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Ligma > CH13 > Flashcards

CH13 Flashcards

1
Q

3 Ways for accountability of GG

A

Through Appointment
Through Tenure and Removal
Through the people

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2
Q

Explain the Appointment Process of GG

A

By the queen at her pleasure under s2 of the consitution

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3
Q

Power of the GG in reference to the queen

A

Vested with powers and functions of the queen as she may be pleased to assign them

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4
Q

How does formal appointment uphold accountability

A

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

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5
Q

Outline the appointment process of early federation

A

Were made by king or queen on the reccomendation by the colonial office

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6
Q

Results of the early appointment process

A

Appointment of GG’s born in the UK who were ill-suited to the position

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7
Q

Post 1930’s appointment process

A

Has been made by the PM in consultation with cabintet, who then recommend the decision to the Queen

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8
Q

Queens power of appointment

A

The monarch may decline the advice and ask for a new a candidate or even appoint a person of their choosing

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9
Q

eg of monarch power of appointment

A

Appointment of Sir isaacs by pm james scullin was publicly dissaproved by KIng George

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10
Q

What does the power of Pm appointment give the PM

A

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

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11
Q

eg of pm appointment power

A

Appointment of Peter Cosgrove who tony abbot commented on his military service reflecting the conservative value of the liberal party

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12
Q

Oath appointment accountability mechanism

A

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

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13
Q

Tenure of GG

A

Is at the pleasure of the queen though a typical commission lasts for 5 years

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14
Q

Salary of GG

A

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

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15
Q

Explain the removal process of the GG in general

A

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

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16
Q

Section 4 of the constituion

A

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

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17
Q

Dormant commission

A

Is a position that only comes into action within the commonwealth when triggeed by a certain event

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18
Q

Have removal and s2 appointments really been an effective way of accountability

A

There has never been a gg dismissed while in office and only three have resigned whilst in office

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19
Q

1st argument for dismissing whitlam (s64)

A

Under s64 the GG has the power to appoint and remove ministers of Exco

20
Q

Why did Kerr use his S64 power

A

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

21
Q

What was Kerr’s belief in terms of supply and the Senate

A

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

22
Q

What was whitlams proposal to not being able to pass supply

A

Proposed a half-senate election which kerr rejected as it would not gurantee a deadlock being resolved

23
Q

2nd argument of Kerr for dismising whitlam

A

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

24
Q

Argument of whitlam against kerr

A

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

25
Q

Who best summarised the reaction of the dismissal of the people

A

Speaker of the HOR Gordon Scholes

26
Q

What did Scholes do

A

Wrote a letter to Her majesty expressing his conern of the use of reserve powers and requested the reinstatement of the PM

27
Q

Scholes and the peoples reserve powers argument

A

Reserve powers were used to dismiss whitlam which are no where specifically written in the constituion

28
Q

Scholes and the peoples endorsement argument

A

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

29
Q

Court of public opinion holding kerr accountable (3)

A

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

30
Q

What happened post the melbourne cup

A

it was clear he could he hold office and resigned three years into service

31
Q

Who was peter hollingsworth

A

GG commissioned under reccomendation from howard in 01 and previously held the position of archbishop of brisbane

32
Q

2003 hollingsworth allegations

A

Arose that whilst in his archbishop role he had covered up allegations of child sexual abuse with the anglican church

33
Q

Response of hollingworth

A

Denied these allegations furiously and retained support from howard

34
Q

Public campaign against hollingsworth

A

Led by Hetty Johnston who put massive amounts of pressure on all his actions

35
Q

2 reasons for the fall of hollingworth

A

A qld parliament investigation into child sex abuse in the church and rape allegations of hollingsworth from the 60’s

36
Q

Hollingsworth resignation

A

Despite having the backing of howard and other cabinet members they suggested he should reconsider his position

37
Q

What happened on may 11 2003

A

Hollingsworth stepped aside as GG while allegations of rape were investigated

38
Q

what happened may 25 2003

A

Hollingsoworth formally resigned in response from public allegations

39
Q

Describe the position of official secratary to the gg

A

Established in 1901 and since 1974 the office of the secratary has been a statutory office

40
Q

Appointment of secretary

A

Appointed by the GG in council

41
Q

Describe the role of the secretary/ office of gg

A

Provide the gg with the support needed in order to enable them to carry out consititutional, non and cerimonail duties

42
Q

1st way of Accountability of the office of the sec

A

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

43
Q

2nd way of acc of the office of the sec

A

Through Kline v official sec to the gg which challanged the transparanc of decision making

44
Q

Basic facts of the case

A
  • 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
45
Q

Process of appeals of Kline

A

Appealed to Aus info commissioner, Administrative appeals tribunal, federal court and high court

46
Q

HC decision

A

denied access on the basis that documents relating to the substantive powers of the GG were not subject to the FOI act

Ligma (19 decks)

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