Governor_of_Queensland

Governor of Queensland

Governor of Queensland

Representative of the monarch of Australia in the state of Queensland


The governor of Queensland is the representative in the state of Queensland of the Australian monarch, currently King Charles III.[5] In an analogous way to the governor-general at the national level, the governor performs constitutional and ceremonial functions at the state level. In particular the governor has the power to appoint and dismiss the premier of Queensland and all other ministers in the Cabinet, and issue writs for the election of the state parliament.

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The current governor of Queensland, former Chief Health Officer of Queensland Jeannette Young, was sworn in on 1 November 2021.[6]

The chief justice of the Supreme Court of Queensland, currently Helen Bowskill, acts in the position of governor in the governor's absence. In June 2014, Queen Elizabeth II, upon the recommendation of then-premier Campbell Newman, accorded all current, future and living former governors the title The Honourable in perpetuity.[7]

Official residence

The governor has resided at Government House, Brisbane since 1910. The mansion, set in 14 hectares (35 acres) of gardens and bushland in the Brisbane suburb of Paddington, is also known as Fernberg.[8] Unlike Fernberg, the original government house was purpose-built and was used from 1862 to 1910; the building still exists today on the grounds of Queensland University of Technology.[9]

Constitutional provisions

The office of the governor was initially established by letters patent issued by Queen Victoria on the founding of Queensland in 1867. However, up until 1977 the office was not formally recognised in Queensland legislation, with the powers of the governor set down in the letters patent and in an imperial order in council which preserved the effect of the Australian Constitutions Act 1842 (Imp) (the document that granted NSW a semi-elected assembly) as regard to the governor and restricted the power of the Queensland assembly to remove the position. However, following the 1975 Dismissal crisis then premier Sir Joh Bjelke-Peterson amended the Constitution Act 1867 (Qld) to replicate the provisions of the order in council. This was done as the order in council only applied due to the continuing authority of the British Parliament in regard to the states. It was feared that a future Commonwealth government would either assert or acquire by consent the exiting powers of the imperial Parliament over the states, giving them the power to either abolish the office or make it subordinate to the governor-general, allowing the Commonwealth to order the state governor to refuse royal assent to state bills. This amendment provision was doubly entrenched, requiring a referendum for the provisions about the governor to be amended or removed. Following the passage of the Australia Act 1986, the power of the British Parliament to legislate for the states has been removed. However, there remains academic doubts of the legal effectivness of the double entrenchment provisions.[10]

The Constitution Act 2001 consolidated the previous constitutional documents, including the most recent letters-patent, leaving the role of the governor fully defined by Australian law.[11] However, the doubly entrenched provisions of the 1867 constitution remains in place as a referendum was not sought to amend them.[10]

In accordance with the conventions of the Westminster system of parliamentary government, the governor nearly always acts solely on the advice of the head of the elected government, the Premier of Queensland. Nevertheless, the governor retains the reserve powers of the Crown, and has the right to appoint and dismiss ministers, issue pardons, and dissolve Parliament.[citation needed]

The Queensland constitution expressly provides that the governor "is not subject to direction by any person and is not limited as to the Governor's sources of advice" on the appointment or dismissal of ministers (s 35), another provision inserted by the Bjelke-Petersen government in the wake of the 1975 federal dismissal. This provision worked against Bjelke-Petersen when, in the dying days of his government in November 1987, he tried and failed to convince governor Sir Walter Campbell to remove several ministers to shore up his own support within Parliament. When the parliamentary wing of the National Party deposed Bjelke-Petersen and elected one of the dissident ministers, Mike Ahern, as the new leader of the National Party, Bjelke-Petersen initially refused to resign as premier and Sir Walter resisted calls to dismiss him. Bjelke-Petersen elected to resign on 1 December 1987.[citation needed]

The governor is head of the Executive Council, a Queensland equivalent to the Federal Executive Council. The Council is composed of ministers from the government of the day. The Chief Justice of Queensland and other judges in the Queensland judicial system are appointed by the governor acting on the advice of the Executive Council.[citation needed]

Governor's standard

The governor's standard comprises a union jack with a white roundel in the centre with the state badge of Queensland: a light blue maltese cross, surmounted by a royal crown and surrounded by garland of laurel leaves.[citation needed]

The general design of standards for British governors was approved by Queen Victoria in 1869. The design for governors of Queensland was created and flown as a personal standard since 1876, when the maltese cross was adopted as the colonial badge.[citation needed]

If the standard is flying at Government House, on a vehicle or at an event, this indicates that the governor is present.[citation needed]

Past and present standards of the governor

List of governors of Queensland

The first Australian- (and Queensland-) born governor of Queensland was Lieutenant-General Sir John Lavarack (appointed 1946). His successor, Sir Henry Abel Smith (a relative of the royal family), was British. All subsequent governors have been Australian-born, except for Leneen Forde, who was born in Canada but who emigrated to Australia at an early age.

Prior to the separation of Queensland in 1859, it was part of New South Wales under the governors of New South Wales.

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List of administrators and lieutenant-governors of Queensland

Administrators and lieutenant-governors are deputy roles generally appointed to carry out the duties of the governor when the governor is unavailable, due to travel or illness. If one is not appointed, then the duties are carried out by the Chief Justice of Queensland (or the most senior judge available).[12] The following are the administrators and lieutenant-governors of Queensland:[13]

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Notes

  1. equivalent to £575,544 in 2021.[1]
  2. The salary of the Governor is set out in the Governors (Salary and Pensions) Amendment Regulation 2021, which states that the salary of the governor is to be equal to the amount of the Chief Justice of Queensland under the Judicial Remuneration Act 2007.[2] In section 27 of the Judicial Remuneration Act 2007, the salary for the Chief Justice is to be "published by gazette notice, the adjusted salary or allowance."[3] As of July 2019 the salary was A$488,686, not including allowance.[4]

References

  1. "Queensland Blue Book – 1900". Internet Archive. 1900.
  2. "Governors (Salary and Pensions) Amendment Regulation 2021". legislation.qld.gov.au. Parliament of Queensland. 2021. Archived from the original on 27 January 2023. Retrieved 27 January 2023.
  3. "Judicial Remuneration Act 2007". legislation.qld.gov.au. Parliament of Queensland. Archived from the original on 27 January 2023. Retrieved 27 January 2023.
  4. "Judicial Salaries – Gazette Notice" (PDF). courts.qld.gov.au. Archived (PDF) from the original on 27 January 2023. Retrieved 27 January 2023.
  5. "Role of the Governor". Government House Queensland. Archived from the original on 4 March 2022. Retrieved 7 December 2023.
  6. "Dr Jeannette Young Queensland's New Governor". Ministerial Media Statements. Archived from the original on 24 June 2021. Retrieved 21 June 2021.
  7. "20 June 2014" (PDF). Queensland Government Gazette. p. 15. Archived (PDF) from the original on 19 March 2018. Retrieved 20 March 2018.
  8. "Government House (entry 600275)". Queensland Heritage Register. Queensland Heritage Council. Retrieved 1 August 2014.
  9. "Old Government House (entry 600118)". Queensland Heritage Register. Queensland Heritage Council. Retrieved 10 December 2023.
  10. Twomey, Anne (2009). "Keeping the Queen in Queensland : How Effective is the Entrenchment of the Queen and Governor in the Queensland Constitution?" (PDF). University of Queensland Law Journal. 28 (1). Archived (PDF) from the original on 7 December 2023. Retrieved 7 December 2023 via Austlii.
  11. Constitution of Queensland 2001 (Qld) s ch4
  12. "The Executive Government of Queensland". Queensland Parliament. Archived from the original on 25 November 2017. Retrieved 25 November 2017.
  13. "Governors and Deputy Governors of Queensland" (PDF). Queensland Parliament. 2014. Archived (PDF) from the original on 30 March 2016. Retrieved 15 December 2016.

Further reading

  • Fagan, David; King, Madonna (2021). The Governors Of Modern Queensland. University Of Queensland. ISBN 9780702263019.

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