Terminations and Cancellations Ordinance (Amendment)

Overview

The Terminations and Cancellations Ordinance 2007 was enacted by the Governor-General of the Commonwealth of Australia under section 30 of the Constitution of the Order of Australia. The primary purpose of this ordinance was to provide the Governor-General with the authority to terminate appointments and cancel awards in the Order of Australia, as well as the Medal of the Order of Australia, under specific circumstances. This was done to address the need for a formal process to address situations where individuals who hold appointments or awards in the Order of Australia may have engaged in conduct that is inconsistent with the values and principles of the Order. The policy objective of the ordinance is to ensure that the Order of Australia maintains its integrity and reputation by removing individuals who have acted in a manner that brings disrepute to the Order or who no longer meet the standards required of its members. The ordinance grants the Governor-General the power to terminate appointments or cancel awards based on a range of factors, including criminal convictions, civil penalties, adverse findings by courts or tribunals, and behaviour that brings disrepute to the Order. The ordinance also provides for a process for the Secretary of the Order to notify individuals of proposed terminations or cancellations and to provide them with an opportunity to object. The ordinance further outlines the circumstances in which the Governor-General may act without the advice of the Council or the Minister of State for Defence. Overall, the Terminations and Cancellations Ordinance 2007 represents an important step towards ensuring that the Order of Australia remains a prestigious and respected institution.

Scope and Application

The Prerogative instrument C2010Q00032 pertains to the Terminations and Cancellations Ordinance and is applicable to individuals who hold an appointment or award under the Order of Australia, encompassing both the General Division and the Military Division. This ordinance provides the Governor-General with the authority to terminate an appointment or cancel an award under specific circumstances, such as a conviction for a crime, imposition of a civil penalty, adverse findings by a court or tribunal, or conduct that brings disrepute to the Order. The Governor-General may exercise this authority with or without the advice of the Council or the Minister of State for Defence, as deemed appropriate. Additionally, the ordinance mandates that the Secretary of the Order must notify individuals whose appointments or awards are under consideration for termination or cancellation, providing them with the opportunity to object to the proposed action. The ordinance applies nationally within the Commonwealth of Australia, covering all states and territories, and it does not specify any exclusions, exemptions, or thresholds. The scope of the ordinance may be extended or further defined through subordinate instruments, although the primary text does not explicitly mention any such instruments.

Key Provisions

The main operative sections of this ordinance (C2010Q00032) concern the ability of the Governor-General to terminate appointments or cancel awards within the Order of Australia (section 3). This action can be taken under various circumstances as outlined in section 4. The Governor-General may terminate an appointment or cancel an award for reasons such as a conviction for a crime or offence, imposition of a civil penalty, an adverse finding by a court or tribunal, behaviour bringing disrepute to the Order, or if the information used to make the appointment or award was false or misleading (section 4(1)-(6)). The Governor-General may act with or without the advice of the Council or the Minister of State for Defence, depending on the division of the Order in question (section 3(2)-(3)). The obligations imposed by this ordinance primarily fall on the Secretary of the Order. They are required to notify in writing a person whose appointment or award has been recommended for termination or cancellation, detailing the proposed action and the reasons (section 5(1)). Additionally, the Secretary must ensure that any objections are communicated to the Council, and if no objection is received within 35 days, the Secretary must notify both the person and the Governor-General (section 5(3) and section 6(4)). The ordinance does not explicitly detail offences, penalties, or consequences for breach within its text. However, it is implied that the authority to terminate appointments and cancel awards is a significant power that carries with it a degree of responsibility and accountability. The process for objections and notifications indicates a procedural fairness requirement. While the ordinance itself does not specify penalties for non-compliance with these procedures, breaches of the underlying legal principles of natural justice or procedural fairness could potentially have legal ramifications in a court of law.