Proclamation - Administrator of the Government of the Commonwealth of Australia

Overview

The Administrative Arrangements (Governor‑General's Absence) Proclamation 2015 was enacted to address the potential for a gap in the administration of the Government of Australia in the event of the Governor-General's absence from Australia, death, incapacity, removal, or temporary absence from office. This proclamation ensures that the continuity of government is maintained by appointing an Administrator to assume the administration of the Government in the specified circumstances. Enacted by the Governor of the State of South Australia, the Honourable Hieu Van Le, on behalf of the Commonwealth of Australia, the proclamation was made under the authority provided by the Constitution of Australia. The policy objective is to uphold the stability and efficiency of the government, ensuring that there is no disruption in the administration of the Commonwealth during the temporary absence or incapacitation of the Governor-General.

Scope and Application

This proclamation outlines the circumstances under which the Honourable Hieu Van Le has assumed the administration of the Government of the Commonwealth of Australia, acting on behalf of the Governor-General who is currently absent from Australia. The proclamation is in response to the Governor-General’s temporary absence, death, incapacity, or removal from office, and it delineates the scope of the Administrator's authority. The proclamation is based on the legal framework established by the Commission under Her Majesty Queen Elizabeth the Second, dated 13 March 2015. This temporary assumption of authority is specifically for the Commonwealth of Australia, with no indication of geographical or jurisdictional limitations beyond this scope. The proclamation does not specify any exclusions, exemptions, or thresholds, nor does it mention extensions or restrictions applied through subordinate instruments. The authority of the Administrator under this proclamation is limited to the period of the Governor-General's absence or incapacity, and the administration of the Government will revert to the Governor-General upon their return or resumption of duties.

Key Provisions

The primary operative sections of this Proclamation (sections 2 and 3) establish the authority and circumstances under which the Governor of South Australia, the Honourable Hieu Van Le, assumes the administration of the Commonwealth Government. Section 2 provides the basis for the Governor's appointment under the Commission by Queen Elizabeth the Second, while section 3 formalises the assumption of the administration of the Commonwealth Government by the Governor, Hieu Van Le, due to the absence of the Governor-General from Australia. These sections detail the legal process and authority by which the Governor takes over the governance of Australia, ensuring continuity of government in the absence of the Governor-General. The obligations and requirements imposed by this Act include the Governor of South Australia taking the prescribed oaths as mandated by section 2 and formally assuming the administration of the Commonwealth Government as outlined in section 3. The Governor is required to adhere to the terms of the Commission and the proclamation, ensuring that the governance of Australia continues seamlessly in the absence of the Governor-General. This involves the Governor exercising the powers and duties of the Governor-General, including the ceremonial and administrative responsibilities associated with the office. The Act does not explicitly outline specific offences, penalties, or consequences for breach, as it primarily serves as a formal proclamation of the assumption of duties by the Governor. However, any failure to adhere to the terms of the Commission or the legal requirements for assuming the administration of the Commonwealth Government could potentially lead to legal repercussions under relevant laws governing the office of the Governor-General and the administration of the Commonwealth. The precise legal consequences would depend on the nature and extent of any breach, but could involve judicial review or other legal actions to address the non-compliance.