Commission to Administer the Government of the Commonwealth of Australia - His Excellency the Honourable Paul de Jersey AC QC

Overview

The Commission under the Royal Sign Manual and the Great Seal of Australia, enacted in 2014, appoints The Honourable Paul de Jersey, AC, to administer the Government of the Commonwealth of Australia in the absence, death, incapacity, or removal of the Governor-General, or in the event of the Governor-General temporarily absenting themselves from office. This legislation was introduced to ensure continuity in the administration of the Government in case of unforeseen circumstances affecting the Governor-General’s ability to perform their duties. The enacting body, Elizabeth II, Queen of Australia, aims to maintain the stability and efficacy of the government by having a designated individual ready to step in when necessary. This measure underscores the importance of having a clear and effective succession plan to uphold the governance framework in Australia.

Scope and Application

The appointment of The Honourable Paul de Jersey, AC, to administer the Government of the Commonwealth of Australia under the Commission dated 6 September 2014, is made to provide continuity and stability in the administration of the Commonwealth in the event of the absence, death, incapacity, or removal of the Governor-General. This Commission applies to The Honourable Paul de Jersey, who holds the office of Governor of the State of Queensland, and comes into effect when a request is made to him in accordance with the Letters Patent as amended relating to the office of the Governor-General. The geographic reach of this Commission is national, extending to the entirety of the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the text of this Commission, which remains in force during the pleasure of Her Majesty Queen Elizabeth II. While the Commission itself does not extend application through subordinate instruments, it relies on the existing Letters Patent to delineate the specific circumstances under which the Governor of Queensland would assume the role of administering the Government.

Key Provisions

The Commission, issued under the Royal Sign Manual and the Great Seal of Australia, appoints the Honourable Paul de Jersey, AC, as the Administrator of the Government of the Commonwealth of Australia in specified circumstances (section 2). These circumstances include the absence of the Governor-General from Australia, the death, incapacity, or removal of the Governor-General, or if the Governor-General temporarily steps aside from their duties. The Administrator is to take over the administration of the Government upon receiving a formal request in accordance with the Letters Patent relating to the office of the Governor-General (section 2). The power to appoint an Administrator is a safeguard to ensure the continuity of government administration in the absence of the Governor-General. The Act imposes several obligations on the Administrator, the Honourable Paul de Jersey. Primarily, he must step into the role of the Governor-General and perform all duties and functions that the Governor-General would ordinarily undertake. This includes ceremonial duties, such as opening Parliament and granting Royal Assent to legislation, as well as executive functions, such as appointing ministers and issuing writs for elections. The Administrator is expected to act in accordance with the advice of the Prime Minister and the Federal Executive Council, ensuring that the government continues to function smoothly during the absence or incapacitation of the Governor-General (section 3). There are no explicit offences, penalties, or consequences detailed within the Commission itself for failure to comply with its provisions. However, any breach of the duties and functions outlined in the Commission could potentially lead to legal challenges or constitutional crises, given the critical role of the Governor-General and the Administrator in the Australian government structure. The consequences of such breaches would likely be addressed in the context of broader constitutional law and the principles of responsible government. The emphasis is on ensuring that the transition of power is seamless and that the continuity of government is maintained without interruption.