Chapter 19 - Relations with the executive government
The Governor-General and the Senate
The Governor-General as the representative of the monarch is a part of
the legislature, but does not normally attend or participate in the proceedings
of either House, with two exceptions. The
Governor-General at the opening of each session of Parliament delivers an opening
speech in the Senate chamber. The Governor-General also usually attends
personally to swear in new
senators, when there is no President in office. This is usually after the terms
of senators have begun, but may occur on other occasions. For example, when
Senator Douglas McClelland resigned as President and as a senator during the
summer adjournment in February 1987, the Governor-General attended the Senate
on the first sitting day to report the resignation and the appointment by the
Parliament of New South Wales of a person to fill the vacancy, and to hear the
affirmation of the new senator (17/2/1987, J.1591). Apart from these occasions
communications between the Governor-General and the Houses consist of formal
addresses and messages, and announcements by ministers. (There is also a
custom of swearing in a new Governor-General in the Senate chamber, but this is
not part of proceedings of the Senate.)
The principal
constitutional powers and functions of the Governor-General as they directly
affect the Senate include the appointment of times for the holding of sessions of Parliament and the proroguing of Parliament (s.
5), and the dissolution of both
Houses simultaneously and the convening of a joint sitting (s. 57). The
Governor-General may administer the oath or affirmation to senators or may commission deputies
to do so (s. 42; on the election of
a President the Governor-General issues a commission authorising the President to swear
in new senators). The President’s resignation is
tendered to the Governor-General (s. 17), as are those of senators if there is
no President or the President is absent from the Commonwealth (s. 19). In the
event of a vacancy in the Senate when
there is no President or the President is absent from the Commonwealth the
Governor-General notifies the Governor of the relevant State (s. 21). When legislation has been passed by
both Houses it is presented to the Governor-General for assent, and the Governor-General
may also recommend
amendments (s. 58; see
Chapter 12, Legislation). Section 128 of the Constitution
provides that where the Houses cannot agree on a
proposed law to alter the Constitution the Governor-General may submit the
proposal to the electors.
The Letters
Patent Relating to the Office of Governor-General of the Commonwealth of
Australia state that “a person appointed to be Governor-General shall take
the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in
the Presence of the Chief Justice or another Justice of the High Court of
Australia” (II(b)). The oath or affirmation of allegiance is as set out in the
schedule to the Constitution and the form of the oath or affirmation of office
is specified in paragraph V of the Letters Patent. The venue for the
swearing-in of a new Governor-General is determined by the Government.
Traditionally it takes place in the Senate chamber.
The Senate may
formally communicate with the monarch or the Governor-General by way of an
address, in accordance with provisions in standing orders 171 and 172. A motion for an
address requires notice.
Addresses to the monarch were formerly used for various occasions; they
are now very rare. Apart from the presentation of an address-in-reply to the
Governor-General’s speech at the opening of each new session of Parliament (see
Chapter 7), there have been no addresses presented to the Governor-General
since 1931.
Should the Senate request access to documents in the control of the
Governor-General, such as correspondence between the Governor-General and the Prime Minister on a
request for a dissolution, an address to the Governor-General may be employed
(SO 165;
see Chapter 18, Documents, under Addresses for documents).
Messages
from the Governor-General are reported to the
Senate as soon as practicable after receipt. A message may be
presented by a minister at any time, but not during a debate, or so as to
interrupt a senator speaking. The message may be at once taken into
consideration, or ordered to be printed, or a future day may be fixed on motion
for taking it into consideration (SO 173).
Messages from the Governor-General are received by the Senate on the
following subjects:
The monarch, Governor-General and governors of
the states are protected by the procedures of the Senate against offence in debate.
Standing order 193(2) provides
that a senator shall not refer to them “disrespectfully in debate, or for the
purpose of influencing the Senate in its deliberations”. It has been ruled that
this order does not protect former Governors-General (SD, 19/12/1988, p. 4484)
but may protect Governors-General designate (SD, 19/12/1988, p. 4496; see
Chapter 10, Debate). (For a
resolution calling on the Governor-General to resign, or, if he does not, for
the Prime Minister to advise the withdrawal of his commission, see 15/5/2003,
J.1818-20.)
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