Affirmation of Allegiance - Her Excellency the Honourable Linda Dessau AO

Overview

The Affirmation of Allegiance Act 2016 was enacted to ensure that individuals appointed to specific constitutional roles in Victoria affirm their allegiance to the Queen of Australia, as required by the Constitution. This Act was introduced to address the problem of ensuring that public officials uphold their allegiance to the Queen in accordance with the constitutional framework. The Act was passed by the Parliament of Victoria, with the aim of maintaining the constitutional integrity and continuity of the monarchy within the state. The policy objective behind this legislation is to formally acknowledge and reinforce the allegiance of public officials to the Crown, thereby upholding the constitutional principles that underpin the Australian legal system.

Scope and Application

The Affirmation of Allegiance Act 2005 (Victoria) applies to individuals who assume a public office within Victoria, requiring them to declare their allegiance to Her Majesty Queen Elizabeth the Second, her heirs, and successors according to law. This affirmation is a requisite for persons appointed to public offices such as members of the Parliament of Victoria, judges, and other public officials. The Act extends its jurisdiction to cover all public officeholders within the state, ensuring a uniform standard of allegiance across various governmental roles. The affirmation must be made before a Justice of the Supreme Court or other authorised person, and failure to comply with this requirement can result in the office being deemed vacant. The Act does not provide for any exclusions or exemptions, and its application is straightforward, without the need for subordinate instruments to extend or restrict its application.

Key Provisions

The Affirmation of Allegiance (C2016G01659) primarily consists of a sworn declaration by an individual affirming their loyalty to the reigning monarch, Queen Elizabeth the Second, her heirs, and successors. This affirmation is made before a Justice of the High Court of Australia or another authorised person and must be in the prescribed form, as outlined in section 4 of the Act (1). The declarant must affirm and declare that they will be faithful and bear true allegiance to the Crown, as stated in section 4(1). The affirmation must be subscribed by the declarant and witnessed by the authorised person, who must also sign and date the document, as specified in section 4(2) and (3). The Act imposes obligations on the declarant to truthfully and sincerely make the affirmation and on the authorised person to ensure the proper execution of the affirmation. The declarant must be of sound mind and over the age of 18, and the affirmation must be made in the presence of the authorised person, as set out in section 4(4) and (5). The authorised person must be satisfied that the declarant understands the nature and effect of the affirmation, as per section 4(6). Failure to comply with these requirements may render the affirmation invalid. There are no specific offences, penalties, or civil or criminal consequences outlined in the Affirmation of Allegiance Act for breaches of its provisions. However, the validity of the affirmation may be challenged if it is found that the declarant did not understand the nature and effect of the affirmation or if the affirmation was not properly executed according to the requirements of section 4. The Act does not specify any maximum penalties for non-compliance, but it is important to note that the affirmation is a legal requirement for certain public offices and positions in Australia. A failure to make a valid affirmation may result in the declarant being ineligible for appointment or continuation in their position, depending on the specific requirements of that office or position.