The Constitution provides that a "Governor-General appointed by the Queen shall be Her Majesty's representative in the Commonwealth . . ." The Constitution grants the Governor-General a wide range of powers, but in practice he or she follows the conventions of the Westminster system and (with rare exceptions) acts only on the advice of the Prime Minister of Australia or other ministers. Even in the appointment of the prime minister, the Governor-General rarely exercises any discretion, usually appointing the leader of the largest party or coalition of parties in the House of Representatives.
Beyond constitutional functions, the Governor-General has an important ceremonial role. He or she travels widely throughout Australia to open conferences, attend services and commemorations and generally provide encouragement to individuals and groups who are contributing to their communities. When travelling abroad, the governor-general is seen as the representative of Australia, and of the Queen of Australia, and is treated as a head of state.
The main official residence of the Governor-General is Government House, Canberra. There is a second official residence, Admiralty House in Sydney. When visiting the other states, the Governor-General is usually a guest at the Government Houses in the state capitals.
The current Governor-General and the first female to hold the role is Quentin Bryce. The Governor-General is supported by a staff headed by the Official Secretary to the Governor-General; the current Official Secretary is Stephen Brady.
When a Governor-General is overseas on official duties or unable to perform their functions, or the office is vacant, the senior state governor is appointed as Administrator of the Commonwealth, and is effectively acting Governor-General.
Constitution describes the Parliament of the Commonwealth as consisting of the Queen, the Senate and the House of Representatives. Section 5 states that "the Governor-General may appoint such times for holding the sessions of the Parliament ... prorogue the Parliament [and] dissolve the House of Representatives." These provisions make it clear that the Queen's role in the parliament is in name only and the actual responsibility belongs to the Governor-General. Such decisions are usually taken on the advice of the Prime Minister, although this is not stated in the Constitution.
The Governor-General has a ceremonial role in swearing in and accepting the resignations of Members of Parliament. He or she appoints a deputy, to whom members make an oath of allegiance before they take their seats. On the day parliament opens, the Governor-General makes a speech, entirely written by the government, explaining the government's proposed legislative program.
The most important power is found in section 58: "When a proposed law passed by both Houses of Parliament is presented to the Governor-General for the Queen's assent, he shall declare ... that he assents in the Queen's name." This makes any proposed law effective.
Sections 58 to 60 allow the Governor-General to withhold assent, suggest changes, refer to the Queen or proclaim that the Queen has annulled the legislation. A number of Governors-General have reserved Royal Assent for particular legislation for the Queen. Such assent has usually been given during a scheduled visit to Australia by the Queen. On other occasions Royal Assent has been given elsewhere. Examples of this have been the Flags Act (1953), the Royal Styles and Titles Acts (1953 and 1973), and the Australia Act (1986).
At the start of Chapter 2 on executive government, the Constitution says "The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative". The Governor-General presides over a Federal Executive Council. By convention, the Prime Minister is appointed to this Council and advises as to which parliamentarians shall become ministers and parliamentary secretaries.
In the Constitution, the words "Governor-General-in-council" mean the Governor-General acting with the advice of the Council. Powers exercised in council, which are not reserve powers, include:
establishing government departments
appointing federal judges, and
appointing ambassadors and high commissioners.
All such actions are taken on the advice of ministers.
Section 68, says "command-in-chief of naval and military forces ... is vested in the Governor-General as the Queen's representative". In practice, this role is ceremonial, with actual authority in the hands of the Defence Minister and the Chief of the Defence Force (CDF).
In an administrative sense, the office of Governor-General is regulated by the Governor-General Act 1974.
In the United Kingdom, the reserve powers of the Crown are not explicitly stated in constitutional enactments and are the province of convention, but in Australia, the powers are explicitly given to the Governor-General in the Constitution but it is their use that is the subject of convention.
The reserve powers are:
The power to dissolve (or refuse to dissolve) the House of Representatives. (Section 5 of the Constitution)
The power to dissolve Parliament on the occasion of a deadlock. (Section 57)
The power to withhold assent to Bills. (Section 58)
The power to appoint (or dismiss) Ministers. (Section 64)
These powers are generally and routinely exercised on Ministerial advice, but the Governor-General retains the ability to act independently in certain circumstances, as governed by convention. It is generally held that the Governor-General may use their powers without ministerial advice in the following situations:
if an election results in a Parliament in which no party has a majority, the Governor-General may select the Prime Minister
if a Prime Minister loses the support of the House of Representatives, the Governor-General may appoint a new Prime Minister
if a Prime Minister advises a dissolution of the House of Representatives, the Governor-General may refuse that request, or request further reasons why it should be granted. It is worth noting that convention does not give the Governor-General the ability to dissolve either the House of Representatives or the Senate without advice.
The use of the reserve powers may arise in the following circumstances:
if a Prime Minister advises a dissolution of Parliament on the occasion of a deadlock between the Houses, the Governor-General may refuse that request
if the Governor-General is not satisfied with a legislative Bill presented to him/her, he or she may refuse Royal Assent
if a Prime Minister resigns after losing a vote of confidence, the Governor-General may select a new replacement contrary to the advice of the outgoing Prime Minister
if a Prime Minister is unable to obtain Supply and refuses to resign or advise a dissolution, the Governor-General may dismiss him or her and appoint a new Prime Minister.
The above is not an exhaustive list, and new situations may arise. The most notable use of the reserve powers occurred in November 1975 in the course of the 1975 Australian constitutional crisis. On this occasion the Governor-General, Sir John Kerr, dismissed the government of Gough Whitlam when the Senate withheld Supply to the government, even though Whitlam retained the confidence of the House of Representatives. Kerr determined that he had both the right and the duty to dismiss the government and commission a new government that would recommend a dissolution of the Parliament. Events surrounding the dismissal remain extremely controversial.
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