Governor of Victoria

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Governor of Victoria
Flag of the Governor of Victoria.svg
Governor of Victoria Portrait.jpg
Incumbent
Margaret Gardner
since 9 August 2023
Viceregal
Style Her Excellency the Honourable
Residence Government House, Melbourne
Seat Melbourne
Appointer Monarch
on the advice of the premier
Term length At His Majesty's pleasure
(typically 5 years)
Formation22 May 1855
First holder Charles Hotham
Deputy Lieutenant-Governor of Victoria
Salary$485,000 (2022) [1]
Website governor.vic.gov.au

The governor of Victoria is the representative of the monarch, currently King Charles III, in the Australian state of Victoria. The governor has many constitutional and ceremonial roles in the Victorian political system; however, they are generally bound by convention to act on the advice of the premier and the Executive Council of Victoria. [2] They also have a significant community role, through investing Australian Honours on behalf of the governor-general, patronage of community organisations, and representing the state as a whole. The current governor is Margaret Gardner. [3]

Contents

Significant functions of the governor include giving royal assent to bills passed by the houses of parliament, issuing writs for elections, exercising executive power on the advice of the Victorian Executive Council, formally appointing government officials (including the premier, other ministers, judges and officials), opening sessions of state parliament, and presenting Australian honours. [2] Although Australia has a federal system of government, the governor is the direct representative of the monarch and is not subordinate to the governor-general. [4]

In almost all instances, the governor only exercises de jure power in accordance with the principles of the Westminster system and responsible government. This requires them to remain politically neutral and to only act in accordance with Parliament (such as when selecting the premier and providing royal assent) or on the advice of ministers (when performing executive actions). [5] In certain limited circumstances, the governor can exercise reserve powers (powers that may be exercised without or against formal advice). Governors are rarely called upon to exercise these reserve powers in the modern period. However, the government of Victoria prior to 1960 required more active involvement by the governors. Albert Dunstan in 1945, Thomas Hollway in 1952 and John Cain Sr. in 1955 all lost office due to failing to maintain supply. [6] The governors consulted Victoria's Chief Justice for advice on their exercise of the reserve powers, with Sir Dallas Brooks also consulting the Chief Justice of the High Court, Victorian Sir Owen Dixon, during the 1955 incident. [6]

In their ceremonial and community roles, the governor represents the state as a whole. Domestically, this role entails attending services and commemorations, sponsoring community organisations and hosting events at their official residence, Government House, located next to the Royal Botanic Gardens and surrounded by Kings Domain in Melbourne. The governor also promotes Victoria's economic, social and cultural interests abroad and is entitled to travel on an Australian diplomatic passport on official business. [7] The governor is supported an Official Secretary, and the Office of the Governor, an administrative office within the Department of Premier and Cabinet which employed 47 FTE staff in 2024. [8]

The governor is selected by the premier and formally appointed by the monarch on the premier's advice. The term of office is not fixed, but they typically serve for five years. Between Victoria's separation from the Colony of New South Wales in 1851 and 1900, ten British-born officials served as governor, including Charles La Trobe and Charles Hotham, who were titled Lieutenant-Governor of Victoria until the colony achieved responsible government in 1855. Three of these colonial governors were minor British nobility, the other seven came from the landed gentry. Since Federation in 1901, the position was held by a series of minor British nobles, including Baron Huntingfield, the first person born in Australia to serve as governor in any state, [9] however Victoria was the last state to begin appointing Australians as governor on a regular basis. [10] The first Australian appointed governor was Sir Henry Winneke in 1974, [11] and all governors since have been Australian citizens. Several governors since 1974 were born overseas, namely Davis McCaughey (born in Ireland) came to Australia for work [12] and David de Kretser (born in Ceylon, now Sri Lanka [13] ) and Alex Chernov (born in Lithuania [14] ), both of whom came to Australia while at school. The first woman to be appointed governor was Linda Dessau, who served from 2015 to 2023. [15]

Appointment

The governor is formally appointed by the monarch with a commission [16] made under the authority of section 6 of the Victorian Constitution. [17] When a new governor is to be appointed, the current premier recommends a name to the monarch, who by convention accepts that recommendation. [18] Prior to 1986, the governor was appointed by the monarch of the United Kingdom acting on the advice of the Foreign Secretary (before 1966, the Colonial Secretary), although local recommendations were considered and usually accepted by the British minister.

The incoming governor is publicly announced usually several months before the end of the existing governor's term. After receiving their commission, the new governor takes an oath or affirmation of allegiance to the monarch and an oath or affirmation of office. [17] These oaths are administered by the chief justice of Victoria or another justice of the Supreme Court. Traditionally, the ceremony takes place in the Legislative Council chamber, although between 2001 and 2015 it was conducted at Government House. [19]

Tenure

The Victorian Constitution does not set a term of office, so a governor may continue to hold office for any agreed length of time. The typical term of office is five years, although after this initial term, a commission may be extended. The term of Linda Dessau was extended by three years in June 2020, due to the impact of the COVID-19 pandemic in Australia. [20] This made Deassau the longest-serving governor since Major General Sir Rohan Delacombe, who served 1963 to 1974. [21]

There are two other offices that are authorised to administer the government of Victoria on behalf of the governor. The lieutenant-governor of Victoria is appointed by the governor by commission under the Public Seal of Victoria [22] while the administrator of Victoria is ex officio the chief justice of the Supreme Court, unless:

In these cases, the administrator is the next most senior justice of the supreme course who is in Victoria, willing and able to act as administrator. [23]

The lieutenant-governor may assume the administration of the government of the state when:

The administrator may assume the administration of the government of the state in the same situations, but not when there is a lieutenant-governor who is in Victoria, willing and able to assume the administration of the government. [24]

The governor may also appoint the lieutenant governor or administrator as their deputy to perform some or all of the functions of the governor on behalf of the governor while the governor is exercising the office. [25]

Dismissal

A governor may be dismissed by the monarch before their term is complete. Since the passage of the Australia Act 1986 the monarch may only dismiss a governor on advice from the premier, who is responsible for selecting an immediate replacement or letting the vacancy provisions take effect. [18] Prior to 1986, the governors were dismissed, or recalled to the United Kingdom, by the monarch of the United Kingdom.

Constitutional role

The governor has a key role in performing constitutional duties in all branches of government of the state. The governor also has a subsidiary role performing some constitutional duties relating to the government of the Commonwealth.

Role in the Victorian Parliament

The Victorian Constitution defines the Parliament of Victoria as consisting of the monarch, the Legislative Council and the Legislative Assembly. However, the monarch's role is no more than titular, with the governor responsible under the Victorian Constitution and Australia Act 1986 [18] for all of the functions undertaken by the monarch in regard to the UK parliament. These include the power to summon, dissolve and prorogue the Parliament, to issue writs for elections, as well as the power to give royal assent to bills in the monarch's name. [26]

The governor also has a ceremonial role in swearing in and accepting the resignations of members of Parliament. All members must make an oath or affirmation of allegiance to the King in the presence of the governor or someone appointed by them before they take their seats. [27] On the day parliament opens, the governor makes a speech in the Legislative Council (similar to the King's Speech in the UK), entirely written by the government, explaining the government's proposed legislative program. [28]

One of the most significant powers of the governor is the power to grant royal assent in the King's name. [26] This assent gives bills that have been passed by the houses of parliament the force of law. It is unclear whether the governor acts on the advice of the government when giving assent, with previous governors giving conflicting views. Previously the Executive Council advised the granting of assent, but since 1996 a standing instruction has been given by the premier stating assent should be given in the absence of advice otherwise. [29] [30] This differs from Commonwealth and other state vice-regal representatives (with the exception of South Australia) who are not given advice regarding royal assent. [31] Assent has not been refused since the early days of responsible government. In 1857, Governor Sir Henry Barkly refused assent to the Oaths of Office Bill 1857 on the grounds that it conflicted with an act of the Imperial Parliament (the Roman Catholic Relief Act 1829 ). The next year, he similarly refused to assent to the Duration of Parliament Bill 1858, which aimed to alter the new constitution, but had not been passed in the manner required for constitutional alterations. In both cases, Barker assented to replacement bills that he did not consider to be beyond the power of the colonial parliament. [32]

Prior to the Australia Act 1986 , the Australian Constitutions Act 1850 (UK) authorised the governor to reserve a bill for the monarch's pleasure, that is allow the monarch to give royal assent personally to a proposed bill. [33] [34] When the governor acted as a representative of the British government, this provision allowed for the governor to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent. Since the passage of the Australia Act 1986, the powers of the monarch in relation to the state - save for the power to appoint the governor - are exercised by the governor. [18] Under the Australian Constitutions Act 1842 (UK), the British government could also advise the monarch to disallow a law passed within the last two years, which would annul the law on the governor's proclamation or message to the parliament. [35] This power was also removed by the Australia Act 1986. [36]

Finally, the governor can refer a bill back to the houses with suggested changes. [37]

Role in executive government

Executive powers vested in governor by statute or as part of the prerogative are exercised on the advice of ministers in accordance with the principles of responsible government. [38] This occurs formally through the Executive Council, a body of all current (and technically former) ministers that advises the governor. [39] Such advice is generally the result of decisions already made in Cabinet, the de facto highest executive body in Victoria. [40]

Formally, the governor exercises the traditional rights of the monarch as identified by Bagehot: the right to be consulted, to encourage and to warn. [18]

Role in the government of the Commonwealth

The role of state governors in the government of the Commonwealth is limited to the issue and return of the writs for the election of senators representing their state, and the nomination of new senators to fill a casual vacancy. [41]

When the prime minister advises governor-general to call an election of the House of Representatives within the 12 months before the expiration of the term of half the Senate, or the dissolution of both houses of parliament under section 57 of the Australian Constitution, they will also advise the governor-general to invite the state governors to issue the writs for the election of senators on the same date. [42]

While the office of governor of Victoria has little role in the administration of the government of the Commonwealth, the individuals who serve as governors of Victoria are - like all the Governors of the Australian states - normally given a dormant commission to administer the government of the Commonwealth in the absence from Australia, or the death, incapacity or removal from office of the governor-general by the Sovereign. [43] Victorian governors are often also appointed as a deputy of the governor-general [44] to perform certain responsibilities of the governor-general while the governor-general is present in Australia, but unable to perform them personally. [45]

Ceremonial role

Governors' rank insignia Australian State Governor insignia 2025.svg
Governors' rank insignia

In addition to the formal constitutional role, the governor has a representative and ceremonial role, though the extent and nature of that role has depended on the expectations of the time, the individual in office at the time, the wishes of the incumbent government, and the individual's reputation in the wider community. Governors generally become patrons of various charitable institutions, present honours and awards, host functions for various groups of people including representatives of other countries, and travel widely throughout the state.

The governor is generally invited to become patron of various charitable and service organisations. Historically the governor has often served as Chief Scout of Victoria, [48] Deputy Prior of the Order of St John, [49] and by law is the Visitor of Deakin, Federation, La Trobe, Melbourne, Monash, RMIT, and Victoria Universities. [50]

The governor makes official visits overseas on behalf of Victoria at the request of the state government. During these periods, the Lieutenant-Governor of Victoria or an administrator executes the government of the state. [51] [52]

The governor fills the honorary role of Representative Colonel for the Australian Army Reserve's Royal Victoria Regiment. [49] They are an Honorary Commodore of the Royal Australian Navy, [53] and the Honorary Air Commodore of No 21 (City of Melbourne) Squadron, Royal Australian Air Force. [54] These appointments are strictly honorary, and unlike governors in the United States who exercise operational control their state National Guard, the governor of Victoria plays no formal role in the command structure of these units.

Privileges

Government House, Melbourne GovernmentHouseMelbourne1 gobeirne.jpg
Government House, Melbourne

Governors are entitled to various privileges by virtue of holding the office. These include the right to live in Government House, the largest and grandest vice-regal residence in the Commonwealth of Nations. [55] The state's first lieutenant-governor, [a] Charles La Trobe continued to live in La Trobe's Cottage, which he had built for himself as Superintendent of Port Phillip District. [56] The colonial government then rented Toorak House from 1854 for use as Government House until the construction of the permanent building in King's Domain was completed in 1876. [57] However, lease negotiations broke down and Sir George Bowen resided at Bishopscourt, the official residence of the Anglican Archbishop of Melbourne, during the final months before Government House was completed. [55]

Beginning in 1901, the now-state government provided the use of Government House to the Governor-General of Australia as Melbourne was the capital city of Australia prior to the construction of Canberra. The governor-general remained resident in Melbourne outside of parliamentary sitting periods after the capital moved in 1927, not moving to Yarralumla full-time until Sir Issac Issacs took up the post. During this period, the state government rented Stonnington Mansion for use by the state governor, eventually purchasing the building and its contents in 1928. After the governors returned to live at Government House, Stonnington was used as a school. [55]

The governor's official vehicles use a representation of St Edward's Crown in place of a standard registration plate [58] and fly the governor's personal standard. [59]

Salary

The salary of the governor was initially set by the Australian Constitutions Act 1850 at £2,000, [b] which also required any bill that altered the governor's salary to be reserved for her majesty's pleasure. [33] As of 2025, the governor is paid the same salary as a justice of the supreme court [60] (currently $517,650 [61] )

Official dress

Sir Arthur Stanley, 14th governor of Victoria (1914-20), in his court uniform Arthur Stanley.jpg
Sir Arthur Stanley, 14th governor of Victoria (1914-20), in his court uniform

Governors before the 1970s wore traditional court uniforms, based on the uniform of the Lord Lieutenants of English counties with the colours reversed. It consisted of a dark navy wool double-breasted coatee with silver oak leaf and fern embroidery on the collar and cuffs trimmed with silver buttons embossed with the Royal Arms and with bullion edged epaulettes on the shoulders, dark navy trousers with a wide band of silver oak-leaf braid down the outside seam, silver sword belt with ceremonial sword, bicorne cocked hat with plume of ostrich feathers, black patent leather Wellington boots with spurs, etc., that is worn on ceremonial occasions. [62] However, that custom fell into disuse and governors now dress in informal wear day-to-day.

Titles and honours

Governors have during their tenure the style His or Her Excellency the Honourable and their spouses have the style His or Her Excellency. The style used by a former governor is the Honourable.

Since the creation of the Order of Australia in 1975, governors have been routinely invested as Companions of the Order of Australia immediately prior to being commissioned as governor, and several governors including Linda Dessau, [63] Sir James Gobbo, [64] have been appointed Commanders of the Royal Victorian Order [c] for their service to the sovereign as vice-regal representatives. Prior to 1986, Victoria still utilised the imperial honours system, and it was customary for governors to be recognised with awards of Knight Grand Cross or Knight Commander of the Order of St Michael and St George for their service as colonial officials [65] [66] as well as Knight Grand Cross or Knight Commander of the Royal Victorian Order for their services to the sovereign. [67]

Spouses of governors have no official duties but carry out the role of a vice-regal consort. They are entitled to the courtesy style Her Excellency or His Excellency during the office-holder's term of office. Most spouses of governors have been content to be quietly supportive. Some, however, have been notable in their own right, such as Lady Brooks, [68] [69] Margaret, Baroness Huntingfield, and Glyn Davis

Governor's personal standard

Personal Standard of the
Governor of Victoria
Flag of the Governor of Victoria.svg
Use Other FIAV 000000.svg FIAV normal.svg IFIS Mirror.svg
Proportion1:2
Adopted18 April 1984;41 years ago (1984-04-18) [70]
DesignThe Governor's badge of a red Southern Cross surmounted by St Edward's Crown, on a golden yellow flag with the Union flag in the upper left (canton) quarter.

The personal standard of the governor of Victoria is the same design as the state flag of Victoria, but with the blue background replaced by gold, and red stars depicting the Southern Cross. The gold is said to represent "Victoria’s golden past and its promise of a golden future". [71]

The current standard has been in place since 1984. Previously, the standard used by Victorian governors after 1870 had been the Union Jack with the Badge of the State of Victoria emblazoned in the centre. [71]

The governor's standard is flown at Government House and on vehicles conveying the governor. The standard is lowered over Government House when the governor is absent from Victoria. [71]

Historical standards of the governor[ citation needed ]

Office of the Governor of Victoria

The Office of the Governor provides support to the governor to fulfill their constitutional and ceremonial duties, community and international engagements and maintains Government House, including its collections, as a heritage and community asset of national importance. [72]

The Office of the Governor is currently constituted as an administrative office within the Department of Premier and Cabinet under the Public Administration Act 2004. [73] It employed 47 Full-time equivalent staff in 2024 [8] and is headed by the Official Secretary to the Governor.

The official secretary to the governor is Victoria's nominee on the Council of the Order of Australia [74] [75] As of 2025, the official secretary is Jonathan Burke. [75]

List of governors of Victoria

Lieutenant-governors

Prior to the separation of the Colony of Victoria from New South Wales in 1851, the area was called the Port Phillip District of New South Wales. The Governor of New South Wales appointed superintendents of the district. In 1839, Charles La Trobe was appointed superintendent. La Trobe became lieutenant-governor of the new colony of Victoria on separation on 1 July 1851.

From 1850 to 1861, the Governor of New South Wales was titled Governor-general of New South Wales in an attempt to form a federal structure. Until Victoria obtained responsible government in 1855, the Governor-general of New South Wales appointed lieutenant-governors to Victoria. [76] On Victoria obtaining responsible government in May 1855, the title of the then incumbent lieutenant-governor, Captain Sir Charles Hotham, became governor.

No.ImageLieutenant-governorFromTo
1 Charleslatrobe.jpg Charles La Trobe [77]
CB
1 July 18515 May 1854
2 Charles Hotham by James Henry Lynch-crop.jpg Captain Sir Charles Hotham [78]
KCB RN
22 June 185422 May 1855


Governors

No.ImageGovernorFromTo
1 Charles Hotham by James Henry Lynch-crop.jpg Captain Sir Charles Hotham [78]
KCB RN
22 May 185531 December 1855
- Edward Macarthur B22455.tif (Administrator)
Lieutenant General Edward Macarthur [79]
KCB
January 1856December 1856
2 Henry Barkly.jpg Sir Henry Barkly [80]
GCMG KCB FRS FRGS
26 December 185610 September 1863
3 Portrait of Sir Charles Darling 1863 wood engraving.jpg The Rt Hon Sir Charles Darling [81]
KCB
11 September 18637 May 1866
- Brigadier-General-Carey full MA I173914 TePapa.jpg (Administrator)
Major General George Carey [82]
CB
May 1866August 1866
4 3rdViscountCanterbury.jpg The Rt Hon John Manners-Sutton, 3rd Viscount Canterbury [83]
GCMG KCB
15 August 18662 March 1873
5 George Bowen b.jpg Sir George Bowen [84]
GCMG
30 July 187322 February 1879
6 GeorgePhipps2ndMarquessOfNormanby.jpg George Phipps, 2nd Marquess of Normanby [85]
GCB GCMG PC
29 April 187918 April 1884
7 Henry Loch Vanity Fair 5 July 1894.jpg Sir Henry Loch [86]
GCB GCMG
15 July 188415 November 1889
8 Lord Hopetoun 1902.jpg John Hope, 7th Earl of Hopetoun [87]
KT GCMG GCVO
28 November 188912 July 1895
9 Brassey1.JPG Thomas Brassey, 1st Baron Brassey [88]
GCB TD JP
25 October 189531 March 1900
10 George Sydenham Clarke.jpg Sir George Clarke [89]
GCSI GCMG GCIE GBE
10 December 1901 [90] 24 November 1903
11 Reginald Talbot Vanity Fair 22 July 1897.jpg Major-General Sir Reginald Talbot [91]
KCB
25 April 19046 July 1908
12 Thomas Gibson Carmichael.jpg Sir Thomas Gibson-Carmichael [92]
GCSI GCIE KCMG Bt FRSE
27 July 190819 May 1911
13 John Fuller.jpg Sir John Fuller [93]
KCMG Bt
24 May 191124 November 1913
14 Arthur Stanley.jpg Sir Arthur Stanley [94]
KCMG
23 February 191430 January 1920
15 The Earl of Stradbroke in 1915.jpg George Rous, 3rd Earl of Stradbroke [95]
KCMG CB CVO CBE VD TD
24 February 19217 April 1926
16 Lord Somers Governor 1926.jpg Arthur Somers-Cocks, 6th Baron Somers [96]
KCMG DSO MC
28 June 192623 June 1931
17 Lord huntingfield.jpg William Vanneck, 5th Baron Huntingfield [97]
14 May 19344 April 1939
18 Winston Dugan.jpg Major-General Sir Winston Dugan [98]
GCMG CB DSO KStJ
17 July 193920 February 1949
19 Sir Dallas Brooks talking with the Governor of West Australia, Sir James Mitchell.jpg General Sir Dallas Brooks [99]
GCMG KCB KCVO DSO KStJ
18 October 19497 May 1963
20Major General Sir Rohan Delacombe [21]
KCMG KCVO KBE CB DSO KStJ
8 May 196331 May 1974
21 Sir Henry Winneke (cropped).JPG Sir Henry Winneke [100]
AC KCMG KCVO OBE QC
1 June 197428 February 1982
22Rear Admiral Sir Brian Murray [101]
KCMG AO RAN
1 March 19823 October 1985
23 The Reverend Davis McCaughey
AC
18 February 198622 April 1992
24The Hon Richard McGarvie
AC QC
23 April 199223 April 1997
25Sir James Gobbo
AC CVO QC
24 April 199731 December 2000
26 Bannister and Landy.jpg John Landy
AC CVO MBE FTSE
1 January 20017 April 2006
27 David de Kretser Dsc 6787.jpg Professor The Hon David de Kretser
AC FAA FTSE FAHMS
7 April 20067 April 2011
28 Alex Chernov Governor of Victoria.png The Hon Alex Chernov
AC KC
8 April 201130 June 2015
29 Linda Dessau.jpg The Hon Linda Dessau
AC CVO
1 July 201530 June 2023
30 Governor of Victoria Portrait.jpg Her Excellency The Hon Margaret Gardner
AC FASSA
9 August 2023Incumbent

See also

References

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  1. the position would be retitled when the Colony of Victoria achieved responsible government in 1854
  2. That is, pounds sterling; the Australian pound (with the same value) was introduced in 1910.
  3. Named in 1896 for Queen Victoria, not the then-colony also named in her honour