Chapter Fourteen: Accountability of the Governor General Flashcards
Outline the process for appointing the Governor General and explain how this ensures accountability
The process for appointing the Governor General is outlined in section two of the constitution. This states that the Queen selects the Governor General to act as her representative and to fulfil the necessary role as the head of state of Australia. In reality, the Prime Minster chooses someone that they think will be fit for the role, usually someone who reflects the values of that government such as the appointment of Peter Cosgrove by Tony Abbott whose long military service reflected the conservative ideals of the then Abbott government. This in a sense promotes accountability, for the Prime Minister selects the Governor General and the Governor General must meet the expectations of the Prime Minister. The Queen receives the Prime Minister’s recommendation and by convention goes by it and appoints the candidate, but the Queen technically has the right to reject the candidate and even choose someone of their own. King George V nearly rejected the candidate for the Governor General put forward to him in 1930, Sir Isaac Isaacs, due to his Australian citizenship.
What is the tenure of the Governor General?
The traditional tenure for a Governor General is five years, however in theory the Governor General holds the office at the pleasure of the Queen and can be removed from office at any time.
How is the remuneration of the Governor General set to create political neutrality?
The Governor General’s salary can only be altered when a new one is appointed, they cannot be altered during office. This ensures that the salary of the Governor General cannot be lowered or raised at any point by the government in order for that government to seek to gain a political advantage.
What are the ways a Governor General can be removed from office and, in practice, which way is most successful?
The Governor General can be removed from office by the Queen, although by convention the Queen follows the advice of the Prime Minister in this matter so technically the Prime Minister can remove the Governor General. This creates a paradox however because the Governor General through the power of the federal executive council has the power to remove the Prime Minister. In practice, Governor Generals resign rather than get removed, historically the only Governor Generals that did not complete a full term resigned. The resignation of the Governor General is caused by public pressure, for instance Sir John Kerr and Peter Hollingsworth both were unfavourable with the public and eventually resigned due to public pressure rather than any formal means of removal.
What is the justification that Sir John Kerr used in 1975 to dismiss the Whitlam Government?
The argument by Kerr was that he was upholding his constitutional role as the Governor General by ensuring that the constitution was followed. Using section 64 of the constitution, the right to dismiss a member of the federal executive council, Kerr dismissed Whitlam and cited several reasons for doing so.
• Kerr was of the opinion that Whitlam should call a double dissolution election to alleviate the problem of passing supply, but Whitlam refused to do this on several occasions.
• He said that the Senate had the constitutional right as a federal body to refuse supply, and should a Prime Minster refuse to call a double dissolution election to make peace between the two houses they are violating the principles of responsible government by not being able to pass supply. Whitlam proposed a half senate election, but in Kerr’s opinion this would not be enough to rectify the situation.
• Kerr also sort to get advice from the chief justice at the time, Sir Garfield Barkwick. Kerr asked Whitlam originally if he could consult the chief justice, but he did it anyway when Whitlam refused to let him do this. The chief justice said that there was a comparison that could be drawn between a UK Prime Minster who has lost the support of the lower house and therefore the Parliament and an Australian Prime Minister who had lost the support of the upper house and therefore the Parliament. Kerr thus used this advice to back up his actions to the public.
List the reasons put forward by the Whitlam Government against its dismissal
The response by the Whitlam government criticised the decision made by Kerr, and focused on the idea that the Governor General had violate the conventions of responsible government.
• Whitlam stated that the Governor General should always act on the advice of the Prime Minister, having no right to do otherwise since the position is unelected and can in no way be representative of what the people want.
• He also said that the precedence which the situation created was dangerous, because it made any Prime Minister in the House of Representatives open to a dismissal by the Governor General.
The Queen as also contacted on the matter by the Speaker of the House, Gordon Shoals, but the Queens office refused to act stating that any action by them would be extremey controversial and out of convention, it was an Australian matter.
How was John Kerr ultimately held accountable for his actions in 1975?
Kerr was ultimately held to account by public opinion, immediately Kerr attracted negative attention which continued after the election right through to his resignation in 1977. He continually faced angry crowds at any public event, and the Queens office at one point even applied pressure for his resignation. The negative public pressure ultimately forced his resignation, thus public pressure in this instant acted as an accountability mechanism for Kerr’s actions in 1975.
Discuss the case of Peter Hollingsworth
Peter Hollingsworth was chosen as Governor General in 2001, after having previously held the title of Archbishop of Brisbane for the Anglican Church. In 2003, allegations came out that Hollingsworth has covered up evidence of child sex abuse in the Anglican Church during his previous role as Archbishop. John Howard defended Hollingsworth, but the public pressure for him to resign mounted and his problems continued to grow worse. He appeared on the ABC program ‘Australian story’ and appeared to blame the 14 year old victim of sexual abuse for what happened to them. He was forced to step down from his position in certain charities which had to do with children, and further allegations arose that Hollingsworth had attempted to rape someone in the 1960s. Despite this, Howard still supported Hollingsworth, but his cabinet did not and due to mounting pressure Howard was forced to have a meeting with Hollingsworth and instruct him to resign, which eventually occurred in May 2003. It was thus public pressure that forced the resignation of Hollingsworth, and public pressure in this case again acted as an accountability mechanism for the Governor General.
What is the role of the Official Secretary to the Governor General?
The role of the Official Secretary is to provide the Governor General with the support that they need in carrying out their constitutional, ceremonial and un-ceremonial duties. The Office of the Official Secretary to the Governor General thus must retain the same accountability standards as the Governor General, and this is achieved through a yearly report released by the Official Secretary each year. For example, the annual report for 2014/2015 showed that a number of freedom of information requests were made to the office, and the total amount of money spent amounted to $17660000
