Governor general and 1975 crisis Flashcards
How is the Governor General appointed
Office of GG was established by the constitution in 1901, Under s2 appointed by the king/monarch (on advice of the prime minister- Westminster convention)- serve at the monarchs pleasure (no term specified but generally around 5 years), not accountable to the people, Take an oath of allegiance, oath of office to the queen and issue a proclamation of assuming office
Express powers
Powers of GG that are written into the constitution (expressly stated), Such as appointing judges (s72), issuing writs (s32), Can also be reserve powers
Reserve powers
Powers set out in the constitution and exercisable without advice in emergencies, Such as power to dissolve HOR (s28), appointment and dismissals of ministers (s64)- best example, used in 1975
What did Whitlam do good
Made medicare, made university free for everyone (no longer exists)
What happened in 1972
Whitlam government elected on 5th December as the first labor government for 23 years, elected at a time of growing disillusionment with the Vietnam War and improvement for Australia’s economic outlook
What happened in 1974 May
government budget was criticised as it didn’t reflect the economic time, opposition threatened to block the appropriation bills in the senate resulting in a double dissolution trigger, Whitlam government returned but with a majority of 5 instead of 7, in the senate both parties secured 29 seats meaning the balance of power was held by two independents, had a joint sitting to pass the Medicare bill and provide NT and ACT with representation in the senate
What happened mid-1974
Australia was in an economic slump (inflation topped 13% for over a year), government budget saw a large increase in spending and didn’t successfully deal with inflation and unemployment and introduced tax cuts and additional spending to help the private sector
What happened in 1975 mid-October
15th- newspapers were calling for the gov to resign, Fraser announces the senate will delay the two money bills until Whitlam calls an election, 16th- senate blocks money bills whilst the HOR passes a motion of confidence in the gov
What happened 1975 mid-Oct to Nov 8th
Parliament debates constitutional crisis whilst the House reaffirms confidence in government (means an election shouldn’t be called), public opinion polls show a swing to the government, GG speaks with Whitlam and Fraser- Whitlam wanted a half senate election but Kerr said no
What happened 1975 Nov 9th
nd Fraser- Whitlam wanted a half senate election but Kerr said no
1975 Nov 9th- GG met with the chief justice of the High Court (Sir Garfield Barwick-formal Liberal party Minister) who tendered advice to Kerr about his constitutional powers (could form a caretaker government)
1975 Nov 11th- Whitlam decides to go see Kerr, Kerr dismisses Whitlam and then 15 minutes later commissions Fraser as PM, 30 mins later the senate passes the supply bills, Fraser announces that he is PM, Whitlam moves a motion of no-confidence in Fraser, HOR passes motion of no confidence but doesn’t make much difference as the writs have already been issued and the speaker asks for an appointment with Kerr, GG secretary goes to parliament and reads the proclamation dissolving parliament and that the writs have been issued
Senate vacancy left by Murphy
Appointed by Whitlam to the high court Feb 1975, By convention senators appointed to state legislature to fill casual vacancies were from the same political party as the former senator (1977 referendum changed s15 to make this a legal requirement), NSW premier, Tom Lewis argued that the convention only applied to vacancies caused by deaths or ill-health and arranged for the legislature to elect Cleaver Bunton who was an independent
Senate vacancy left by Milliner
Queensland ALP senator Bertie Milliner died on 30th June 1975, Qld liberal premier Jon Bjelke-Petersen elected a low-level union official, Albert Field who made it clear in interviews he would not support Whitlam, Whitlam argued that the manner of filling vacancies meant the senate was “corrupted” and “tainted” with the opposition holding a majority that they didn’t win in the ballot box
Loans affair
Whitlam gov was accused of attempting to unconstitutionally borrow money from Middle Eastern countries through a Pakistani banker called Tirath Khemlani, Minerals and Energy minister (Rex Connor) and treasurer and deputy PM (DR Jim Cairns) were forced from the Whitlam cabinet as they misled parliament
Key issues from the 1975 crisis
Senate casual vacancies, responsible government, reserve powers
Key issue with senate casual vacancies
Prior to 1977 the constitution only stipulated that vacancies were filled by a decision of the state being represented, Convention (not legally binding so if followed there is no follow up) dictated that casual vacancies in the senate were filled by a person of the same political party but this was not followed in 1975, However no longer an issue as there was a 1977 referendum that put into the constitution that casual vacancies are filled by a person of the same political party
Key issue with responsible government
Westminster convention- Government if formed in the lower house of parliament and must at all times have their support, When Ker appointed Fraser he did not have the support of the GG demonstrating how the GG can use his power to override the convention by using constitutional power, Washminster mutation created a very powerful upper house, Senate doesn’t have the power to initiate or amend money bills but can reject/fail to pass them but by convention the senate generally refrains from blocking them but this wasn’t followed in 1975, Still an issue in today’s society- Senate blocking Abbot budget in 2014
Key issue with reserve powers
Highlighted issues with circular accountability (Pg 320)- Kerr sacked Gough before he could advise the Queen to sack Kerr (unclear whether the GG acted improperly in 1975 due to constitutional provisions and use of unwritten conventions), GG sought advice from the chief justice of the high court which undermines the separation of powers, Expert opinion states there are 4 areas where the GG may act without or against ministerial advice- Appoint the PM (s64), Dissolving House of Reps (s5), dissolve both houses of parliament (s57-not a good example), Dismiss the government (s64)
Constitutional roles of the Governor General
Legislative, executive
Legislative role of the Governor General
Written in chapter 1 of the constitution, Exercised on advice of ministers, Proclaiming parliament (s5), Dissolving HOR (s28), Issuing writs (s32), Double dissolution (s57), Assent to bills (s58)
Executive role of the Governor General
Written in chapter 2 of the constitution, Select and appoint federal executive council (s62), Act on advice from federal executive council (s63), Appoint and dismiss ministers of the state (s64), Appoint senior government officials (s67)
Other roles of the Governor General
ceremonial, non-ceremonial
Ceremonial roles of the Governor General
Receiving and entertaining Heads of State and Government to Australia (When Meghan and Harry visited, they stayed with the GG and his wife), Opening new sessions of commonwealth parliament, Officiating ceremonies for Australian honours (Order of Australia)
Non-ceremonial roles of the Governor General
‘Represents Australia itself’- going overseas for various reasons (international travel), Attending services and functions, Speaking at conferences, Presenting awards
Generally accepted reserve powers of GG
Power to appoint PM if election results in hung parliament, power to dismiss PM when the HOR has passed a motion of ‘no confidence, power to refuse to dissolve HOR contrary to ministerial advice (most frequently used)
Arguable reserve powers
Power to refuse double dissolution (has occurred), power to withhold royal assent, select a new PM if PM resigns, power to dismiss PM where the government cannot obtain supply and the PM refuses to resign or call an election
David Hurley
Signed administrative instruments to allow Morrison to administer five additional portfolios, GG acted legally but after initial appointments were not made public, Hurley could have warned Morrison against further appointments, Minister of health- March 2020, Minister for home affairs and treasury- May 2021 (Actual minister was unaware of appointment), brought to light once out of Government
