Overview

The Guidelines Concerning the Acceptance and Wearing of Foreign Honours and Awards by Australians, enacted in 2012, were introduced to establish a clear framework for Australian citizens who wish to accept and wear foreign honours and awards. This Act was enacted by the Parliament of Australia to provide a consistent set of guidelines and to ensure that the acceptance and wearing of such honours and awards do not conflict with Australian policy or interests. The policy objective is to maintain the integrity of the Australian honours system while allowing for the acceptance of foreign honours under specific conditions. The Act delegates the authority to the Governor-General, on the advice of the Prime Minister, to amend these guidelines as necessary, ensuring they remain relevant and aligned with Australia's international relations and policy objectives.

Scope and Application

The Guidelines concerning the acceptance and wearing of foreign honours and awards by Australians, as approved by Her Majesty The Queen, apply to Australian citizens and individuals in government service, including those employed by the Commonwealth, states, territories, or remunerated by any of these entities. These guidelines pertain to any foreign awards offered by heads of state or governments of countries with which Australia has diplomatic relations, official agencies of the United Nations, or other international organisations recognised diplomatically by Australia. The application of these guidelines is overseen by the Governor-General, who has the authority to amend them on the advice of the Prime Minister, with the Australian Government retaining the right to withhold permission for the acceptance of any foreign award deemed contrary to Australian policy or interests. Exemptions and exceptions are outlined in the guidelines, such as the allowance for the acceptance of foreign awards presented without prior warning to avoid giving offence, and the wearing of such awards at specific private functions or commemorative services, while formal permission is sought. The guidelines also detail the protocol for the wearing of foreign awards by government service personnel and the establishment of a Registrar of Awards to maintain a register of Australians granted permission to accept foreign awards.

Key Provisions

The Guidelines concerning the acceptance and wearing of foreign honours and awards by Australians (section 2) permit Australian citizens to accept and wear foreign awards when an offer is made by the Head of State or Government of a country with which Australia maintains diplomatic relations, an official agency of the United Nations, or other international organisations recognised diplomatically by Australia. Permission for formal acceptance and wearing of these awards can be given by the Governor-General, on the advice of the Prime Minister or the Minister responsible for the Australian honours system, and will be communicated by the Australian Honours and Awards Secretariat (section 3). For Australian Defence Force personnel, this permission will be subject to advice from the Minister for Defence or their delegate (section 4). The Guidelines impose several obligations on the parties involved. Australian citizens who receive a foreign award must seek formal approval for its acceptance and wearing. This involves submitting a proposal to the Australian Honours and Awards Secretariat, including full details of the reasons for the award (section 5). Government service personnel must also seek approval to wear foreign awards on official duty, adhering to their service's dress regulations (section 10). The Registrar of Awards, appointed by the Governor-General, is responsible for maintaining a register of those Australians who have been granted permission to accept and wear foreign awards (section 11). The Guidelines outline specific penalties and consequences for non-compliance. Although the Guidelines themselves do not specify explicit penalties, breaches of the approval process for wearing foreign awards could be considered misconduct under relevant service regulations, potentially leading to disciplinary action. Additionally, wearing foreign awards without official permission could be seen as a breach of Australian policy or interests, potentially resulting in the Australian Government not recommending permission for formal acceptance of any foreign award (section 7). Acceptance and wearing of foreign awards without prior warning is permissible to avoid giving offence but must be formally approved as soon as possible (section 6). Foreign awards presented without official permission can be worn on the right breast at private functions or special services of commemoration, but this is subject to the dress regulations and appropriate considerations of the service concerned (section 7). The Guidelines do not affect the right of Her Majesty The Queen to honour Australian subjects with awards within Her personal Order or other honours (section 14).