T6.3 Reserve powers of the Governor General

Question 1

Generally - s 2 Const

Answer 1

GG appointed by Queen on advice of the PM

Question 2

3 features of appointing GG

Answer 2

1) no criteria for appointment
2) term decided by the Queen on PM’s advice usually 5 years
3) salary decided by parliament at the beginning of each term of office and can’t be changed during that term - s 3 Const

Question 3

3 types of powers the GG has

Answer 3

1) constitutional
2) legislative
3) reserve

Question 4

GG’s powers are exercised

Answer 4

‘in council’ on advice of Ministers - s 62,63 Const.

Question 5

can reserve powers be exercised without the advice of a minister?

Answer 5

YES, theoretically, but subject to conventions

Question 6

The GG has what sort of powers?

Answer 6

limited powers to act without ministerial advice to safeguard responsible government or other fundamental constitutional principles

Question 7

4 settled reserve powers

Answer 7

1. Commission a new PM.
2. Refuse request to dissolve parliament by a PM who has lost the confidence of the House where another MP has confidence of the House.
3. Dismiss a PM and gov (but only upon certain conditions being satisfied)

Question 8

Settled reserve powers - 1. appointing new PM

Answer 8

s 64 Const.
Guiding convention that PM leader of the party/coalition that can command support of the majority of the House of Reps on matters of confidence and supply

Question 9

Settled reserve powers - 2. Dissolution of Parliament

Answer 9

s 5 Constitution
can refuse a request to dissolve the House by a PM who has lost the confidence of the House where there’s another parliamentarian who has the confidence of the House

Question 10

Settled reserve powers - 3. Dismiss PM and gov

Answer 10

s 64 Constitution

Question 11

2 key grounds for dismissing PM and gov

Answer 11

1) has PM/premier/gov persisted in illegal activity

2) vote of no confidence in the PM in the lower house

Question 12

2 key grounds for dismissing PM and gov - 1st ground - illegal activity

Answer 12

1) breaching fundamental constitutional provision, 2
2) ignoring GG’s calls to cease, conduct
3) conduct isn’t one that can be brought from courts to be resolved - see Lang at state level)

Question 13

2 key grounds for dismissing PM and gov - 2nd ground - vote of no confidence in the PM in the lower house

Answer 13

1. If PM appears to have lost confidence but refuses to recall Parliament within a reasonable time and seeks to govern without its support he may also face dismissal

Question 14

Why is requirement to dismiss PM who refuses to recall Parliament within a reasonable time consistent with principle of responsible gov?

Answer 14

because GG must be advised by responsible ministers (not those who have ceased to be responsible to the House

Question 15

what are 2 controversial/undecided dismissal of a PM?

Answer 15

1) where PM retains confidence of the House but is acting illegally or engaging in unconstitutional conduct - see Lang at state level
2) Where PM retains confidence of the House but cannot guarantee supply - Whitlam dismissal

Question 16

What criteria does the republic advisory committee recommend in terms of dismissing a PM for illegal/unconstitutional conduct?

Answer 16

1) it’s clear the PM has persisted in breaching a fundamental constitutional provision
2) the PM has ignored calls from the GG to desist (ie, the GG has accorded procedural fairness to the PM before dismissing them)
3) the issue is not justiciable