Governor general and 1975 crisis

Question 1

How is the Governor General appointed

Answer 1

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

Question 2

Express powers

Answer 2

Powers of GG that are written into the constitution (expressly stated), Such as appointing judges (s72), issuing writs (s32), Can also be reserve powers

Question 3

Reserve powers

Answer 3

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

Question 4

What did Whitlam do good

Answer 4

Made medicare, made university free for everyone (no longer exists)

Question 5

What happened in 1972

Answer 5

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

Question 6

What happened in 1974 May

Answer 6

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

Question 7

What happened mid-1974

Answer 7

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

Question 8

What happened in 1975 mid-October

Answer 8

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

Question 9

What happened 1975 mid-Oct to Nov 8th

Answer 9

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

Question 10

What happened 1975 Nov 9th

Answer 10

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

Question 11

Senate vacancy left by Murphy

Answer 11

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

Question 12

Senate vacancy left by Milliner

Answer 12

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

Question 13

Loans affair

Answer 13

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

Question 14

Key issues from the 1975 crisis

Answer 14

Senate casual vacancies, responsible government, reserve powers

Question 15

Key issue with senate casual vacancies

Answer 15

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

Question 16

Key issue with responsible government

Answer 16

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

Question 17

Key issue with reserve powers

Answer 17

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)

Question 18

Constitutional roles of the Governor General

Answer 18

Legislative, executive

Question 19

Legislative role of the Governor General

Answer 19

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)

Question 20

Executive role of the Governor General

Answer 20

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)

Question 21

Other roles of the Governor General

Answer 21

ceremonial, non-ceremonial

Question 22

Ceremonial roles of the Governor General

Answer 22

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)

Question 23

Non-ceremonial roles of the Governor General

Answer 23

‘Represents Australia itself’- going overseas for various reasons (international travel), Attending services and functions, Speaking at conferences, Presenting awards

Question 24

Generally accepted reserve powers of GG

Answer 24

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)

Question 25

Arguable reserve powers

Answer 25

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

Question 26

David Hurley

Answer 26

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