Proclamation - Administrator of the Government of the Commonwealth of Australia

Overview

The proclamation document C2019G00299, issued on 28 March 2019, relates to the Administration of the Government Act 1923, which was enacted to address the need for a mechanism to ensure the continuity of government in Australia in the event of the absence, death, incapacity, or removal of the Governor-General. The Act empowers the appointment of an Administrator of the Government to temporarily assume the role and responsibilities of the Governor-General under these circumstances. In this instance, the Honourable Paul de Jersey, who was already serving as the Governor of Queensland, has been appointed as the Administrator of the Government of the Commonwealth of Australia due to the Governor-General's temporary absence from Australia. The policy objective behind this appointment is to maintain the stability and continuity of the federal government's administration, ensuring that the Commonwealth's executive functions are uninterrupted during the absence of the primary constitutional officer.

Scope and Application

The proclamation outlines the circumstances under which the Honourable Paul de Jersey has assumed the administration of the Government of the Commonwealth of Australia, in the event of the Governor-General being absent from Australia, incapacitated, or removed from office. This legislation applies to the Administrator, in this case Paul de Jersey, and comes into effect upon the absence of the Governor-General out of Australia. The scope of the Act is limited to the temporary assumption of duties by the Administrator, and it does not address any permanent changes or long-term governance issues that may arise in the absence of the Governor-General. The jurisdictional reach of this proclamation is limited to the Commonwealth of Australia and is not intended to affect any state or territory legislation or administration. The proclamation does not provide for any exclusions, exemptions, or thresholds and is subject to any subordinate instruments that may be issued under the authority of the Commonwealth. This Act is intended to ensure a smooth transition of power in the event of the absence or incapacity of the Governor-General and to maintain the continuity of government in the Commonwealth of Australia.

Key Provisions

The Proclamation (Section 4) details the process by which the Honourable Paul de Jersey assumed the administration of the Government of the Commonwealth of Australia. It outlines the basis of his appointment, which was by Commission under Her Majesty Queen Elizabeth the Second's Royal Sign Manual and the Great Seal of Australia dated 6 September 2014. The Proclamation (Section 4) states that this appointment was made to administer the Government in the event of the Governor-General's absence out of Australia, death, incapacity, removal, or temporary absence from office. It notes that Paul de Jersey has assumed this role on 28 March 2019, having taken the prescribed oaths. Under this legislation, Paul de Jersey, as the Administrator of the Government, assumes all the powers and functions of the Governor-General. This includes the responsibility of overseeing the administration of the Commonwealth of Australia in the absence of the Governor-General. This role ensures continuity in governance and the smooth functioning of governmental processes during the period of the Governor-General’s absence. The obligations imposed by this Proclamation are primarily on Paul de Jersey, who must perform the duties and responsibilities of the Governor-General. This includes exercising the powers and functions vested in the office of the Governor-General, such as the appointment of ministers, the issuing of writs for elections, and the granting of Royal Assent to legislation. He must adhere to the constitutional and legal framework that governs the role of the Governor-General. There are no specific offences or penalties mentioned in this Proclamation as it is a formal statement of the assumption of duties rather than a piece of substantive legislation. However, any failure by Paul de Jersey to perform the duties of the Administrator as outlined could potentially lead to legal challenges regarding the legitimacy of actions taken during his administration. The maximum consequences would depend on the specific circumstances and could involve judicial review or other legal proceedings to address any breaches of the constitutional or legal framework governing the role of the Governor-General.