Proclamation - Governor-General absent from Australia 23 May 2018

Overview

The Commonwealth of Australia, through the Governor-General's absence out of Australia, necessitated the administration of the Government under the provisions of the Constitution of the Commonwealth of Australia. In response to this, the Administrator of the Government Act 1919 was enacted to provide a clear legal framework for the temporary assumption of the Governor-General's powers. This Act ensures continuity of government in the absence of the Governor-General, addressing the potential gap in governance and maintaining the stability of the Commonwealth's administration. The Act was established by the Parliament of Australia to safeguard the constitutional framework and ensure there is no disruption in the governance of the country during the absence of the Governor-General. The policy objective of the Administrator of the Government Act 1919 is to provide a structured and lawful mechanism for the seamless transition of governmental responsibilities to an appointed Administrator in the event of the Governor-General's absence, incapacity, or removal from office. This Act ensures that the executive functions of the Commonwealth are not impeded and that the government continues to operate effectively, thereby maintaining the rule of law and public confidence in the nation's governance.

Scope and Application

The proclamation outlined in C2018G00393 pertains to the assumption of governmental administration by the Honourable Paul de Jersey, who was appointed as the Administrator of the Government of the Commonwealth of Australia in the absence of the Governor-General. This act applies specifically to Paul de Jersey, who, having fulfilled the necessary oaths, is now empowered to administer the government in accordance with the provisions set forth in the Commission dated 6 September 2014. The jurisdictional reach of this proclamation is national, impacting the governance and administrative processes at the federal level of the Commonwealth of Australia. The proclamation does not explicitly mention any exclusions, exemptions, or thresholds, nor does it extend or restrict its application through subordinate instruments, focusing solely on the transition of administrative responsibilities due to the temporary absence of the Governor-General from Australia.

Key Provisions

The main operative sections of the proclamation establish the authority of the Honourable Paul de Jersey as the Administrator of the Government of the Commonwealth of Australia under specific circumstances, namely the absence, death, incapacity, or removal of the Governor-General, or a temporary absence of the Governor-General from office (preamble). Section 4 of the document asserts that by taking the prescribed oaths, Paul de Jersey has assumed the administration of the Government of the Commonwealth of Australia as of 23 May 2018. This proclamation imposes obligations on Paul de Jersey to administer the Government of the Commonwealth of Australia in the absence of the Governor-General, ensuring the continuity of the government. It also places a responsibility on him to uphold the constitutional requirements and to act in accordance with the law during this period. The document explicitly notes that the transition of power is legitimate and authorised by the Commission dated 6 September 2014, signed by Her Majesty Queen Elizabeth the Second. In terms of legal consequences, there are no specified offences, penalties, or consequences mentioned in the proclamation itself. However, any failure by the Administrator to adhere to the constitutional duties and legal requirements during their term could potentially lead to legal challenges or consequences under the broader Australian Constitution and applicable laws. The maximum penalties for any such breaches would be determined by the courts based on the nature and severity of the breach, in accordance with the legal principles and statutes governing the administration of the Commonwealth government.