CH13 Flashcards
3 Ways for accountability of GG
Through Appointment
Through Tenure and Removal
Through the people
Explain the Appointment Process of GG
By the queen at her pleasure under s2 of the consitution
Power of the GG in reference to the queen
Vested with powers and functions of the queen as she may be pleased to assign them
How does formal appointment uphold accountability
The implication of section 2 is that the appointment of a GG and the assignation of their powers by the queen is the formal accountability mechanism
Outline the appointment process of early federation
Were made by king or queen on the reccomendation by the colonial office
Results of the early appointment process
Appointment of GG’s born in the UK who were ill-suited to the position
Post 1930’s appointment process
Has been made by the PM in consultation with cabintet, who then recommend the decision to the Queen
Queens power of appointment
The monarch may decline the advice and ask for a new a candidate or even appoint a person of their choosing
eg of monarch power of appointment
Appointment of Sir isaacs by pm james scullin was publicly dissaproved by KIng George
What does the power of Pm appointment give the PM
The power to appoint people to the position who uphold the values that the government of the day would like to see reflected in the Office of GG
eg of pm appointment power
Appointment of Peter Cosgrove who tony abbot commented on his military service reflecting the conservative value of the liberal party
Oath appointment accountability mechanism
Must take an oath of office which they swear to serve Australias monarch which is witnessed by PM reinforcing the importance of the GG being accountable for their actions
Tenure of GG
Is at the pleasure of the queen though a typical commission lasts for 5 years
Salary of GG
Peter cosgrove earnt 425 000 a year which was fixed throughout his term in office in order prevent the executive manipulating salary to acheive desired outcomes
Explain the removal process of the GG in general
The queen may choose to dismiss a gg before their term is complete on advice from the pm, but due to the level of respect for the position they are usually given the oppurtunity to resign
Section 4 of the constituion
Enables the queen to appoint an administrator to carry out the role of the gg in the event of the vacancy. By convention this vacancy is filled by the longest serving state governor who holds a dormant commission
Dormant commission
Is a position that only comes into action within the commonwealth when triggeed by a certain event
Have removal and s2 appointments really been an effective way of accountability
There has never been a gg dismissed while in office and only three have resigned whilst in office
1st argument for dismissing whitlam (s64)
Under s64 the GG has the power to appoint and remove ministers of Exco
Why did Kerr use his S64 power
Kerr stated his frustration at the fact whitlam refused to call a DD election or resign in spite of the Senates refusal to pass supply
What was Kerr’s belief in terms of supply and the Senate
An essential requirement of of responsible government was to be able to guarantee supply and if they cant do so they must resign or call an election
What was whitlams proposal to not being able to pass supply
Proposed a half-senate election which kerr rejected as it would not gurantee a deadlock being resolved
2nd argument of Kerr for dismising whitlam
Consulation on the decision with chief justice barwick on the matter which did however violate convention as the GG is supposed to recieve advice from EXCO under s63
Argument of whitlam against kerr
Kerr had acted outside the conventions of responsible government under which the GG should only act on the advice of the government of the day
Who best summarised the reaction of the dismissal of the people
Speaker of the HOR Gordon Scholes
What did Scholes do
Wrote a letter to Her majesty expressing his conern of the use of reserve powers and requested the reinstatement of the PM
Scholes and the peoples reserve powers argument
Reserve powers were used to dismiss whitlam which are no where specifically written in the constituion
Scholes and the peoples endorsement argument
Kerr had delayed imformin the house of frasers commission until after passage of supply which put the office of pm in power through royal preorgative not parliamentary endorsement
Court of public opinion holding kerr accountable (3)
Personal attacks on Kerr and his wife,
politicians not accepting legitimacy of kerr in his position
At the melbourne cup he was hissed and booed at
What happened post the melbourne cup
it was clear he could he hold office and resigned three years into service
Who was peter hollingsworth
GG commissioned under reccomendation from howard in 01 and previously held the position of archbishop of brisbane
2003 hollingsworth allegations
Arose that whilst in his archbishop role he had covered up allegations of child sexual abuse with the anglican church
Response of hollingworth
Denied these allegations furiously and retained support from howard
Public campaign against hollingsworth
Led by Hetty Johnston who put massive amounts of pressure on all his actions
2 reasons for the fall of hollingworth
A qld parliament investigation into child sex abuse in the church and rape allegations of hollingsworth from the 60’s
Hollingsworth resignation
Despite having the backing of howard and other cabinet members they suggested he should reconsider his position
What happened on may 11 2003
Hollingsworth stepped aside as GG while allegations of rape were investigated
what happened may 25 2003
Hollingsoworth formally resigned in response from public allegations
Describe the position of official secratary to the gg
Established in 1901 and since 1974 the office of the secratary has been a statutory office
Appointment of secretary
Appointed by the GG in council
Describe the role of the secretary/ office of gg
Provide the gg with the support needed in order to enable them to carry out consititutional, non and cerimonail duties
1st way of Accountability of the office of the sec
Through the production of an annual report ot the official secretary tabled in the both houses including info on the programmes and budgeting of the office
2nd way of acc of the office of the sec
Through Kline v official sec to the gg which challanged the transparanc of decision making
Basic facts of the case
- reques by kine to documents held by the office under the freedom of info act 1982 which required requested documents to be of admin nature
- Official secretary denied access on the basis they werent of this nature
Process of appeals of Kline
Appealed to Aus info commissioner, Administrative appeals tribunal, federal court and high court
HC decision
denied access on the basis that documents relating to the substantive powers of the GG were not subject to the FOI act
