Commission to Administer the Government of the Commonwealth of Australia in the absence of the Governor-General - Her Excellency the Honourable Linda Dessau AO

Overview

The Commission to Administer the Government of the Commonwealth of Australia Act 2016 was enacted to address the potential governance gaps that may arise in the absence of the Governor-General, who is the representative of the Queen in Australia. This Act was passed by the Parliament of Australia, under the authority of the Prime Minister, Malcolm Turnbull, and it aims to ensure continuity of government in situations where the Governor-General cannot perform their duties due to absence, death, incapacity, removal, or temporary absence. The policy objective of the Act is to provide a clear and lawful framework for the administration of the Commonwealth Government by an appointed Governor in cases of the Governor-General's unavailability, thereby maintaining the stability and continuity of the federal government.

Scope and Application

This legislation, C2016G01661, serves as a Commission appointing the Honourable Linda Dessau as an Administrator of the Government of the Commonwealth of Australia under specific circumstances. The Commission applies to Linda Dessau, and its scope extends to the administration of the government in the event of the absence, death, incapacity, removal, or temporary absence of the Governor-General of the Commonwealth of Australia. The jurisdictional reach of this Act is at the Commonwealth level, applying to the entire nation as a governance mechanism. The Act does not specify exclusions or exemptions but rather sets forth the conditions under which the appointed Administrator will assume the duties of the Governor-General. The scope of the Act may be extended or modified through subordinate instruments, such as Letters Patent, which provide additional detail on the procedures and conditions for administering the government during the specified events.

Key Provisions

The main operative sections of the legislation are found in the appointment of the Honourable Linda Dessau AM as a Commissioner to administer the Government of the Commonwealth of Australia under specific circumstances (Section 1). This Commission empowers Linda Dessau to step into the role of administering the government in the event of the absence, death, incapacity, or removal of the Governor-General, or if the Governor-General is temporarily absent from office (Section 1). The Commission also specifies that it remains in force during the Queen's pleasure (Section 2). The Act imposes certain obligations on Linda Dessau. Firstly, she must be prepared to assume the role of administering the government if required, following a formal request made in accordance with the Letters Patent as amended (Section 1). This involves taking on the responsibilities of the Governor-General under the specific conditions outlined. Additionally, the Commission mandates that she adheres to the terms and conditions set forth in the Letters Patent, which detail the procedures and formalities for the administration of the government in such scenarios. The legislation does not explicitly state any offences, penalties, or consequences for breach within the text provided. However, it is reasonable to infer that any failure to comply with the terms of this Commission, particularly in not assuming the role when requested, could lead to legal and constitutional repercussions. Given that the Commission is issued under the authority of the Queen, any significant deviation from its provisions might be considered a breach of the constitutional order, potentially leading to severe political and legal consequences. The precise nature of these consequences would depend on the context and the extent of the breach.