Dormant commission

Last updated

A dormant commission is a commission in a Commonwealth realm that lies dormant or sleeping until it is triggered by a particular event.

Historically, a dormant commission was given in relation to a military command. During the Crimean War, Sir George Cathcart held a dormant commission to take command of the British Army in Crimea if Lord Raglan was killed or disabled.

In Australia, Section 4 of the Constitution allows the King to appoint an administrator to carry out the role of Governor-General when there is a vacancy. The Governors of the Australian states, by convention, are given dormant commissions to act as Administrator of the Commonwealth in the absence of a Governor-General. By convention, the longest-serving state Governor exercises the dormant commission, allowing an assumption of office to commence immediately whenever a vacancy occurs and as long as it exists. For example, when Peter Hollingworth stood aside as Governor-General in May 2003, Tasmanian Governor Sir Guy Green was appointed Administrator [1] until Hollingworth's permanent replacement (Major-Gen Michael Jeffery) was appointed and sworn in. The Australian government can advise the Monarch to revoke any Governor's dormant commission. For example, the dormant commission of Sir Colin Hannah, the then Governor of Queensland, was revoked in 1975 after he made political statements which did not find favour with the government. Proposed constitutional amendments to enact a republic (voted down in 1999) made "the longest-serving State Governor available" an Acting President in the event of vacancy or incapacitation. [2] :Schedule 1[3],3[1] In New Zealand, the Chief Justice of New Zealand holds a dormant commission to act as Administrator of the Government in the absence of a Governor-General of New Zealand. [3] Other Commonwealth realms use dormant commissions in similar ways.

In the Union of South Africa, a dormant commission was held by the Chief Justice of South Africa when the position of Governor-General of South Africa was vacant which was the case between 1943 and 1945, when Nicolaas Jacobus de Wet was installed, and in 1959 and 1961, when L. C. Steyn was installed.

In the British Virgin Islands, the Deputy Governor of the British Virgin Islands has a dormant commission to act as Governor of the British Virgin Islands when there is either a vacancy or when the Governor is either ill or temporarily absent from the British Virgin Islands. Other British Overseas Territories also have Deputy Governors, who also hold dormant commissions as well for the same reasons.

In South Africa between 1961 and 1984, the South African Constitution of 1961 gave a dormant commission to the President of the Senate of South Africa to be invoked as Acting State President of South Africa when there was a vacancy in the office of State President, which was often the case between 1967 and 1979.

Related Research Articles

<span class="mw-page-title-main">Governor-General of Australia</span> Representative of the monarch of Australia

The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia. The governor-general is appointed by the monarch on the recommendation of the prime minister. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. The functions of the governor-general include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by parliament; issuing writs for election; and bestowing Australian honours.

<span class="mw-page-title-main">Governor of New South Wales</span> Vice-regal representative

The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on the advice of the premier of New South Wales, and serves in office for an unfixed period of time—known as serving At His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired jurist Margaret Beazley, who succeeded David Hurley on 2 May 2019.

<span class="mw-page-title-main">Westminster system</span> Parliamentary system of government

The Westminster system or Westminster model is a type of parliamentary government that incorporates a series of procedures for operating a legislature, first developed in England. Key aspects of the system include an executive branch made up of members of the legislature, and that is responsible to the legislature; the presence of parliamentary opposition parties; and a ceremonial head of state who is different from the head of government. The term comes from the Palace of Westminster, the current seat of the Parliament of the United Kingdom. The Westminster system is often contrasted with the presidential system that originated in the United States, or with the semi-presidential system, based on the government of France.

<span class="mw-page-title-main">Governor-general</span> Vice-regal or colonial office

Governor-general, or governor general, is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy to represent the monarch of a personal union in any sovereign state over which the monarch does not normally reign in person. Governors-general have also previously been appointed in respect of major colonial states or other territories held by either a monarchy or republic, such as Japan in Korea and France in Indochina.

<span class="mw-page-title-main">Commonwealth realm</span> Sovereign state headed by King Charles III

A Commonwealth realm is a sovereign state that has Charles III as its monarch and head of state. Charles succeeded his mother, Elizabeth II, as monarch of the Commonwealth realms immediately upon her death on 8 September 2022. All the realms are equal with and independent of the others, though one person, resident in the United Kingdom, acts as monarch of each.

An administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a governor or a governor-general.

Each Australian state has a governor to represent Australia's monarch within it. The governors are the nominal chief executives of the states, performing the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national or federal level. In practice, with notable exceptions the governors are generally required by convention to act on the advice of the state premiers or the other members of a state's cabinet.

The title Administrator of the government (Administrator) has several uses in Australia.

A Royal Style and Titles Act, or a Royal Titles Act, is an act of parliament passed in the relevant country that defines the formal title for the sovereign as monarch of that country. This practice began in 1876, when the Parliament of the United Kingdom passed the Royal Titles Act. By that law, and the subsequent Royal Titles Act 1901 and Royal and Parliamentary Titles Act 1927, the monarch held one title throughout the British Empire. Following the enactment of the Statute of Westminster 1931, the governments of the now separate and independent realms sharing one person as sovereign agreed in 1949 that each should adopt its own royal style and title, which was done in 1952. As colonies became new realms, they passed their own royal style and titles acts. All of the laws were created during the reign of Queen Elizabeth II.

<span class="mw-page-title-main">Governor-General of New Zealand</span> Representative of the monarch of New Zealand

The governor-general of New Zealand is the viceregal representative of the monarch of New Zealand, currently King Charles III. As the King is concurrently the monarch of 14 other Commonwealth realms and lives in the United Kingdom, he, on the advice of his New Zealand prime minister, appoints a governor-general to carry out his constitutional and ceremonial duties within the Realm of New Zealand.

<span class="mw-page-title-main">Monarchy of Australia</span> Australian monarchy

The monarchy of Australia is Australia's form of government, embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional one, modelled on the Westminster system of parliamentary government, while incorporating features unique to the constitution of Australia.

In the Commonwealth of Nations, a high commissioner is the senior diplomat, generally ranking as an ambassador, in charge of the diplomatic mission of one Commonwealth government to another. Instead of an embassy, the diplomatic mission is generally called a high commission.

Australia is a constitutional monarchy whose Sovereign also serves as Monarch of the United Kingdom, New Zealand, Canada and eleven other former dependencies of the United Kingdom including Papua New Guinea, which was formerly a dependency of Australia. These countries operate as independent nations, and are known as Commonwealth realms. The history of the Australian monarchy has involved a shifting relationship with both the monarch and also the British government.

There are six monarchies in Oceania where supreme power resides with an individual hereditary head, who is recognised as the head of state. Each is a constitutional monarchy, wherein the sovereign inherits his or her office, usually keeps it until death or abdication, and is bound by laws and customs in the exercise of their powers. Five of these independent states share King Charles III as their respective head of state, making them part of a global grouping known as the Commonwealth realms; in addition, all monarchies of Oceania are members of the Commonwealth of Nations. The only sovereign monarchy in Oceania that does not share a monarch with another state is Tonga. Australia and New Zealand have dependencies within the region and outside it, although five non-sovereign constituent monarchs are recognized by New Zealand, Papua New Guinea and France.

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.

A Dominion was any of several self-governing nations of the British Empire. With the evolution of the British Empire into the Commonwealth of Nations, the dominions became independent states.

<span class="mw-page-title-main">Succession to the Crown Act 2015</span> Act of the Parliament of Australia, currently registered as C2015A00023

The Succession to the Crown Act 2015(Cth) is an Act of the Parliament of the Commonwealth of Australia, which was enacted at the request of all six Australian states as required by the Australian Constitution. The Australian acts were the final part of the Perth Agreement's legislative program agreed by the prime ministers of the Commonwealth realms to modernise the succession to the crowns of the sixteen Commonwealth realms, while continuing to have in common the same monarch and royal line of succession, as was the case at the time of the Statute of Westminster 1931.

References

  1. Epstein, Rafael: Sir Guy faces first day as Administrator, AM ABC Radio National, 15 May 2003.
  2. Parliament of the Commonwealth of Australia, "CONSTITUTION ALTERATION (ESTABLISHMENT OF REPUBLIC) 1999", Austlii. Retrieved 16 September 2020.
  3. Letters Patent constituting the Office of Governor-General of New Zealand, Section XII Archived 2003-10-03 at the Wayback Machine