Lieutenant-governor (Australia)

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In Australia, a lieutenant-governor is a standing appointment for a deputy governor of a state, who acts in place of the governor if the governor is unable, unavailable or unwilling to act.

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Constitutionally, Australian state lieutenant-governors, administrators and chief justices of state supreme courts are normally separate offices. [1] [2] However, in many states, such as New South Wales, [3] the Chief Justice of the Supreme Court is also the lieutenant-governor. In 2001, the Constitution of Queensland was amended to restore the office of lieutenant-governor in that state. When a state governor dies, resigns, or is absent, an administrator or acting governor is appointed. The state lieutenant-governors/administrators have no standing powers but stand ready to take up the governor's role.

In some states, there is also a standing deputy governor, who can exercise only the powers which the governor delegates to him or her.

New South Wales

In New South Wales, there is a lieutenant-governor and an administrator, who takes up the duties of the Governor if the governor dies, resigns, or is absent.

Since 1872 the office was permanently filled by the Chief Justice of New South Wales but the position may be retained by the chief justice after his/her retirement from the Supreme Court of New South Wales. [4]

If the lieutenant-governor becomes incapacitated while serving in the office of governor, the next most senior judge of the Supreme Court is sworn in as administrator.

The lieutenant-governors/administrators have no standing powers but stand ready to act in the governor's position.

Tom Bathurst, Chief Justice of the Supreme Court of New South Wales, is the current lieutenant governor.

South Australia

In South Australia, the lieutenant governor is appointed by the Governor at the governor's pleasure. The lieutenant governor acts as the vice-regal representative in the governor's absence.

The lieutenant governor may act as administrator of the state at the request of the premier if the governor is on extended leave or the office is vacant. If the lieutenant governor is not available, the chief justice is next in line to be appointed. [5]

Richard Harris, an anaesthetist and amateur cave diver is the current lieutenant governor. He is most notable for being involved in the Tham Luang cave rescue. [6]

Victoria

In Victoria, there is a lieutenant-governor and an administrator. The Chief Justice of Victoria is ex officio the administrator, unless the chief justice is the lieutenant-governor, in which case, the next most senior judge is the administrator. The lieutenant-governor takes on the responsibilities of the governor when that post is vacant or when the governor is out of the State or unable to act. The administrator takes on those duties if both the governor and lieutenant-governor are not able to act for the above reasons.

The lieutenant-governor is appointed by the governor on the advice of the Premier of Victoria. Appointment as lieutenant-governor of itself confers no powers or functions. If there is no governor or if the governor is unavailable to act for a substantial period, the lieutenant-governor assumes office as administrator and exercises all the powers and functions of a governor. If expecting to be unavailable for a short period only, the governor with the consent of the premier, usually commissions the lieutenant-governor to act as deputy governor, performing some or all of the powers and functions of the governor. [7]

Ken Lay, former Chief Commissioner of Victoria Police and police officer, is the current lieutenant-governor.

Commonwealth

At the time of 28 March 2014, the Commonwealth deputies of the Governor-General were Dame Marie Bashir AD CVO and Alex Chernov AC QC. [8] Further deputies are appointed to exercise narrow powers, such as convening executive meetings, opening parliament and swearing in new politicians. [9] [10] There is no lieutenant-governor.

State governors hold a dormant commission to act as Administrator of the Commonwealth should the governor-general die, resign, or be absent overseas or on leave. By convention, the longest-serving state governor acts as administrator.

Presently, the longest-serving state governor is Linda Dessau, who has been Governor of Victoria since 1 July 2015.

On 1 August 2015, Paul de Jersey held the office as administrator of the Government of the Commonwealth of Australia. [11]

History

Historically, a lieutenant-governor could also be the deputy of the New South Wales governor in a particular territory. In the early and mid-19th century, lieutenant-governors ran Australasian sub-colonies that were initially subordinate to the colony of New South Wales, such as Van Diemen's Land (Tasmania), Victoria and the Bay of Islands (New Zealand).

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The following is the order of precedence for Australia:

  1. The King of Australia: His Majesty King Charles III
  2. The Governor-General of Australia: Her Excellency the Hon Sam Mostyn AC
  3. The Governor of the State when within their own State.
  4. The Governors of the other States in order of appointment:
    1. Governor of New South Wales: Margaret Beazley
    2. Governor of Tasmania: Barbara Baker
    3. Governor of South Australia: Frances Adamson
    4. Governor of Queensland: Jeannette Young
    5. Governor of Western Australia: Chris Dawson
    6. Governor of Victoria: Margaret Gardner
  5. When within the Northern Territory, the Administrator of the Northern Territory: Hugh Heggie
  6. The Prime Minister: Anthony Albanese
  7. When within their own State or Territory, the Premier of the State or the Chief Minister of the Territory
  8. The President of the Senate and the Speaker of the House of Representatives in order of election :
    1. President of the Senate Senator: Sue Lines
    2. Speaker of the House of Representatives: Milton Dick
  9. The Chief Justice of Australia: Stephen Gageler
  10. Senior diplomatic posts:
    1. Ambassadors and High Commissioners in order of date of presentation of the Letters of Credence or Commission
    2. Chargés d'affaires en pied or en titre in order of date of presentation of the Letters of Credence or Commission
    3. Chargés d'affaires ad interim and Acting High Commissioners in order of date of assumption of duties
  11. Members of the Federal Executive Council under summons :
    1. Ministry List
  12. The Administrator of the Northern Territory: Hugh Heggie
  13. The Leader of the Opposition: Peter Dutton
  14. Former holders of high offices:
    1. Former Governors-General in order of leaving office:
      1. William Deane (1996–2001)
      2. Peter Hollingworth (2001–2003)
      3. Quentin Bryce (2008–2014)
      4. Peter Cosgrove (2014–2019)
      5. David Hurley (2019-2024)
    2. Former Prime Ministers in order of leaving office:
      1. Paul Keating (1991–1996)
      2. John Howard (1996–2007)
      3. Kevin Rudd
      4. Julia Gillard (2010–2013)
      5. Tony Abbott (2013–2015)
      6. Malcolm Turnbull (2015–2018)
      7. Scott Morrison (2018–2022)
    3. Former Chief Justices in order of leaving office:
      1. Anthony Mason (1987–1995)
      2. Murray Gleeson (1998–2008)
      3. Robert French (2008–2017)
      4. Susan Kiefel (2017–2023)
  15. Premiers of states in order of state populations, then Chief Ministers of the territories in order of territory populations:
    1. Premier of New South Wales: Chris Minns
    2. Premier of Victoria: Jacinta Allan
    3. Premier of Queensland: Annastacia Palaszczuk
    4. Premier of Western Australia: Roger Cook
    5. Premier of South Australia: Peter Malinauskas
    6. Premier of Tasmania: Jeremy Rockliff
    7. Chief Minister of the Australian Capital Territory: Andrew Barr
    8. Chief Minister of the Northern Territory: Natasha Fyles
  16. The Lord Mayor when within their jurisdiction
  17. Justices of the High Court in order of appointment:
    1. Michelle Gordon AC
    2. James Edelman
    3. Simon Steward
    4. Jacqueline Sarah Gleeson
    5. Jayne Jagot
    6. Robert Beech-Jones
  18. Senior judges:
    1. Chief Justice of the Federal Court of Australia: Debra Mortimer
    2. Chief Justice of the Federal Circuit Court of Australia : Will Alstergren
    3. Chief Judge of the Federal Circuit and Family Court of Australia : Jointly held with the above by Will Alstergren
  19. The Chief Justice of the Supreme Court of the (Australian) jurisdiction
  20. The other Chief Justices of the Supreme Courts of the States and Territories in order of appointment :
    1. Chief Justice of the Supreme Court of South Australia: The Hon Chris Kourakis SC
    2. Chief Justice of the Supreme Court of Tasmania: The Hon Alan Blow AO
    3. Chief Justice of the Supreme Court of the Northern Territory: Michael Grant
    4. Chief Justice of the Supreme Court of Victoria: Anne Ferguson
    5. Chief Justice of the Supreme Court of Western Australia: Peter Quinlan SC
    6. Chief Justice of the Supreme Court of New South Wales: The Hon Andrew Bell SC
    7. Chief Justice of the Supreme Court of the Australian Capital Territory: Lucy McCallum
    8. Chief Justice of the Supreme Court of Queensland: The Hon Helen Bowskill KC
  21. Australian members of the Privy Council of the United Kingdom in order of appointment:
    1. The Rt Hon Ian Sinclair AC
    2. The Rt Hon Sir William Heseltine
  22. The Chief of the Defence Force
  23. Chief Judges of State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
  24. Members of Parliament
  25. Presidents of Federal Tribunals:
    1. The President of the Fair Work Commission: The Hon Justice Adam Hatcher SC
    2. The President of the Administrative Appeals Tribunal: The Hon Justice Emilios Kyrou AO
  26. Other Judges of Federal, State and Territory Courts in order of their appointment to any of their respective jurisdictions' courts
  27. Lord Mayors of capital cities in order of city populations:
    1. Lord Mayor of Sydney: The Rt Hon the Lord Mayor of Sydney, Councillor Clover Moore AO
    2. Lord Mayor of Melbourne: The Rt Hon the Lord Mayor of Melbourne, Councillor Sally Capp AO
    3. Lord Mayor of Brisbane: The Rt Hon the Lord Mayor of Brisbane, Councillor Adrian Schrinner
    4. Lord Mayor of Perth: The Rt Hon the Lord Mayor of Perth, Mr Basil Zempilas
    5. Lord Mayor of Adelaide: The Rt Hon the Lord Mayor of Adelaide, Dr Jane Lomax-Smith AM
    6. Lord Mayor of Hobart: The Rt Hon the Lord Mayor of Hobart, Councillor Anna Reynolds
    7. Lord Mayor of Darwin: The Rt Worshipful the Lord Mayor of Darwin, the Hon Kon Vatskalis
  28. Heads of religious communities according to the date of assuming office in Australia
  29. The Presiding Officer(s) of the State Legislature when in their own jurisdiction.
  30. Presiding officers of the other State Legislatures in order of appointment, then Presiding Officer of Territory Legislatures in order of appointment:
    1. Speaker of the Victorian Legislative Assembly: Colin Brooks
    2. Speaker of the Legislative Assembly of Queensland: Curtis Pitt
    3. President of the Victorian Legislative Council: Nazih Elasmar
    4. Speaker of the New South Wales Legislative Assembly: Jonathan O'Dea
    5. President of the Tasmanian Legislative Council: Craig Farrell
    6. President of the South Australian Legislative Council: John Dawkins)
    7. Speaker of the Western Australian Legislative Assembly: Michelle Roberts)
    8. President of the New South Wales Legislative Council: Matthew Mason-Cox
    9. President of the Western Australian Legislative Council: Alanna Clohesy
    10. Speaker of the Tasmanian House of Assembly: Mark Shelton
    11. Speaker of the South Australian House of Assembly: Dan Cregan
    12. Speaker of the Australian Capital Territory Legislative Assembly: Joy Burch
    13. Speaker of the Northern Territory Legislative Assembly: Ngaree Ah Kit
  31. The members of the particular State Executive Council under summons, then the Members of the other State Executive Councils in order of state populations, and then the Ministers of the Australian Capital Territory and then Members of the Northern Territory Executive Council:
    1. Executive Council of New South Wales
    2. Executive Council of Victoria
    3. Executive Council of Queensland
    4. Executive Council of Western Australia
    5. Executive Council of South Australia
    6. Executive Council of Tasmania
    7. Ministers of the Australian Capital Territory
    8. Executive Council of the Northern Territory
  32. The Leader of the Opposition of the particular State, and then Leaders of the Opposition of State Legislatures in order of state populations, then Leaders of the Opposition in Territory Legislatures in order of territory populations:
    1. Leader of the Opposition of New South Wales: Mark Speakman
    2. Leader of the Opposition of Victoria: John Pesutto
    3. Leader of the Opposition of Queensland: David Crisafulli
    4. Leader of the Opposition of Western Australia: Shane Love
    5. Leader of the Opposition of South Australia: Peter Malinauskas
    6. Leader of the Opposition of Tasmania: Rebecca White
    7. Leader of the Opposition of the Australian Capital Territory: Elizabeth Lee
    8. Leader of the Opposition of the Northern Territory: Lia Finocchiaro
  33. Members of the Federal Executive Council not under summons
  34. Members of the particular State or Territory legislature, and then Members of State and Territory Legislatures in order of population:
    1. New South Wales Legislative Assembly and Legislative Council
    2. Victorian Legislative Assembly and Legislative Council
    3. Queensland Legislative Assembly
    4. Western Australian Legislative Assembly and Legislative Council
    5. South Australian House of Assembly and Legislative Council
    6. Tasmanian House of Assembly and Legislative Council
    7. Australian Capital Territory Legislative Assembly
    8. Northern Territory Legislative Assembly
  35. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy in order of first appointment to this group:
    1. Chief of Air Force: Air Marshal Robert Chipman
    2. Chief of Army: Lieutenant General Simon Stuart
    3. Chief of Navy: Vice Admiral Mark Hammond
  36. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
  37. Recipients of Decorations or Honours from the Sovereign, specifically Decorations or Honours which are at or above the Knight Bachelor or above, and precedence being established according to the Australian honours order of wearing, and, where two people hold the same decoration or honour, according to the date on which the award was announced
  38. Citizens of the Commonwealth of Australia

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References

  1. ↑ New South Wales Constitution Part 2A Section 9B
  2. ↑ Queensland Constitution
  3. ↑ NSW Governor and Parliament Directory with Lieutenant Governor
  4. ↑ NSW Governor and Parliament Directory with Lieutenant-Governor
  5. ↑ Role of the Lieutenant Governor Government House SA Archived 6 October 2014 at the Wayback Machine
  6. ↑ "Thai cave rescue hero appointed South Australia's Lieutenant Governor". ABC News. 25 January 2024. Retrieved 12 February 2024.
  7. ↑ Victoria Online
  8. ↑ These terms as deputies as since expired. Appointment of Deputies to the Governor-General
  9. ↑ Appointment of Vice President and Other Members of Executive Council as Deputies to the Governor-General
  10. ↑ Opening of the Parliament, Senate Hansard
  11. ↑ Proclamation – Administrator of the Government of the Commonwealth of Australia
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