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 would be 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]

James Muecke, an ophthalmologist, is the current lieutenant governor.

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. [6]

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. [7] Further deputies are appointed to exercise narrow powers, such as convening executive meetings, opening parliament and swearing in new politicians. [8] [9] 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. [10]

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: Charles III
  2. The Governor-General of Australia: David Hurley
  3. Governors of 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
  4. The Prime Minister: Anthony Albanese
  5. 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
  6. The Chief Justice of Australia: Stephen Gageler
  7. 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 and Acting High Commissioners in order of date of assumption of duties
  8. Members of the Federal Executive Council:
    1. Ministry List
  9. Administrators of Territories in order of appointment:
    1. Administrator of Norfolk Island: Eric Hutchinson
    2. Administrator of the Northern Territory: Hugh Heggie
    3. Administrator of the Australian Indian Ocean Territories: Farzian Zainal
  10. The Leader of the Opposition: Peter Dutton
  11. 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)
    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)
  12. 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
  13. 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
  14. Senior judges:
    1. Chief Justice of the Federal Court of Australia: Debra Mortimer
    2. President of the Fair Work Commission: Adam Hatcher
  15. Chief Justices of States in order of appointment:
    1. Chief Justice of South Australia
    2. Chief Justice of Tasmania
    3. Chief Justice of Victoria
    4. Chief Justice of Western Australia
    5. Chief Justice of New South Wales:
    6. Chief Justice of Queensland
  1. Australian members of the Privy Council of the United Kingdom in order of appointment:
    1. Ian Sinclair
    2. The Rt Hon Sir William Heseltine
  2. The Chief of the Defence Force
  3. Chief Judges of Federal and Territory Courts in order of appointment
    1. Chief Justice of the Northern Territory
    2. Chief Justice of the Family Court of Australia
    3. Chief Justice of the Australian Capital Territory
  4. Members of Parliament
  5. Judges of the Federal Court of Australia and Family Court of Australia, and Deputy presidents of the Fair Work Commission in order of appointment
  6. Lord Mayors of capital cities in order of city populations:
    1. Lord Mayor of Sydney: Clover Moore
    2. Lord Mayor of Melbourne: Sally Capp
    3. Lord Mayor of Brisbane: Adrian Schrinner
    4. Lord Mayor of Perth: Basil Zempilas
    5. Lord Mayor of Adelaide: Jane Lomax-Smith
    6. Lord Mayor of Hobart: Anna Reynolds
    7. Lord Mayor of Darwin: Kon Vatskalis
  7. Heads of religious communities according to the date of assuming office in Australia
  8. Presiding officers of 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
  9. Members of State Executive Councils in order of state populations, 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. Executive Council of the Northern Territory
  10. 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
  11. Judges of State and Territory Supreme Courts in order of appointment:
    1. Supreme Court of New South Wales
    2. Supreme Court of Victoria
    3. Supreme Court of Queensland
    4. Supreme Court of Western Australia
    5. Supreme Court of South Australia
    6. Supreme Court of Tasmania
    7. Supreme Court of the Northern Territory
  12. 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
  13. The Secretaries of Departments of the Australian Public Service and their peers and the Chiefs of the Air Force, Army, and Navy and Vice Chief of the Defence Force in order of first appointment to this group:
    1. Vice Chief of the Defence Force: Vice Admiral David Johnston
    2. Chief of Air Force: Air Marshal Robert Chipman
    3. Chief of Army: Lieutenant General Simon Stuart
    4. Chief of Navy: Vice Admiral Mark Hammond
  14. Consuls-General, Consuls and Vice-Consuls according to the date on which recognition was granted
  15. Members of the Australian Capital Territory Legislative Assembly
  16. Recipients of Decorations or Honours from the Sovereign
  17. Citizens of the Commonwealth of Australia

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