Section 61 of The Constitution states that the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative and extends to the execution and maintenance of the Constitution and of the laws of the Commonwealth. By sections 63-65, the Governor-General is advised by the Federal Executive Council (CA 2) whose members are chosen and summoned by The Governor-General and sworn in as Executive Councillors. Section 57 of The Constitution allows for The Prime Minister to apply to the Governor-General for a dissolution of either the House of Representatives or the Senate, or both.

The Letters Patent of 29 October 1900 appear to formally constitute the office of Governor-General. They "constitute, order and declare that there shall be a Governor-General and Commander-in-Chief in and over "the Commonwealth. The Letters make provision for the appointment of a Governor-General from time to time and provide that he shall be the keeper of the Great Seal of the Commonwealth. They recognise that "certain powers, functions and authorities were declared to be vested in the Governor-General" by the Constitution and also provide for his appointment of judges, the exercise of the power of dissolution and such powers as are presented by the Constitution.

J A Pettifer, in House of Representatives Practice (AGPS, 1981 pp 1-2) comments that much of what appears in the Letters Patent is in repetition of powers granted to the Governor-General by the Constitution and certain parts of the Letters Patent appear, therefore, to be superfluous.

The Letters Patent have been amended and supplemented by the following, Letters Patent and Instructions: 'Absence of Governor-General', Letters Patent 15 December 1920; 'Letters Patent Constituting the Office of Governor-General', Letters Patent 30 October 1958; 'Instructions to the Governor-General' 29 October 1900; 'Instructions to the Governor-General' 11 August 1902; 'Instructions to the Governor-General' 15 December 1920; and 'Assignment of Certain Powers to Governor-General', 2 November 1954.

In summary, the principal powers and functions of the Governor-General are to represent the Crown in its Australian aspect and to symbolise the executive authority of the Commonwealth internally and before the world. He presides over meetings of the Federal Executive Council and signs Executive Council Minutes and other instruments approved by that body. He is nominal Commander-in-Chief of the Australian armed forces. He commissions successive Prime Ministers. He formally appoints the Ministers of State and administers the oath of office. He summons, prorogues and dissolves Parliament, may grant a double dissolution in the event of an inter-House deadlock and, if the ensuing elections do not resolve the deadlock, may summon a joint meeting of the two Houses. He recommends appropriations to Parliament. He assents to Bills, may refer them back to Parliament with suggestions for amendment or refer them to the Queen for the Queen's pleasure. However, this power was curtailed when Australia adopted in 1942 all appropriate sections of the Stature of Westminster 1931. The Governor-General may appoint judges to the High Court and other Federal Courts and may remove them upon receipt of addresses from both Houses of Parliament. The Governor-General is appointed for a limited term.

In the early years of the Commonwealth, the Governor-General was sometimes able to exercise a little discretion in the performance of these functions, however, the line of evolution of the party system and the British Commonwealth have converged to strip away most of the substance of his prerogative and discrepancy powers.

At the 1926 Imperial Conference it was declared that the Governor-General of a Dominion Governor-General of a Dominion should be clearly recognised as the representative of the Crown and not of the King's Government in Great Britain.

At the 1930 Imperial conference, a formula was adopted which laid down that the parties interested in the appointment of Governor-General were the King and the Dominion concerned; that the King acted on the advice of responsible Dominion Ministers which was the constitutional practice; that they rendered formal advice after informal discussion and that the channel of communication solely concerned the Crown and Dominion Government concerned.

Sir Isaac Isaacs, a distinguished Australian, was the first Governor-General appointed under the new constitutional position: the Prime Minister's recommendation was not initially acceptable to the King who reluctantly approved it.

In the early years to the end of the 1904/5 financial year, funds to defray the costs incurred in the conduct of the Governor-General's official business were included in the vote of the Executive Council - the latter being grouped under the Department of External Affairs for financial purposes. There is also evidence that the administration of the Governor-General's office was merged with that of the Federal Executive Council during this time as the Private Secretary to the Governor-General was also responsible for the affairs of the Executive Council.

In 1903 a secretary of the Federal Executive Council carried out the public duties of the Governor-General. This designation was later altered to "Secretary of the Federal Executive Council and official Secretary to the Governor-General". From 1905 onwards, although for certain financial and administrative purposes two separate and distinct offices were recognised, the work of both was nevertheless carried out be a single office organisation known as the Governor-General's Office.

The Governor-General's office was grouped in the Estimates under the Department of Treasury (CA 11) from July 1905 to January 1917 after, which it was placed under the Prime Minister's Department (CA 12) (Executive Council Decision of 17 January 1917). It was made clear in correspondence of March 1917 between the official Secretary to the Governor-General and the Prime Minister that administration of the office was not in any way subject to the control of the Prime Minister's Department or to any Department Head. The Official Secretary of the Governor-General was to be directly responsible only to the Governor-General and the Prime Minister.

The general decision of the Imperial Conference of 1926, which, amongst other things, decided that the function of channel of communications between the Government of Great Britain and the Government of Australia previously exercised by the Governor-General should be administered by the Cables Section of the Prime Minister's Department, was brought into effect on 1 January 1928. As this had accounted for the majority of the business conducted by the Governor-General's Office, its organisation and staff arrangements were subjected to review and all positions in the Office were abolished and a new position of "Clerk to the Governor-General" was created. This was subsequently found to unsatisfactory and the position was abolished in December 1929.

According to Professor L F Crisp, the principal issues of any interest with which the Governor-General may have to deal are those of commissioning a Prime Minister, dismissing a Ministry or Ministers and dissolution or "double dissolution" of Parliament. During the first decade, Governors-General three times refused dissolutions requested and advised by their Ministers: by Watson in August 1904, by Reid in July 1905 and by Fisher in June 1909. In 1914, a double dissolution was granted by Munro Ferguson when requested by Sir Joseph Cook in connection with an industrial relations measure entitled the Government Preference Prohibition Bill which had been twice rejected by the Senate.

The second dissolution under section 57 was granted in 1951 to Prime Minister Menzies in respect of the Commonwealth Bank bill (No.2) 1951 which the Senate had amended on the first occasion in a way unacceptable to the House of Representatives and which it had on the second occasion referred to a select committee. In 1974, the Parliament was dissolved on the basis that the conditions of section 57 had been fulfilled in respect of a number of Bills. The Fourth dissolution took place in 1975. In a situation of deadlock between the two Houses over the passage of the Appropriation Bills 1975-76, the Governor-General dismissed the Prime Minister, Mr Whitlam, and appointed The Leader of the Opposition to form a caretaker Government until an election of both Houses was held.

Australia's Governors-General have been:

Sources:

1. Parliamentary Papers - General, Vol V 1926, 27, 28, Summary of Proceedings, Imperial Conference 1926.

2. Australian Archives A 461, Item No. G334/1/2

3. M. Gordon, Sir Isaac Isaacs: A Life of Service, Adelaide, 1963 p. 152, pp 154-155

4. Attorney-General's Department, The Australian Constitution Annotated, AGPS, Canberra 1980, pp 186-187

5. L.F. Crisp, Australian National Government, Longmans, Green & Co. Ltd, Victoria, 1965.

Historical agency address

Legislation administered

Creation: Constitution Act 1900, Commonwealth of Australia Acts, No 1 of 1900

The following legislation was repealed by the Corporations Legislation Amendment Act 1991:

• National Companies and Securities Commission Act 1979
• National Guarantee Fund (Members of Participating Exchanges) Levy Act 1989
• National Guarantee Fund (Participating Exchanges) Levy Act 1989
• National Guarantee Fund (Reportable Transactions) Levy Act 1989
• Securities Exchanges (Application for Membership) Fidelity Funds Contribution Act 1989
• Securities Exchanges Fidelity Funds Levy Act 1989
• Securities Exchanges (Membership) Fidelity Funds Contribution Act 1989