The Governor-General
Who, What and Why
H. A. G. Longstaff
THE ANNOUNCEMENT on 3 April 2024 that Ms Sam Mostyn AO will be Australia’s new Governor-General from 1 July 2024 begs the questions: what is the office, what does it do, and who gets selected?
Role overview
The Governor-General is Australia’s effective Head of State. The role has three key elements:
1. Constitutional
2. Ceremonial
3. Civic
Constitutional role
Australia operates as a constitutional monarchy, with King Charles III serving as both the King of Australia and the United Kingdom. Additionally, he holds the title of King in approximately 16 other Commonwealth nations, including Canada, New Zealand, Jamaica, and Tuvalu. This means the King is Australia’s Head of State but does not have absolute power; he must follow the Constitution. The King delegates his powers to the Governor-General. Until 1986 and the Passage of The Australia Act in both the UK and Australian Parliaments, Australia still had formal ties to the UK (for example, certain legal cases could be appealed to the UK’s Privy Council,) but now there is no doubt that Australia is a sovereign, independent and federal nation.
The Constitution gives the Governor-General various powers, including giving Royal Assent to a bill (proposed law), starting the process for a federal election, and setting times for the meeting of Parliament, and being Commander-in-Chief of the Australian Defence Force.
The Governor-General also has reserve powers not included in the Constitution. They come from the authority of the King, whom the Governor-General represents. The only guide to these powers is convention – tradition. The use of reserve powers by governors-general is rare and has only been used a handful of times, most notably when, in 1975, Sir John Kerr sacked Prime Minister Gough Whitlam and called a double dissolution election where Whitlam was soundly defeated. The controversy created was significant, so the exact nature and scope of these reserve powers remains open to vigorous debate.
Ceremonial role
The Governor-General’s role has a significant ceremonial role, including Anzac Day Parades, opening Parliament, meeting Ambassadors, and bestowing Australian honours.
Civic role
As an apolitical unifying figure, the Governor-General plays a role in engaging with the community. He/she is patron of a large range of organisations, will attend places of natural disaster, and attend a wide range of functions.
The people
So who gets to be Governor-General? Historically, this is not a political office. All Governors-General are appointed by the Sovereign on the recommendation of Australia’s Prime Minister. The Governors-General until 1965 were largely British born, often Lords, but there have been only Australian occupants since then. Australian appointees have been predominantly judges and senior Defence Force Officers. Of the eleven Australians appointed governor-general since 1965, only three (Lord Casey, Sir Paul Hasluck and Bill Hayden) were former federal parliamentarians.
Above: Lord Hopetoun – Australia’s First Governor-General
Sam Mostyn is unusual. Only Australia’s second female Governor-General, she is the first to have a business background. Proudly progressive and a republican she has been criticised by some as too political and activist for a role that must be above politics.
What about the republic?
Image from Knight Cartoons
Many think that even the modest links to the UK and Charles III as King of Australia are too much, and that Australia should be a republic. This was the subject of a referendum in 1999 with every state voting against it. One of the primary challenges is that republicans cannot agree on their model … a directly elected President, or an appointed President on a similar basis to the current Governor-General. Despite a republic being an official Labor policy, after the comprehensive defeat of Labor’s ‘Voice’ referendum, it is doubtful that Labor will invest further political capital in constitutional reform for the foreseeable future.