Australia will get a new governor-general next year, and the political debate has already begun over who it should be — and who should make the appointment. Crikey offers clarification …
Who appoints the governor-general?
The appointment is made by the Queen on the advice of the prime minister — which in practice means the appointment is up to the PM of the day. Unlike most appointments, there is no settled process other than this: it is entirely up to the prime minister who is appointed and for how long.
How long is the term?
Terms are usually for five years — but there is no rule about this. The term of current Governor-General Quentin Bryce would have expired in September 2013, and has been extended to March 2014 to avoid the election period. While there is no bar to reappointment, by convention the governor-general only has the one term.
Why does it matter?
Australia is a constitutional monarchy. The Queen of Australia (who also happens to be Queen of England) is not directly involved but has a representative on the ground. Part I, section 2 of the Australian constitution provides that a “Governor‑General appointed by the Queen shall be Her Majesty’s representative in the Commonwealth”. The governor-general has a range of powers that are mostly set out in the constitution but also include implied powers arising from dim, distant relics of the English monarchy. In England, where there is no constitution, such powers are possibly extensive but in practice not used. Here the extent of reserve powers is more limited. In any case, following the controversy over Sir John Kerr’s dismissal of Gough Whitlam’s government in 1975 — an event that still rouses passions today — it is unlikely any governor-general would do anything other than follow the advice of the government of the day.
Nevertheless, many people see the governor-general’s position as important symbolically, representing the values of the country. The Coalition regards the role even more highly than Labor, because the latter still has bitter memories of the dismissal and probably has more republicans in its ranks (Liberal MP Malcolm Turnbull notwithstanding).
Who is likely to be appointed?
Speculation abounds. Opposition Leader Tony Abbott quickly squashed a rumour that he wanted to appoint former prime minister John Howard to the job. The lead-up to last week’s Anzac Day brought speculation about former chiefs of Defence Peter Cosgrove and Angus Houston. There would be logic in having someone with military ties in the role in the Anzac centenary year. While both would be “safe” and conservative appointments, Cosgrove is seen as more aligned with the Coalition and Houston has recently completed the high-profile report on asylum seekers for the current government. Major-General Michael Jeffrey was the governor-general from 2003 to 2008. This is, however, no bar to another military figure being appointed; in the past there have been successive appointments of people from similar backgrounds.
Governors-general in the recent past have mostly been former lawyers, military people or politicians. In the early days of Australia they were lesser nobility from the mother country — the list abounds with viscounts, barons and dukes (some of whom were also ex-politicians). Sir Isaac Isaacs, distinguished High Court judge, was the first Australian-born governor-general in 1931.
In recent years former politicians from both sides of politics including Bill Hayden and Paul Hasluck have held the post, as have a number of senior legal figures (sirs Zelman Cowen, William Deane, Ninian Stephen). Lawyers in the position include the present incumbent. After the unfortunate experience with archbishop Peter Hollingworth, who stepped down from the position due to controversy, no government is likely to appoint a senior cleric to the post. Being a past state governor can be a help, but at present the speculation does not appear to include names from among their ranks.
This is in some ways the most establishment of establishment positions — anyone appointed has to avoid the “divisive” tag. In practice, this does not mean inclusive of minority interests — radicals and stirrers need not apply. At one time there was a move to appoint Nobel prize-winning author Patrick White — it never got off the ground.
The appointment will be someone acceptable to the influential clubs and old-school networks around the country, senior politicians and public servants, and constitutional lawyers alike.
The comment in this article on 1975, that “it is unlikely any Governor-General would do anything other than follow the advice of the Government of the day” destroys the author’s claim to be any sort of ‘governance expert’ – though in deference to him, that might be Crikey’s claim rather than his.
A 1975 style crisis will recur at some stage, because the monarchy makes the Constitution unstable. Examples of what could happen after the 2013 election are at http://www.advancingdemocracy.info/cmspage.php?pgid=58&pid=7.
It is the height of ignorance to see Crown positions and powers as only symbolically relevant. Every Crown power is a limit on democracy. For example, if we elect representatives, and they choose a Government, why allow the Governor-General any choice in the matter, as he undoubtedly has under ss.62 and 64 of the Constitution? The Crown represents a rival source of power and legitimacy which has in the past undermined democracy and will be so used in the future.
The solution is to abolish not just the Crown itself, but all Crown powers and positions – including the substitute monarch or president suggested by the 1999 proposal. This is proposed by the Advancing Democracy model.
The Hon. Justice Michael Kirby would be a splendid choice for the post of Governor-General of Australia. A man of peace, of justice and equality. He is articulate, presentable and of unblemished record.
Military persons being appointed to the highest position in the land gives the wrong impression. We are a friendly rather than an aggressive people even though a recent Prime Minister sent our troops to war against the advbice of the UN and weapons inspectors.