Editing Governor-General of Australia (section)

==Constitutional role==
{{Politics of Australia sidebar}}
The governor-general has a key role in performing constitutional duties in all branches of government.

===Role in the Australian Parliament===
The Constitution defines the [[Parliament of the Commonwealth]] as consisting of the monarch, the [[Australian Senate|Senate]] and the [[Australian House of Representatives|House of Representatives]].<ref>''Australian Constitution'' (Cth) [https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/xx1.html s 1]</ref> However, the monarch's role is no more than titular, with the governor-general responsible under the Constitution for most of the functions undertaken by the monarch in regard to the [[UK parliament]].<ref name=":2" /> These include the power to summon, dissolve and prorogue the Parliament,<ref>''Australian Constitution'' (Cth) [https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/coaca430/xx5.html s 5]</ref> to issue writs for lower house elections,<ref name="s32">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|32}}</ref> to convene a joint sitting,<ref name="s57">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|57}}</ref> as well as the power to give royal assent to bills in the monarch's name.<ref name="s58">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|58}}</ref>

The governor-general also has a ceremonial role in swearing in and accepting the resignations of members of Parliament. All members must make an [[Oath of Allegiance (Australia)|oath or affirmation of allegiance]] to the King in the presence of the governor-general or someone appointed by them before they take their seats.<ref name="s42">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|42}}</ref><ref>''Australian Constitution'' (Cth) [https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/sch1.html sch]</ref> On the day parliament opens, the governor-general makes a speech in the Senate (similar to the [[Speech from the throne|King's Speech]] in the UK), entirely written by the government, explaining the government's proposed legislative program.<ref>{{Cite book |last=Elder |first=D. R. |title=House of Representative Practice |date=2018 |publisher=Department of the House of Representatives |isbn=978-1-74366-654-8 |editor-last=Elder |editor-first=D R |edition=7th |location=[[Canberra]], Australia |pages= |language=en-AU |chapter=A Parliament |editor-last2=Fowler |editor-first2=P E |chapter-url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter7/A_Parliament}}</ref>

One of the most significant powers of the governor-general is the power to grant [[royal assent]] in the King's name.<ref name="s58" /> This assent gives bills that have been passed by the houses of parliament the force of law, with effect either 28 days after being signed, on a date to be fixed later by proclamation or otherwise as provided in the act.<ref>{{Cite web |date=14 December 2023 |title=Law-making |url=https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/law-making |access-date= |website=Parliamentary Education Office |language=en-AU}}</ref> The government does not formally advise the governor-general to grant assent, but it is expected that they will act in accordance with the democratically elected houses of Parliament and assent has never been refused.<ref>{{Cite web |last=Twomey |first=Anne |author-link=Anne Twomey (academic) |date=2019-01-29 |title=Why a government would be mad to advise the refusal of royal assent to a bill passed against its will |url=http://theconversation.com/why-a-government-would-be-mad-to-advise-the-refusal-of-royal-assent-to-a-bill-passed-against-its-will-110501 |access-date= |website=The Conversation |language=en-US}}</ref><ref>{{Cite journal |last=Taylor |first=Greg |date=2008 |title=Refusals of Assent to Bills Passed by Parliament in Germany and Australia |url=https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/FedLawRw/2008/4.html |journal=Federal Law Review |volume=36 |pages=83–116 |doi=10.22145/flr.36.1.4 |s2cid=220296964 |via=[[Austlii]]}}</ref>

Apart from assenting to a bill, the governor-general can also reserve a bill for the King's pleasure, that is allow the monarch to give royal assent personally to a proposed bill.<ref name="s58" /> When the governor-general acted as a representative of the British government, this provision allowed for the governor-general to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent.<ref name="s58" /><ref>{{Cite book |url=https://nla.gov.au/nla.obj-2016976825/view |title=Final report of the Constitutional Commission |date=1988 |isbn=0-644-06897-3 |pages=72–3, 82–3 |publisher=Australian Government Pub. Service |language=en-AU |via=Trove}}</ref> 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-general's proclamation or message to the houses.<ref name="s59">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|59}}</ref> However, since the assumption of full sovereignty and the emergence of an independent Crown of Australia, the British government no longer has these powers and the reservation power has only occasionally been used for bills that affect the monarch personally, such as the ''Royal Styles and Titles Act'' (1953 and 1973) and other bills of national significance such as the ''[[Flags Act 1953]]'' and the ''[[Australia Act 1986]]''.<ref name=":7" />

Finally, the governor-general can refer a bill back to the houses with suggested changes.<ref name="s58" /> This has only happened when once passed, the government has realised a bill requires further amendment and requests the governor-general return the bill to the house.<ref name=":7">{{Cite book |title=House of Representative Practice |date=2018 |publisher=Department of the House of Representatives |isbn=978-1-74366-654-8 |editor-last=Elder |editor-first=D R |edition=7th |location=[[Canberra]], Australia |pages= |language=en-AU |chapter=Presentation of bills for assent |editor-last2=Fowler |editor-first2=P E |chapter-url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter10/Presentation_of_bills_for_assent}}</ref>

===Role in executive government===
[[File:Peter Cosgrove with Second Turnbull Ministry 2016.jpg|thumb|Governor-General [[Peter Cosgrove]] with ministers and parliamentary secretaries of the [[Second Turnbull ministry]], 2016]]

Under the Constitution, the executive power of the Commonwealth is vested in the monarch, but is exercisable by the governor-general.<ref name="s61">{{Cite Legislation AU|Cth|act|coaca430|Australian Constitution|61}}</ref> However, such power is only exercised on the advice of ministers in accordance with the principles of [[responsible government]]. This occurs formally through the [[Federal Executive Council (Australia)|Federal Executive Council]], a body of all current (and technically former) ministers that advises the governor-general.<ref>{{Cite book |url=https://www.pmc.gov.au/resources/federal-executive-council-handbook-2021 |title=Federal Executive Council Handbook 2021 |date=2021 |publisher=Department of the Prime Minister and Cabinet |isbn=978-1-925364-53-8 |page=3}}</ref><ref>{{Cite book |last= |first= |title=House of Representative Practice |date=2018 |publisher=Department of the House of Representatives |isbn=978-1-74366-654-8 |editor-last=Elder |editor-first=D R |edition=7th |location=[[Canberra]], Australia |pages= |language=en-AU |chapter=Federal Executive Council |editor-last2=Fowler |editor-first2=P E |chapter-url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter2/Federal_Executive_Council}}</ref> Such advice is generally the result of decisions already made in [[Cabinet of Australia|Cabinet]], the ''de facto'' highest executive body in Australia.<ref>{{Cite web |date=10 Nov 2023 |title=Cabinet |url=https://peo.gov.au/understand-our-parliament/parliament-and-its-people/government/cabinet |access-date= |website=Parliamentary Education Office |language=en}}</ref> While some provisions in the Constitution refer the "Governor-General" and others to the "Governor-General in Council", this does not mean that there is in element of discretion in the former; this distinction merely indicates that the former powers were those that were historically classified as belonging to the prerogative of the monarch alone.<ref name=":2" />

Many executive powers are also bestowed on the governor-general by statute. This allows the government of the day (acting through the governor-general) to perform certain acts that would otherwise require legislation. Such provision are often made where legislating may be too slow, as for the declaration of emergencies. An example this was the declaration on the advice of the health minister of a [[state of emergency|human biosecurity emergency]] under the ''[[Biosecurity Act 2015]]'' in March 2020, due to the outbreak of the [[COVID-19 pandemic]].<ref name=emergdec>{{cite web | last=McPhee | first=Sarah | title=Human biosecurity emergency declared in Australia | website=NewsComAu | date=17 March 2020 | url=https://www.news.com.au/national/politics/coronavirus-australia-human-biosecurity-emergency-declared/news-story/cd7fbff78297c076c8bb774595459c59 | access-date=23 March 2020}}</ref><ref name=decl>{{cite web|url=https://nswbar.asn.au/uploads/pdf-documents/biosecurity_emergency.pdf |archive-url=https://web.archive.org/web/20200329074727/https://nswbar.asn.au/uploads/pdf-documents/biosecurity_emergency.pdf |archive-date=2020-03-29 |url-status=live|title=Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration2020| access-date=29 March 2020|publisher=Commonwealth of Australia}}</ref>

Formally, the governor-general may exercise the traditional rights of the monarch as identified by [[Bagehot]]: the right to be consulted, to encourage and to warn.<ref>{{Cite AustLII|litigants=FAI Insurances Ltd v Winneke|source=HCA|num=26|year=1982|parallelcite=(1982) 151 CLR 342}}, Wilson J para 24.</ref> However, the practical ability to exercise this right is limited. Unlike in Canada or the UK, there is no tradition of regular weekly meetings between the governor-general and the prime minister, with meetings instead sporadically held at the request or either party. There is a greater capacity to exercise influence at the regular meetings of the Federal Executive Council at Government House; however this requires the governor-general to have existing legal experience due to the volume of material, the lack of any requirement for executive-councillors to be briefed or otherwise senior in the government, and the expectation by some governments that the governor-general should only act as a [[Rubber stamp (politics)|rubber stamp]].<ref>{{Cite book |last=Boyce |first=P. J. |title=The Queen's other realms: the Crown and its legacy in Australia, Canada, and New Zealand |date=2008 |publisher=Federation Press |isbn=978-1-86287-700-9 |location=Sydney |pages=124–30 |language=en}}</ref>

===Reserve powers===
[[File:Malcolm Turnbull visits Peter Cosgrove to request double dissolution.jpg|thumb|Prime Minister [[Malcolm Turnbull]] meeting with Governor-General Sir [[Peter Cosgrove]] on 8 May 2016 to request a [[double dissolution]]]]

The reserve powers are those powers that the governor-general may exercise independently, that is in the absence of or against ministerial advice.<ref name=":5">{{Cite web |last= |first= |title=Infosheet 20 - The Australian System of Government |url=https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_20_-_The_Australian_system_of_government |access-date=2024-01-17 |website=Parliament of Australia |language=en-AU |quote=}}</ref><ref name=":3">{{Cite web |last=Downing |first=Susan |date=23 January 1998 |title=The Reserve Powers of the Governor-General |url=https://parlinfo.aph.gov.au/parlInfo/download/library/prspub/IAR30/upload_binary/iar303.pdf;fileType=application%2Fpdf#search=%22library/prspub/IAR30%22 |series=Parliamentary Library Research Note |issn=1328-8016 |id=Number 25, 1997–98}}</ref><ref>{{Cite book |url=https://nla.gov.au/nla.obj-2016976825/view |title=Final report of the Constitutional Commission |date=1988 |isbn=0-644-06897-3 |pages=92–93 |publisher=Australian Government Pub. Service |language=en-AU |via=Trove}}</ref> While most of these powers are listed in the Constitution, the circumstances in which they can be used with discretion is not prescribed and is a matter of convention.<ref name=":4">{{Cite web |date=14 December 2023 |title=What are reserve powers? |url=https://peo.gov.au/understand-our-parliament/your-questions-on-notice |access-date= |website=Parliamentary Education Office |language=en-AU}}</ref>

The reserve powers that are generally accepted are:<ref name=":4" /><ref name=":3" /><ref name=":6">{{Cite book |url=https://nla.gov.au/nla.obj-2016976825/view |title=Final report of the Constitutional Commission |date=1988 |isbn=0-644-06897-3 |pages=326–7 |publisher=Australian Government Pub. Service |language=en-AU |via=Trove}}</ref>
* the discretion to select a prime minister if an election results in a parliament in which no party or coalition has a clear majority
* the power to dismiss a prime minister that has lost the support of the House of Representatives
* the power to refuse to dissolve the House of Representatives

The reserve powers that are the subject of greater debate are:<ref name=":6" /><ref name=":3" />

* the power to refuse a double-dissolution
* the power to refuse a [[prorogation]]<ref>{{Cite book |last=Twomey |first=Anne |author-link=Anne Twomey (academic) |title=The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems |date=2018 |publisher=Cambridge University Press |isbn=978-1-107-29784-5 |pages=587–9 |chapter=Prorogation}}</ref>{{Efn|For instance, during the [[2017–18 Australian parliamentary eligibility crisis]], Governor-General [[Sir Peter Cosgrove]] indicated to Prime Minister [[Malcolm Turnbull]] that he would have refused to prorogue the parliament had he been asked while the resolution of by-elections was to be determined.<ref>{{Cite book |last=Turnbull |first=Malcolm |author-link=Malcolm Turnbull |title=A Bigger Picture |date=2020 |publisher=Hardie Grant Books |isbn=978-1-74379-563-7 |location= |pages=554–5 |oclc=}}</ref>}}
* the discretion to select a prime minister following the dismissal of a prime minister that has lost the support of the House of Representatives
* the power to dismiss a prime minister who is unable to obtain supply and refuses to resign or advise a dissolution
* the power to dismiss a prime minister that has broken the law
* the power to refuse royal assent

The most prominent use of the reserve powers occurred in the course of the [[1975 Australian constitutional crisis]], in which governor-general Sir [[John Kerr (governor-general)|John Kerr]] dismissed the government of [[Gough Whitlam]] and appointed opposition leader [[Malcolm Fraser]] as prime minister while an election was held.<ref>{{Cite web |last=Twomey |first=Anne |date=2017-04-19 |title=Australian politics explainer: Gough Whitlam's dismissal as prime minister |url=http://theconversation.com/australian-politics-explainer-gough-whitlams-dismissal-as-prime-minister-74148 |access-date=2024-01-17 |website=The Conversation |language=en-US}}</ref> Kerr acted following the blocking of [[Appropriation bill|supply]] by the opposition controlled Senate, arguing that this gave him both the right and duty to dismiss the government when they did not resign or advise an election.<ref>{{cite web |title=Reserve Powers and the Whitlam dismissal |url=https://www.ruleoflaw.org.au/constitution/reserve-powers-and-the-whitlam-dismissal/ |website=Rule of Law Education Centre |access-date=5 March 2023}}</ref> The event remains one of the most highly debated and controversial in Australian political history.<ref>{{Cite web |last=Cooper |first=Michael |date=2005 |title=The Dismissal 30 years on |url=https://dismissed.moadoph.gov.au/epilogue.html |access-date=2024-01-17 |website=Dismissed!: Whitlam, Fraser, Kerr and the story of 1975 |publisher=Museum of Australian Democracy at Old Parliament House |language=en-AU}}</ref>