Overview

The Constitution of the Order of Australia - Amendments 2018, announced in the Commonwealth of Australia Gazette on 16 April 2018, represents amendments approved by Her Majesty The Queen to the Letters Patent dated 14 February 1975. This legislation was enacted to address the need for flexibility in the governance of the Order of Australia, particularly in terms of the number of appointments that can be made each year. The amendments were approved by the Queen on the advice of the Prime Minister and are intended to provide the Governor-General with the ability to prescribe the number of appointments that can be made within the Order, thereby allowing for adjustments to be made in response to changing circumstances and needs. The policy objective is to enhance the effectiveness and relevance of the Order by ensuring it can adapt to contemporary requirements.

Scope and Application

The Constitution of the Order of Australia has been amended by Letters Patent, which now govern the membership and structure of the Order. These amendments apply to the members of the Order of Australia, which includes those appointed as Companions, Officers, and Members in the General Division, including honorary appointments. The amendments establish that the number of individuals who can be appointed to these categories each year is now prescribed by Ordinance, rather than being fixed by the Constitution itself. The Ordinances are to be made by the Governor-General on the recommendation of the Prime Minister. The amendments apply on a national level across Australia and may be further refined or detailed through subordinate legislation. No specific exclusions or thresholds are mentioned in the text provided, but the ability to prescribe numbers by Ordinance allows for flexibility in application.

Key Provisions

The main sections of the Constitution of the Order of Australia that have been amended by the Letters Patent dated 14 February 1975, as subsequently amended, are sections 14, 16, 18, and 30. Section 14 now permits the appointment of Companions (AC) to the Order, in any calendar year, subject to a prescribed limit. The former limit of 35 persons in any calendar year has been replaced by the number of persons prescribed by Ordinance. Similarly, Section 16 now permits the appointment of Officers (AO) to the Order, in any calendar year, subject to a prescribed limit. The former limit of 140 persons in any calendar year has been replaced by the number of persons prescribed by Ordinance. Section 18 permits the appointment of Members (AM) to the Order, in any calendar year, subject to a prescribed limit. The former limit of 340 persons in any calendar year has been replaced by the number of persons prescribed by Ordinance. Section 30, which deals with the powers of the Governor-General, has been amended to clarify that the Governor-General may make Ordinances on all matters related to the Order, except for matters that may be prescribed under section 30A. A new section, 30A, has been inserted, which allows the Governor-General to make Ordinances on the number of persons who may be appointed to the Order, in any calendar year, on the recommendation of the Prime Minister. The amendments impose certain obligations on the parties or entities governed by the Order of Australia. The Governor-General, as the principal officer of the Order, is now required to make Ordinances on the number of persons who may be appointed to the Order, in any calendar year, on the recommendation of the Prime Minister. This ensures that the appointments to the Order are made in accordance with the prescribed limits and the recommendations of the Prime Minister. The Prime Minister, in turn, is required to recommend the appropriate number of appointments to the Order, taking into account the merits of the candidates and the overall composition of the Order. The appointments to the Order are now subject to the prescribed limits, which are set out in the Ordinances made by the Governor-General. This ensures that the appointments are made in a transparent and accountable manner, and that the Order is not oversubscribed. The amendments do not impose any new offences, penalties, or civil/criminal consequences for breach. However, any breach of the prescribed limits on the number of appointments to the Order may result in legal action being taken against the Governor-General or the Prime Minister, depending on the circumstances of the breach. The maximum penalties for such offences are not specified in the Letters Patent or the Schedule of Amendments. It is worth noting that the Order of Australia is a society of honour, and any breach of the prescribed limits may be seen as a dishonour to the Order and its members. Therefore, it is important that the appointments to the Order are made in accordance with the prescribed limits and the recommendations of the Prime Minister.