What powers does the Governor-General have?

Answer

Giving royal assent to laws, summoning Parliament, and performing ceremonial functions

Explanation

The Governor-General of Australia has extensive constitutional powers under the Australian Constitution and the Letters Patent that establish the office. Most of these powers are exercised on the advice of the Prime Minister or the Federal Executive Council. A small number are reserve powers that the Governor-General can exercise without advice in constitutional crises.

The Constitution lists the Governor-General's main powers. Section 5 allows the Governor-General to appoint times for parliamentary sessions and to prorogue and dissolve the House of Representatives. Section 28 sets the House's maximum three-year term. Section 32 covers the issuance of writs for House elections. Section 57 covers double dissolution of both Houses in case of legislative deadlock. Section 58 covers royal assent to bills. Section 61 vests executive power in the Crown and makes the Governor-General the Queen's (now King's) representative. Section 64 covers the appointment of ministers. Section 68 makes the Governor-General Commander-in-Chief of the Defence Force.

Almost all of these powers are exercised on advice. The Prime Minister advises the Governor-General on dissolutions of Parliament, the issuing of writs for elections, the appointment of ministers, the timing of parliamentary sessions, and other executive matters. The Federal Executive Council, chaired by the Governor-General and made up of ministers, gives formal effect to executive decisions. Royal assent to bills is almost invariably given on the advice of the government.

Reserve powers are a small but important exception. The Governor-General can in theory refuse advice in narrow constitutional situations: appointing a Prime Minister where the election result is unclear, dismissing a Prime Minister who has lost the confidence of the House but refuses to resign or advise an election, refusing a request to dissolve Parliament where another stable government could be formed, and refusing assent to a bill that would be clearly unconstitutional. The most famous use was the dismissal of the Whitlam Labor government by Governor-General Sir John Kerr on 11 November 1975 after the Senate refused to pass supply, an event that remains the subject of intense Australian constitutional and political debate. Modern Governors-General have emphasised the narrowness of the reserve powers and the strong convention that the Governor-General acts on Prime Ministerial advice.

Why this matters for your test

Knowing what the Governor-General actually does (and does not do) explains the constitutional framework of Australian government, and recognising the 1975 dismissal is essential context for any discussion of reserve powers.

Source: Australian Citizenship: Our Common Bond (2024)

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