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 effectiveness of the double entrenchment provisions.[11]
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.[12] However, the doubly entrenched provisions of the 1867 constitution remains in place as a referendum was not sought to amend them.[11]
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. The governor may exercise reserve powers (powers able to be used in the absence of or contrary to advice) only in limited circumstances.
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]
A Union Flag defaced with the state badge of Queensland surrounded by wreath of laurels
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.[13]
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.[14][13]
If the standard is flying at Government House, on a vehicle or at an event, this indicates that the governor is present.[13]
The first Australian born Governor of Queensland was Lieutenant-General Sir John Lavarack (appointed 1946). His successor, Sir Henry Abel Smith, the husband of the niece of Queen Mary, Lady May Abel-Smith, 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.
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).[17] The following are the administrators and lieutenant-governors of Queensland:[18]
↑ 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.[3] 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."[4] As of July 2019 the salary was A$488,686, not including allowance.[5]
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