Proclamation - Governor-General Absent from Australia 3 April 2023

Overview

The C2023G00394 Proclamation, issued in 2023, establishes the administrative framework for the interim governance of the Commonwealth of Australia in the absence of the Governor-General. Enacted by the Governor of the State of Victoria, the Honourable Linda Dessau, under the authority vested in her by the Commission dated 19 July 2016 from Her Late Majesty Queen Elizabeth the Second, the Act addresses the specific scenario where the Governor-General is out of Australia, incapacitated, or otherwise unable to perform their duties. This legislative instrument ensures continuity of government by allowing the Governor to assume the administration of the Government, thereby upholding the stability and constitutional order of the nation during periods of the Governor-General’s unavailability. The policy objective, as outlined in the text, is to maintain the effective administration of the Commonwealth in the absence of the primary governing authority.

Scope and Application

This proclamation pertains to the administrative framework of the Commonwealth of Australia in the context of the absence, death, incapacity, or removal of the Governor-General. Specifically, it identifies the circumstances under which the Governor of the State of Victoria, the Honourable Linda Dessau, is designated to assume the administration of the Government of the Commonwealth. The proclamation confirms that the Governor of Victoria is empowered to take on these responsibilities due to the current absence of the Governor-General out of Australia. This temporary appointment underscores the continuity of government and ensures that the administration of the Commonwealth remains uninterrupted. The proclamation is underpinned by the authority granted under the Commission issued by Her Late Majesty Queen Elizabeth the Second, dated 19 July 2016, and formalised by the prescribed oaths taken by Linda Dessau. This legislative instrument clarifies the jurisdictional and geographic scope by affirming the continuity of governance within the Commonwealth, reflecting the constitutional provisions that allow for such contingencies.

Key Provisions

The main operative sections of the Proclamation (C2023G00394) are found within the preamble and the body of the document itself. Section 1 outlines the circumstances under which the proclamation was issued, namely the absence of the Governor-General from Australia. Section 2 details the assumption of the administration of the Government of the Commonwealth of Australia by the Honourable Linda Dessau, who is named as the Administrator. The oaths taken by the Administrator, as specified in the document, are also a critical aspect of this section. Under this Act, the Administrator, Linda Dessau, has assumed the responsibilities of the Governor-General during their absence from Australia. This includes taking the prescribed oaths as outlined in the document, which signify the lawful transfer of duties and authority. The Administrator is tasked with administering the Government of the Commonwealth of Australia in accordance with the powers and duties vested in the Governor-General. The legislation imposes certain obligations and requirements on the Administrator, Linda Dessau, who now holds the position of administering the government in the absence of the Governor-General. The primary requirement is the lawful assumption of office, which includes taking the necessary oaths as stated in the document. Additionally, the Administrator must ensure that the government continues to function effectively and that all constitutional and legal duties are carried out during this period. Regarding the consequences for breach, the document does not explicitly outline specific offences, penalties, or consequences for non-compliance with the provisions of this proclamation. However, the importance of the oaths and the assumption of office suggests a significant legal and constitutional obligation on the part of the Administrator. Any failure to properly assume the role or to act in accordance with the duties outlined in the document could potentially have serious legal implications, though these are not detailed in the text provided.