served.
Although the Governor could be dismissed during
the arranged period of service, this has not happened in Australia during
the last 75 years. A Premier knows that such a dismissal would draw
the damnation of the community and history unless good reason for it
could positively be shown. There is a sophisticated balance between
the powers of Governor and Premier. The Governor has power to dismiss
the Premier but is equally aware of the enormous disapproval of public
opinion and posterity which would be aroused unless the clearest constitutional
reasons for doing so could be shown to exist.
Responsibility
With the Australia Acts 1986, passed by the Commonwealth
and United Kingdom Parliaments at the request of all State Parliaments,
the responsibilities which had long existed in practice were defined
by law.
The Governor is no longer in any way subject to
the direction, supervision or veto of the Queen or the British Government.
A Governor exercises powers on the advice only of the Victorian Premier
or Executive Council and represents and is responsible to the Victorian
community. Queen Elizabeth II is the outstanding modern exponent of
the way the powers and functions of a constitutional head of state are
to be exercised in a system such as ours. Although she has not direct
influence on a Governor, her influence as a good example is considerable.
Most significant constitutional powers are conferred
by Act of Parliament expressly on the Governor. They can never be exercised
by the Queen. These include the power to dissolve the lower House and
call an election, to appoint or dismiss Ministers and the numerous powers
conferred on the Governor in Council.
The Governor also exercises in respect of Victoria
the powers of the Queen other than the power to appoint or dismiss a
Governor. Unless the Queen is in Victoria, only the Governor, not the
Queen, can exercise those powers. If the Queen were physically present
in Victoria she could, on the advice of the Premier, exercise her powers.
She could, for example, pardon an offender.
The Governor’s main responsibility is to do all
that can be done to ensure that Victoria’s democracy works. Democracy
requires a system including election, Parliament, Government and Courts.
It also requires that attitudes that are essential to its working -
that the great majority of citizens have confidence in their community
and its democracy, a respect for others and their rights and just interests,
and a readiness to accept and comply with their responsibilities and
the decisions of the organs of democracy mentioned above.
As guardian of Victoria’s Constitution the Governor’s
influence and power are exercised towards having the system work properly
and regularly without stalling or abuse. Interaction with the community
aims to encourage and strengthen the above attitudes.
Parliament
The Governor has a concern to see that our system,
where the Government is responsible to Parliament and must have the
support of the majority in the lower House, works well. The proper performance
of the role requires that the Governor act apolitically and without
being influenced by any preference for a particular party or set of
policies. To avoid the necessity of making a political choice between
the contesting parties, a Governor does not vote in elections.
After an election the Governor appoints a new Government.
If the existing Government loses the election the Premier tenders a
resignation and advises the Governor to call on the Leader of the Opposition
to form a government. The Governor does not accept the resignation until
the new Government is appointed and the existing Premier and Ministers
continue on a caretaker basis until then. The Leader of the Opposition
assures the Governor that he or she has the confidence of the majority
in the Legislative Assembly and is then commissioned to form a government.
The Premier and the Members of Parliament nominated by the Premier are
then appointed and sworn or affirmed as Ministers by the Governor.
A Bill passed by both Houses does not become an
Act of Parliament providing new law for Victoria until the Governor
gives assent by signing it.
Checks
Although the Governor is constitutionally bound
to act in accordance with the advice of Ministers there is no requirement
of passive acceptance. Governors always have a constitutional right
to counsel Ministers against advising the Governor to act in that way.
The right to counsel Ministers is co-extensive with the obligation to
act on the advice ultimately tendered and is entirely consistent with
it. The main influence of a Governor in constitutional affairs comes
from the right to counsel.
The most common use of a Governor's right to counsel
relates to recommendations made to the Governor in Council - that is,
made to the Governor advised by the Executive Council. Executive Council,
at which the Governor presides although not a member, usually meets
in the Executive Council Chamber, Old Treasury Building, on Tuesday
mornings. On the Thursday before, usually about 60 recommendations by
Ministers for Orders to be made or other action taken by the Governor
in Council are delivered to the Clerk of the Executive Council. The
Clerk, experienced in principles of good government, identifies any
recommendation which seems to require particular attention, when the
papers are delivered to the Governor on Friday afternoon.
Parliament often intends that the Government or
Ministers should decide on steps to be taken under an Act. Power to
take the most important of these steps is conferred on the Governor
in Council. The decision is initiated by a recommendation to the Governor
in Council by an individual Minister. Less than ten per cent of these
are considered and confirmed by Cabinet.
Acts of the Victorian Parliament confer thousands
of powers of great variety on the Governor in Council. They include
executive powers such as appointing judges or appointing or removing
statutory officers; legislative powers such as making regulations or
amending Acts; and powers almost of a judicial nature such as deciding
planning appeals called in by the Minister or declaring that a Crown
lease or licence has expired.
In checking all the recommendations and supporting
papers the Governor considers whether there is adequate information
on what is proposed and the reason for it, and whether there is any
need to exercise the right to counsel. The Governor's main concern is
not with issues of political policy: broadly, the people of Victoria
have determined these by electing the Government majority. The concern
is that the powers be exercised properly so as to be constitutional,
valid and effective; in compliance with any principles of natural justice
or procedural fairness which apply; and in accordance with the practices
and conventions of good government. This is the last check on the public
service in a process which is often not subjected to any outside surveillance.
If information is inadequate or there is reason
to doubt the regularity of what is recommended, the Governor may request
the Clerk to seek information or question the appropriateness of the
recommendation with the Department concerned. In a few cases, where
that does not resolve the position, the recommending Minister is requested
to discuss the matter and the Governor tenders counsel in confidential
discussion.
The Governor may defer action upon a recommendation
until adequate information is provided and considered.
When the Governor offers counsel to a Minister
it is on the basis that ultimately the Governor will do what Executive
Council finally advises. That usually corresponds to what the Minister
finally recommends but the Governor may tender counsel to the Ministers
at an Executive Council meeting.
The right of the Governor to offer counsel is one
of the useful checks among the checks and balances of our democracy.
The knowledge that there will be a final check, of itself, has a salutary
effect. There are pressures on all people who hold power to take short
cuts, to conceal earlier errors or to regard the end as justifying the
means. The pressures on a busy Minister often leave little time to check
that the recommended manner of carrying out the action is correct. Most
irregularities are not deliberate. They reflect the fact that, in Sir
Zelman Cowen's words, regularity 'in the press of big, busy and complex
government, may not always be assured'.
Ministers and Department Heads recognise that
it is in the interests of the community, the Government and the Governor
in Council that powers be exercised properly. They give full consideration
if the Governor suggests that a recommended action might be irregular.
Ministers are careful to ensure that finally the Governor is only advised
to take action which they are satisfied is correct and proper. Because
discussions in which the Governor counsels Ministers remain confidential,
a Minister who as a result changes a recommendation, loses no face.
The right to counsel gives the Governor an opportunity
to cause Ministers and Departments to have second thoughts. It is usually
effective because Ministers and those in Departments have an inherent
motivation to act properly and constitutionally.
Before the Government can draw money from the
Consolidated Fund from which its moneys come, the Governor must sign
a warrant that the sum has been appropriated by Parliament or is otherwise
legally available. Ordinarily the Governor signs a warrant in reliance
on the certificate of the Auditor-General. If there were any reason
to think the sum unavailable, the Governor could make inquiries and
raise the issue with the Treasurer or, if necessary, the Premier.
Protective Mechanism
What is discussed above is the effective influence
not the effective power of the Governor. The Governor has a limited
effective power of last resort which is to be used solely to protect
the democratic system from stalling or being abused. It is called the
reserve power. As there is no occasion to use it if the system is operating
properly and it requires the most exceptional circumstances before it
can be exercised, it is seldom used. The existence of the power tends
to ensure that the system is kept operating properly. It is described
as an effective power because the Governor can exercise it without ministerial
advice to do so.
For example, if a Premier who had lost an election,
instead of following the usual practice of advising the Governor to
call on the Leader of the Opposition to form a government, refused to
do so, the system would not be allowed to be stalled or abused in that
way. The Governor would ordinarily, in exercise of the reserve power,
act without ministerial advice, dismiss the Premier and appoint the
Leader of the Opposition as Premier.
Every Governor is aware that unless the public
is convinced that an exercise of reserve power was amply justified,
the Governor will face severe criticism and loss of reputation from
both the contemporary community and the verdict of history.
It is a basic principle that a Governor should
never exercise the reserve power without giving the Premier adequate
warning that it may be exercised. This gives the Premier an opportunity
to take steps which avoid the need for it to be exercised.
Head of State
The Queen is head of the State of Victoria but
the Governor ordinarily exercises the powers and functions of head of
state.
When an apolitical head of the Victorian community
should speak for the community, the Governor does so. The Governor gives
the Anzac Day address from the forecourt of the Shrine of Remembrance
and the Australia Day address from the steps of Parliament House.
When the head or a leader of another country or
its state or province comes to Victoria they are usually invited by
the Governor and Governor's spouse to dine at Government House. Sometimes
they stay there. Usually on the first official visit to Victoria an
Ambassador from overseas is entertained to lunch. At the lunch the Governor
and spouse are supported by Victorian guests who join in extending a
welcome to the Ambassador and spouse and goodwill to their country.
In extending friendship to overseas representatives
and their countries it is an advantage for Victoria to have both a head
of the Government and one who acts as head of state. The time which
the Governor and Governor's spouse can spend building this friendship
is much greater than the Premier, with all the responsibilities of government,
could spend.
At the request of the Premier, Governors visit
overseas countries to represent Victoria in an apolitical way and build
friendship and good relations.
Administration
The exercise of the powers and functions of Governor
is supported by the Office of the Governor which is an Administrative
office created in relation to the Department of the Premier and Cabinet
by the Public Sector Management Act and Employment Act 1998. The
Official Secretary of the Office of the Governor acts as its Department
Head managing the Office and its administrative and service staff of
about thirty. The Office is financed by parliamentary appropriation
and is audited and operates like a Government Department.
Under the Act the Official Secretary has a responsibility
to the Premier but it is universally recognised that the predominant
responsibility is to the Governor as head of the executive. The relationship
between Governor and Official Secretary is similar to that between a
Minister and Department Head.
During the period of the office the Governor resides
in Government House, a priceless asset of outstanding grace and utility.
Recognising that it belongs to the community, the public are invited
through it on the annual Open Day and usually over 20,000 do so.
University Visitor
The Governor is Visitor to all Victorian Universities. The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
Community
Interaction with the community involves both the
Governor and Governor's spouse. They are seen as a symbol of unity and
seek to emphasise that the things that bind the community are deeper
and stronger than the things that divide. As apolitical leaders they
aim to represent and have empathy with the whole community and endeavour
to encourage attitudes of community cohesion, mutual respect and confidence.
This is important in a democracy where Government and Opposition are,
properly, in continual public competition for the support of the electorate.
The underlying aim of almost all they do is the
encouragement of the attitudes and conduct which make for a good democracy
and good community. This underlies what they say in their speeches,
the places and organisations they visit, the patronages they give, the
awards and honours they present, the functions held at Government House
and the invitations to them which are issued. The intention is to convey
on behalf of the community recognition and gratitude to those who deserve
it.
They encourage the attitudes and conduct which
lead to a high level of achievement in voluntary service, industry,
education, the arts, sport, bravery, caring for others and numerous
other areas which serve the community.
They visit those who are disadvantaged so as to
have an understanding of their position, indicate an interest and express
community respect for them.
To do these things the Governor and Governor's
spouse seek to learn a lot about the community and what occurs within
it. The travel extensively in Victoria, visiting as many places and
organisations and meeting as many people as practicable. Leaders of
community organisations call at Government House and provide information
of their activities.
A democracy is strong only if its citizens have
confidence in their democratic system. They are unlikely to have that
confidence if they lack knowledge and understanding of the system.
Lieutenant-Governor
The Lieutenant-Governor is appointed by the Governor
on the advice of the Premier of Victoria. Appointment as Lieutenant-Governor
of itself confers no powers of functions. If there is no Governor or
if the Governor is unavailable to act for a substantial period, the
Lieutenant-Governor assumes office as Administrator and exercises all
the powers and functions of a Governor. If expecting to be unavailable
for a short period only, the Governor with the consent of the Premier,
usually commissions the Lieutenant-Governor to act as Deputy for the
Governor, performing some or all of the powers and functions of the
Governor.
Governors of Victoria
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Charles La Trobe, Esq.,
(Superintendent and Lieutenant Governor)
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|
3rd. October 1839 to 5th May,
1854 |
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Captain Sir Charles Hotham, R.N., K.C.B.
|
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22nd May 1855 to 31st December
1855 |
|
Sir Henry Barkly, K.C.B.
|
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26th December 1856 to 10th September
1863 |
|
Sir Charles Henry Darling, K.C.B.
|
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11th September 1863 to 7th May
1866 |
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The Hon. Sir John Henry Thomas Manners-Sutton,
K.C.B. (Subsequently,the Right Honourable
Viscount Canterbury), K.C.B.,)
|
|
15th August 1866 to 2nd March
1873 |
|
Sir George Ferguson Bowen, G.C.M.G.
|
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30th July 1873 to 22nd February
1879 |
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The Most Hon. George Augustus Constantine
Phipps, Marquess of Normanby, P.C., G.C.M.G.
|
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29th April 1879 to 18th April
1884 |
|
Sir Henry Brougham Loch, G.C.M.G., K.C.B.
|
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15th July 1884 to 15th November
1889 |
|
The Right Hon. John Adrian Louis Hope, the
Earl of Hopetoun, G.C.M.G.
|
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28th November 1889 to 12th July
1895 |
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The Right Hon. The Lord Brassey, K.C.B.
|
|
25th October 1895 to 31st March
1900 |
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Sir George Sydenham Clarke, K.C.M.G., F.R.S.
|
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10th December 1901 to 24th November
1903 |
|
Major-General The Hon. Sir Reginald Arthur
James Talbot, K.C.B.
|
|
25th April 1904 to 6th July 1908 |
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Sir Thomas David Gibson Carmichael, Bt. K.C.M.G.
|
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27th July 1908 to 19th May 1911 |
|
Sir John Michael Fleetwood Fuller, Bt. K.C.M.G.
|
|
24th May 1911 to 24th November
1913 |
|
The Hon. Sir Arthur Lyulph Stanley, K.C.M.G.
|
|
23rd February 1914 to 30th January
1920 |
|
Col. The Right Hon. George Edward John Mowbray,
Earl of Stradbroke, K.C.M.G., C.B., C.V.O., C.B.E. Aide-de-Camp
to His Majesty the King
|
|
24th February 1921 to 7th April
1926 |
|
Lt. Col. The Right Hon. Arthur Herbert Tennyson,
the Lord Somers, K.C.M.G., D.S.O., M.C.
|
|
28th June 1926 to 23rd June 1931 |
|
Capt. The Right Hon. William Charles Arcedeckne,
the Lord Huntingfield, K.C.M.G.
|
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14th May 1934 to 4th April 1939 |
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Major-General Sir Winston Joseph Dugan, G.C.M.G.,
C.B., D.S.O.
|
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17th July 1939 to 20th February
1949 |
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General Sir Reginald Alexander DallasBrooks,
K.C.B., C.M.G., D.S.O.
|
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18th October 1949 to 7th May 1963 |
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Major General Sir Rohan Delacombe, K.C.M.G.,
K.C.V.O., K.B.E., C.B., D.S.O.
|
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8th May 1963 to 31st May 1974 |
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The Hon. Sir Henry Winneke, A.C., K.C.M.G.,
K.C.V.O., O.B.E.
|
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3rd June 1974 to 28th February
1982 |
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Rear-Admiral Sir Brian Murray, K.C.M.G., A.O.
|
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1st March 1982 to 3rd October
1985 |
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Dr. J. Davis McCaughey, A.C.
|
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18th February 1986 to 22nd April,
1992 |
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The Honourable Richard E. McGarvie, A.C.,
Q.C.
|
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23rd April, 1992 to 23rd April,
1997 |
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The Honourable Sir James A. Gobbo, A.C., C.V.O.
|
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24th April, 1997 to 31st December,
2000 |
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John Landy, A.C., M.B.E.
|
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1st January, 2001 to 7 April, 2006 |
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Professor David de Kretser, A.C.
|
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7th April, 2006 to 7th of April 2011 |
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The Honourable Alex Chernov AC QC
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8th April 2011 to |
 |
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