Governors of the Australian states

The governors of the Australian states are the representatives of Australia's monarch in each of Australia's six states. The governors are the nominal chief executives of the states, performing the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national or federal level. The state governors are not subject to the constitutional authority of the governor-general, but are directly responsible to the monarch. In practice, with notable exceptions the governors are generally required by convention to act on the advice of the state premiers or the other members of a state's cabinet.

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Constitution

Origins

The office of governor ("governor in chief" was an early title) is the oldest constitutional office in Australia. The title was first used with the Governor of New South Wales, and dates back to 1788 to the day on which the area (which is now the city of Sydney) became the first British settlement in Australia. Each of the subsequent five states in Australia was also founded as a British colony, and a governor was appointed by the British government to exercise executive authority over the colony. The first governors of the colonies, and their dates of appointment, are as follows:

Only in New South Wales and South Australia was the date of the appointment of the first governor the actual date of the colony's foundation. The settlement which became Queensland was founded in 1824, but was not separated from New South Wales until 1859. In Tasmania, Victoria and Western Australia executive authority was exercised by a Lieutenant-Governor for some years before the first Governor was appointed; Tasmania was founded in 1804, Western Australia in 1828 and Victoria in 1835.

New South Wales and Tasmania (which was known as Van Diemen's Land until 1855) were founded as penal colonies, and their governors (lieutenant-governors in Tasmania) exercised more or less absolute authority. Tasmania in particular was run as a virtual prison camp in its early years. The Governors were also commanders-in-chief, and the troops under their command were the real basis of their authority.

From the 1820s, however, the increasing number of free settlers in the colonies led to a process of constitutional reform which gradually reduced the powers of the governors. New South Wales was given its first legislative body, the New South Wales Legislative Council, in 1825. Victoria, South Australia and Western Australia, which were not founded as penal settlements, moved rapidly towards constitutional government after their establishment.

Federation

When the six colonies federated to form the Commonwealth of Australia in 1901, there were some suggestions that the position of state governor should be abolished or that its appointment be made by the Governor-General as was (and still is) done in Canada. However, the states insisted on retaining their separate links to the Crown, a concept that can be compared to the American system of separate sovereignty for state and federal governments. The states were concerned that Commonwealth-appointed governors might be used to do the federal government's bidding, up to and including use of a Governor's reserve powers to dismiss a recalcitrant state government. To ensure that state governments would be free from such extra-constitutional intervention or coercion, state governors continued to be appointed by the monarch on the advice of the Colonial Secretary in London, usually after an informal consultation with the state government.

The post of governor was again called into question during the Depression of the 1930s, when the cost of maintaining six vice-regal establishments (as well as a governor-general in Canberra) drew criticism from the labour movement and others. During this period some states (notably Western Australia) left the position unfilled as an economy measure for some years, and the vice-regal functions were filled by the state chief justices with the title of administrator. But no state attempted to abolish the post of governor, and this could not have been done at this time without the consent of the Crown (acting on the advice of the British government).

The political role of the governor became a matter of controversy in 1932 when the Governor of New South Wales, Sir Philip Game, used his reserve power to dismiss the premier, Jack Lang, on the grounds that Lang was acting illegally. All governors at this time were British, and most were from the upper classes and political conservatives, and Labor governments always suspected that they had an enemy in Government House. Most governors, however, tried to act impartially, and some were genuinely popular.

From the 1940s the states, particularly those with Labor governments, began to appoint Australians to the post of governor. The first Australian governors of each of the states, and their dates of appointment, were:

The first colonies were penal settlements and the early colonial governors were military officers who ruled under martial law. Once the governors' role moved from the executive to the ceremonial, most governors were drawn from the ranks of retired officers. Although a few members of the peerage served as governors (the most prominent being Earl Beauchamp in New South Wales), the Australian colonial capitals were small towns and considered not grand enough to attract senior members of the British aristocracy. Even when Australians replaced Britons as governors, most continued to be retired Army, Navy or Air Force officers until the 1970s. The last British-born governor of an Australian state was Rear Admiral Sir Richard Trowbridge, who was Governor of Western Australia from 1980 to 1983.

From the 1960s onward the governors were appointed by the Queen of the United Kingdom, technically acting on the advice of the British Foreign Secretary, but effectively acting on the advice of the state premiers. It was not until 1986, with the passage of the Australia Acts through the state, Australian and British parliaments, that governors became appointed by the Queen of Australia on the direct advice of the relevant premier.

The Australia Acts 1986

Although the Commonwealth of Australia legally became a sovereign nation when it adopted the Statute of Westminster in 1942, the states had been established separately from (and prior to) the Commonwealth and retained their separate subordination to the British Government.[2] The British Government retained the authority to intervene in the governments of the individual states under the Colonial Laws Validity Act 1865. As a result, the state governors continued to be formally appointed by the Queen on the advice of the British Foreign and Commonwealth Secretary, as had been the case prior to 1942. In practice, however, the premier of each state recommended a prospective governor to the foreign secretary, who almost always acted in accordance with that recommendation. However, in 1976 the Foreign Secretary refused to transmit to the Queen the advice of the Premier of Queensland, Sir Joh Bjelke-Petersen, to extend the term of Sir Colin Hannah as governor, on the grounds of the Governor's partisanship against the previous Commonwealth Government.

In 1978, the Parliament of New South Wales passed the Constitutional Powers (New South Wales) Act, requesting that the Commonwealth Parliament legislate to address the constitutional anomaly of the United Kingdom Government's role in the constitutional affairs of the state. Eventually, identical Australia Acts were passed by the Commonwealth Parliament and the Parliament of the United Kingdom in 1986, thus removing what remaining authority London had over affairs in Canberra. Under section 7 of these Acts, the Queen now receives advice on the appointment and termination of appointments of state governors from the relevant state premier.

Role of the governors

The role of state governor in modern times is broken down into constitutional, ceremonial and social responsibilities. Regarding constitutional practices, in most cases the governor observes the convention to act on the advice of the state's cabinet (and/or premier). Nevertheless, the state governors, like the governor-general, retain the full panoply of the reserve powers of the Crown. This has been shown on two recent occasions.

In 1987 the Governor of Queensland, Sir Walter Campbell, refused to accept the advice of the National Party premier, Joh Bjelke-Petersen, to dismiss five of his ministers and call fresh elections. Campbell believed that Bjelke-Petersen had lost the confidence of his own party and was behaving irrationally. He was also reluctant to call an election for a legislature that was barely a year old, and felt that the situation was a political rather than a constitutional matter. Bjelke-Petersen subsequently resigned.

In 1989 the Governor of Tasmania, Sir Phillip Bennett, refused to grant a fresh dissolution to the Liberal premier, Robin Gray, after Gray lost his majority in the recent election. Although no one party had a majority in the new House of Assembly, Bennett had already been assured that the Tasmanian Greens would support a minority Labor government under Michael Field. Bennett thus took the view that Gray no longer had enough support to govern and could not advise him to call a second election. Gray then resigned, and Bennett commissioned Field as premier.

In the event of a Governor-General's death, incapacity, removal, resignation or absence overseas, each of the state governors has a dormant commission to become the Administrator of the Commonwealth, that is, to take on the Governor-General's duties until he returns from overseas or a new appointment is made. The convention has been that the longest-serving state governor is appointed administrator. When Peter Hollingworth resigned in May 2003, Sir Guy Green, Governor of Tasmania, took on that role, serving until Major-General Michael Jeffery took office in August 2003.

Lieutenant-governors and administrators

A lieutenant-governor takes on the responsibilities of a governor when that post is vacant or when the governor is out of the state or unable to act. An administrator takes on those duties if both the governor and lieutenant-governor are not able to act for the above reasons.

Backgrounds of governors

In 1976 South Australia appointed Sir Douglas Nicholls as the first (and, to date, the only) Aboriginal governor of an Australian state. Governors of non-Anglo-Australian background have been appointed in recent years. These include Ken Michael (Greek; Western Australia), Sir James Gobbo (Italian; Victoria), David de Kretser (Sri Lankan/Ceylonese; Victoria), Dame Marie Bashir (Lebanese; New South Wales), Alex Chernov (Russian: Victoria), and Hieu Van Le (Vietnamese; South Australia). Sir Matthew Nathan, Governor of Queensland from 1920 to 1925, was Australia's only Jewish governor until the appointment of Linda Dessau as Governor of Victoria in 2015.

South Australia was also the first state to appoint a woman as governor, when Dame Roma Mitchell took office in 1991. With the appointment of Penelope Wensley in July 2008, Queensland has had three female governors, more than any other state. Queensland is also the only state to have had two female governors in succession (Wensley succeeded Quentin Bryce). New South Wales and South Australia have had two female governors, and Tasmania, Victoria, and Western Australia one each. The Northern Territory, the only mainland territory to have an administrator, has had two female administrators (Sally Thomas and the incumbent, Vicki O'Halloran).

John Landy, a former governor of Victoria, and Marjorie Jackson-Nelson, a former governor of South Australia, are former Australian Olympic medallists.

Contemporary changes and prospects

The Northern Territory received self-government on 1 July 1978 under its own administrator appointed by the governor-general. The Commonwealth prime minister, not the Chief Minister of the Northern Territory, advises the governor-general on the appointment of the administrator.

Recent proposals for an Australian Republic have indirectly involved the office of state governor. In the lead up to the 1999 republican referendum, state governments were required to consider state links to the Crown and thus the validity of appointing the governor through the Queen. At a constitutional convention in Gladstone, Queensland, the states indicated that, if the referendum was successful, governors should be appointed by the parliament, although agreement on the exact method of appointment was not reached. As the referendum failed, no state altered the appointment method.

Current state governors
NameImageTitleTerm
Paul de JerseyGovernor of Queensland29 July 2014
(6 years, 17 days)
Hieu Van LeGovernor of South Australia1 September 2014
(5 years, 349 days)
Kate WarnerGovernor of Tasmania10 December 2014
(5 years, 249 days)
Linda DessauGovernor of Victoria1 July 2015
(5 years, 45 days)
Kim BeazleyGovernor of Western Australia1 May 2018
(2 years, 106 days)
Margaret BeazleyGovernor of New South Wales2 May 2019
(1 year, 105 days)

Current administrators of the territories
NameImageRegionTermTitle
Eric Hutchinson Norfolk Island1 April 2017
(3 years, 136 days)		Administrator of Norfolk Island
Natasha Griggs Christmas Island
Cocos (Keeling) Islands		5 October 2017
(2 years, 315 days)		Administrator of Australian Indian Ocean Territories
Vicki O'Halloran Northern Territory31 October 2017
(2 years, 289 days)		Administrator of the Northern Territory
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See also

References
  1. Australian Dictionary of Biography: Huntingfield, fifth Baron (1883–1969). Retrieved 4 September 2015
  2. Twomey, Anne (1 March 2018). "Chapter 4: Independence". In Saunders, C; Stone, A (eds.). The Oxford Handbook of the Australian Constitution. New York, USA: Oxford University Press. pp. 167–168. ISBN 9780191058318.
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