The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
,
Gough Whitlam
Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
of the
Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
(ALP), by
Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
Sir John Kerr
Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th Governor-General of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constit ...
, who then commissioned the
leader of the Opposition
The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
,
Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia.
Fraser was raised on hi ...
of the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
, as prime minister. It has been described as the greatest political and
constitutional crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this d ...
in Australian history.
The Labor Party under
Gough Whitlam
Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
came to power in the
election of 1972, ending 23 years of consecutive
Liberal-Country Coalition government. Labor won a majority in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
of 67 seats to the Coalition's 58 seats, but faced a hostile
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. In May 1974, after the Senate voted to reject six of Labor's non-supply bills, Whitlam advised then-Governor General Sir
Paul Hasluck
Sir Paul Meernaa Caedwalla Hasluck, (1 April 1905 – 9 January 1993) was an Australian statesman who served as the 17th Governor-General of Australia, in office from 1969 to 1974. Prior to that, he was a Liberal Party politician, holding min ...
to call a
double dissolution election. The election saw Labor re-elected with its House of Representatives majority reduced from 9 to 5 seats, although it gained seats in the Senate. With the two houses of Parliament still deadlocked, pursuant to section 57 of the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
, Whitlam was able to narrowly secure passage of the six "trigger bills" of the earlier double dissolution election in a
joint sitting of Parliament on 6–7 August 1974, the only such sitting held in Australia's history.
Whitlam's tenure in office proved highly turbulent and controversial, and in October 1975, the Opposition under
Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia.
Fraser was raised on hi ...
used its control of the Senate to defer passage of
appropriation bill
An appropriation, also known as supply bill or spending bill, is a proposed law that authorizes the expenditure of government funds. It is a bill that sets money aside for specific spending. In some democracies, approval of the legislature is ne ...
s needed to finance government expenditure, which had already been passed by the House of Representatives. Fraser and the Opposition stated that they would continue to
block supply in the Senate unless Whitlam called a fresh election for the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
, and urged Governor-General
John Kerr, who had been appointed governor-general on Whitlam's advice in July 1974, to dismiss Whitlam unless Whitlam acceded to their demand. Whitlam believed that Kerr would not dismiss him as prime minister, and Kerr did nothing to make Whitlam believe that he might be dismissed.
On 11 November 1975, the crisis came to a head as Whitlam went to seek Kerr's approval to call a half-Senate election in an attempt to break the parliamentary deadlock. Kerr did not accept Whitlam's request, and instead dismissed him as prime minister and appointed the leader of the Opposition,
Malcolm Fraser
John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia.
Fraser was raised on hi ...
, as
caretaker prime minister
A caretaker government is a temporary ''ad hoc'' government that performs some governmental duties and functions in a country until a regular government is elected or formed. Depending on specific practice, it usually consists of either randomly se ...
on the understanding that Fraser would immediately call a general election. Acting quickly before all ALP parliamentarians became aware of the change of government, Fraser and his parliamentary allies were able to secure passage of the supply bills through the Senate and advised Kerr to dissolve Parliament for a
double dissolution
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives (lower house) and the Senate (upper house). A double dissolution ...
election. Fraser and his Liberal-Country Coalition were elected with a massive majority in the
federal election held the following month.
The events of the Dismissal led to only minor constitutional change. The Senate retained its power to block supply, and the governor-general the power to dismiss government ministers; however, these powers have not since been used to force a government from office. Kerr was widely criticised by Labor supporters for his actions, resigned early as governor-general, and lived much of his remaining life abroad.
Background
Constitutional
![Fraser Malcolm BANNER](https://upload.wikimedia.org/wikipedia/commons/8/89/Fraser_Malcolm_BANNER.jpg)
As established by the Constitution of Australia, the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
is composed of two houses, the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
and the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, together with the
king
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
. The monarch is represented through the
governor-general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
, who has the
executive power
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state.
In political systems ba ...
granted in the Constitution, as well as rarely exercised
reserve powers
Reserve or reserves may refer to:
Places
* Reserve, Kansas, a US city
* Reserve, Louisiana, a census-designated place in St. John the Baptist Parish
* Reserve, Montana, a census-designated place in Sheridan County
* Reserve, New Mexico, a US v ...
. The reserve powers are those exercised by the governor-general without requiring advice, which is usually signified by the phrase "Governor-General in Council". Under The Australian Constitution the governor-general acts 'with the advice of the Federal Executive Council' in the appointment of government ministers, although ministers serve at his pleasure, and the Executive Council is appointed by the governor-general alone. The governor-general is ordinarily bound by convention to act only upon the advice of the government and the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, but can act independently and against advice in exercising the reserve powers. The governor-general can be removed by the King on the advice of the Australian prime minister. As Liberal Party leader Malcolm Fraser, who played a large part in the crisis, put it, "The Queen has tenure, and she couldn't be sacked. But a Governor-General holds office at pleasure, and if he ceases to please then he can be removed by a Prime Minister".
As in most
Westminster system parliaments, Australia's government is ordinarily formed by the party enjoying the
confidence
Confidence is a state of being clear-headed either that a hypothesis or prediction is correct or that a chosen course of action is the best or most effective. Confidence comes from a Latin word 'fidere' which means "to trust"; therefore, having ...
of the lower House of Parliament, the House of Representatives. However, Australia's Parliament also has a powerful upper house, the Senate, which must pass any legislation initiated by the House of Representatives if it is to become law. The composition of the Senate, in which each state has an equal number of senators regardless of that state's population, was originally designed to attract the Australian colonies into one Federation. The Constitution forbids the Senate from originating or amending a
money bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
Conv ...
, but places no limitation on the Senate's ability to defeat one. In 1970, Gough Whitlam, as Leader of the Opposition, stated of a budget bill, "Let me make it clear at the outset that our opposition to this Budget is no mere formality. We intend to press our opposition by all available means on all related measures in both Houses. If the motion is defeated, we will vote against the Bills here and in the Senate. Our purpose is to destroy this Budget and destroy the Government which has sponsored it".
The federal Senate had never blocked supply before 1975, even when it had been controlled by the opposition. In 1947, in response to the federal
Chifley Government's
attempt to nationalise the banks, the coalition-controlled upper house of the
Parliament of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
blocked the state budget in order to force a premature election. Labor Premier
John Cain John Cain may refer to:
*John Cain (34th Premier of Victoria) (1882–1957), Australian politician
*John Cain (41st Premier of Victoria) (1931–2019), Australian politician, son of the above
*John Cain (lawyer), Victorian Government Solicitor (200 ...
called a
snap election
A snap election is an election that is called earlier than the one that has been scheduled.
Generally, a snap election in a parliamentary system (the dissolution of parliament) is called to capitalize on an unusual electoral opportunity or to ...
and was defeated.
Prior to the 1975 crisis, the governor-general's power to dismiss a prime minister against the incumbent's will under Section 64 of the Constitution had never been exercised. However, in 1904 Labour Prime Minister
Chris Watson
John Christian Watson (born Johan Cristian Tanck; 9 April 186718 November 1941) was an Australian politician who served as the third prime minister of Australia, in office from 27 April to 18 August 1904. He served as the inaugural federal lead ...
advised an early election, but Governor-General Lord Northcote refused, triggering Watson's resignation and the appointment of Opposition Leader
George Reid
Sir George Houston Reid, (25 February 1845 – 12 September 1918) was an Australian politician who led the Reid Government as the fourth Prime Minister of Australia from 1904 to 1905, having previously been Premier of New South Wales f ...
as prime minister.
Twice since Federation, conflicts between
state premiers and
state governors, who perform analogous functions to the prime minister and governor-general respectively at the state level, had resulted in the departure of one or the other. In 1916, New South Wales Premier
William Holman
William Arthur Holman (4 August 1871 – 5 June 1934) was an Australian politician who served as Premier of New South Wales from 1913 to 1920. He came to office as the leader of the Australian Labor Party (New South Wales Branch), Labor Party, ...
was expelled from the
Australian Labor Party
The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
for supporting conscription. He managed to hold on to power with the aid of opposition parties and consulted the Governor,
Sir Gerald Strickland
Gerald Paul Joseph Cajetan Carmel Antony Martin Strickland, 6th Count della Catena, 1st Baron Strickland, (24 May 1861 – 22 August 1940) was a Maltese and British politician and peer, who served as Prime Minister of Malta, Governor of the Le ...
, proposing to pass legislation to extend the term of the
lower house of the state legislature by a year. When Strickland objected, stating that such a course was unfair to Labor, Holman had him replaced. In 1932 the New South Wales Labor premier,
Jack Lang, refused to pay money owed to the Federal government, which froze the state's bank accounts, causing Lang to order that payments to the state government be only in cash. The governor,
Sir Philip Game
Sir Philip Woolcott Game, (30 March 1876 – 4 February 1961) was a British Royal Air Force commander, who later served as Governor of New South Wales and Commissioner of Police of the Metropolis (London). Born in Surrey in 1876, Game was educa ...
, wrote to Lang, warning him that ministers were breaking the law, and that if they continued, he would have to obtain ministers who could carry on government within legal bounds. Lang replied that he would not resign, and
Game dismissed his government and commissioned the leader of the Opposition,
Bertram Stevens, to form a caretaker government pending a new election, in which Labor was defeated.
Among the powers granted to the governor-general is the power to dissolve both houses of Parliament under Section 57 of the Constitution in the event that the House of Representatives twice passes a bill at least three months apart and the Senate refuses to pass it. In both instances where those circumstances arose prior to the Whitlam Government, in 1914 and 1951, the governor-general dissolved Parliament for a "
double dissolution
A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives (lower house) and the Senate (upper house). A double dissolution ...
" election on the advice of the prime minister.
Political
Gough Whitlam's Labor government was
elected in 1972 after 23 years of rule by a
coalition
A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces.
Formation
According to ''A Gui ...
formed by the
Liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
and
Country
A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, while the ...
parties. The ALP Government enjoyed a nine-seat majority in the House of Representatives, but did not control the Senate, which had been elected in
1967
Events
January
* January 1 – Canada begins a year-long celebration of the 100th anniversary of Confederation, featuring the Expo 67 World's Fair.
* January 5
** Spain and Romania sign an agreement in Paris, establishing full consular and ...
and
1970
Events
January
* January 1 – Unix time epoch reached at 00:00:00 UTC.
* January 5 – The 7.1 Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity scale, Mercalli intensity of X (''Extrem ...
(as Senate elections were then out of synchronisation with House of Representatives elections). In accordance with pre-election promises, it instituted a large number of policy changes, and offered much legislation. The Opposition, which still controlled the Senate, allowed some Government bills to pass the Senate, and blocked others.
In April 1974, faced with attempts by the Opposition under
Billy Snedden
Sir Billy Mackie Snedden, (31 December 1926 – 27 June 1987) was an Australian politician who served as the leader of the Liberal Party from 1972 to 1975. He was also a cabinet minister from 1964 to 1972, and Speaker of the House of Represe ...
to block supply (appropriation bills) in the Senate, Whitlam obtained the concurrence of the governor-general, Sir
Paul Hasluck
Sir Paul Meernaa Caedwalla Hasluck, (1 April 1905 – 9 January 1993) was an Australian statesman who served as the 17th Governor-General of Australia, in office from 1969 to 1974. Prior to that, he was a Liberal Party politician, holding min ...
, to a double dissolution. Labor was returned at the
election on 18 May with a reduced House majority of five seats. The Coalition and Labor each had 29 Senate seats, with the balance of power held by two independents. Snedden later told author
Graham Freudenberg
Norman Graham Freudenberg (; 12 May 1934 – 26 July 2019) was an Australian author and political speechwriter who worked with the Australian Labor Party for over forty years, beginning when he was appointed Arthur Calwell's press secretary in ...
when being interviewed for the book ''A Certain Grandeur – Gough Whitlam in Politics'': "The pressure
o block supply
O, or o, is the fifteenth letter and the fourth vowel letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''o'' (pronounced ), plu ...
was on me from
Anthony
Anthony or Antony is a masculine given name, derived from the ''Antonia (gens), Antonii'', a ''gens'' (Roman naming conventions, Roman family name) to which Mark Antony (''Marcus Antonius'') belonged. According to Plutarch, the Antonii gens were ...
. We thought you had a chance of getting control of the Senate at the half-Senate election or at least enough to get a redistribution through. With a
gerrymander
In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
, you'd be in forever."
Hasluck had been governor-general since 1969, and his term was shortly due to expire. Whitlam wanted him to remain a further two years, but Hasluck declined, citing the refusal of his wife,
Alexandra
Alexandra () is the feminine form of the given name Alexander (, ). Etymologically, the name is a compound of the Greek verb (; meaning 'to defend') and (; GEN , ; meaning 'man'). Thus it may be roughly translated as "defender of man" or "prot ...
, to remain at
Yarralumla longer than the originally agreed five years.
Whitlam offered the post to businessman
Ken Myer
Kenneth Baillieu Myer, (1 March 1921 – 30 July 1992) was an American-born Australian patron of the arts, humanities and sciences; diplomat, administrator, businessman and philanthropist. He was a member of the notable Melbourne retailing Myer ...
, who turned it down. Whitlam then offered the position to his treasurer,
Frank Crean
Francis Daniel Crean (28 February 1916 – 2 December 2008) was an Australian politician who served as a member of the House of Representatives from 1951 to 1977, representing the Labor Party. He was a minister in the Whitlam Government, in ...
, and his own deputy,
Lance Barnard
Lance Herbert Barnard AO (1 May 19196 August 1997) was an Australian politician and diplomat. He was the deputy leader of the Australian Labor Party (ALP) from 1967 to 1974 and held senior ministerial office in the Whitlam Government, most no ...
, neither of whom was keen to move on from parliament. Finally, Whitlam turned to his fifth choice,
Sir John Kerr
Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th Governor-General of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constit ...
, the chief justice of New South Wales. Kerr was reluctant to give up the chief justiceship, in which he intended to remain another ten years, for the governor-general's post, which traditionally lasted five years. At Kerr's request, Whitlam informally agreed that if both men were still in office in five years, Kerr would be reappointed. Whitlam also secured legislation to address Kerr's financial concerns about the position, including authorising a pension for the governor-general or his widow. The leader of the Opposition,
Billy Snedden
Sir Billy Mackie Snedden, (31 December 1926 – 27 June 1987) was an Australian politician who served as the leader of the Liberal Party from 1972 to 1975. He was also a cabinet minister from 1964 to 1972, and Speaker of the House of Represe ...
, was enthusiastic about the appointment and also agreed to reappoint Kerr in five years, were he prime minister at the time. Kerr then agreed to take the post, was duly appointed by Queen
Elizabeth II
Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during ...
, and was sworn in on 11 July 1974.
Six of the bills that had been the subject of the double dissolution were introduced in Parliament a third time and, as expected, were again rejected by the Senate. Section 57 of the Constitution provides that, after a double dissolution election, if bills that had been rejected twice by the Senate in the previous parliament were again passed by the House and again rejected by the Senate, they could then be put to a
joint sitting
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose.
Most often it refers to when both houses of a bicame ...
of both houses. On 30 July, Whitlam gained Kerr's agreement for a joint sitting, which was set for 6–7 August 1974.
The joint sitting, the only one in Australia's history under Section 57, passed all six bills, including the enabling legislation for
Medibank
Medibank Private Limited, better known as simply Medibank, is one of the largest Australian private health insurance providers, covering 3.7 million people in 2021. Medibank initially started as an Australian Government not-for-profit insurer i ...
.
Controversy and vacancies
In December 1974, Whitlam was anxious to find new sources of money to finance his development plans. After a meeting at the prime minister's residence,
The Lodge, Whitlam and three of his ministers (
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some countries, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president, ...
and
Treasurer
A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance.
Government
The treasury o ...
Jim Cairns
James Ford Cairns (4 October 191412 October 2003) was an Australian politician who was prominent in the Labor movement through the 1960s and 1970s, and was briefly Treasurer and Deputy Prime Minister in the Whitlam government. He is best re ...
,
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
Senator
Lionel Murphy
Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the ...
, and Minister for Minerals and Energy
Rex Connor
Reginald Francis Xavier "Rex" Connor (26 January 190722 August 1977) was an Australian politician who served as a member of the House of Representatives from 1963 to his death, representing the Labor Party. He was the Minister for Minerals ...
) signed a letter of authority for Connor to borrow up to US$4 billion. This letter was described by author and journalist
Alan Reid as the "death warrant of the Whitlam ALP government".
Connor and other ministers had made contact with a hitherto obscure Pakistani financier, Tirath Khemlani, as early as November 1974. Khemlani was said to have contacts in the newly enriched Arab oil nations. None of the efforts to secure a loan, whether through Khemlani or by other routes, bore fruit, but, as information about the "
Loans Affair" trickled out, the government lost support.
In February 1975, Whitlam decided to appoint Senator Murphy a justice of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
, even though Murphy's Senate seat would not be up for election if a half-Senate election were held. Under proportional representation, Labor could win three of the five New South Wales seats, but if Murphy's seat was also contested, it was most unlikely to win four out of six. Thus, appointing Murphy would almost certainly cost the ALP a Senate seat at the next half-Senate election. Whitlam appointed Murphy anyway. By convention, senators appointed by the state legislature to fill
casual vacancies were from the same political party as the former senator. The New South Wales premier,
Tom Lewis, a member of the Liberal Party, felt that this convention only applied to vacancies caused by deaths or ill-health, and arranged for the legislature to elect
Cleaver Bunton
Cleaver Ernest Bunton (5 May 190220 January 1999) was a long-serving Mayor of Albury, New South Wales, Australia, who came to national prominence in 1975 when he was controversially appointed to the Senate by New South Wales Liberal Party Prem ...
, former mayor of
Albury
Albury () is a major regional city in New South Wales, Australia. It is located on the Hume Highway and the northern side of the Murray River. Albury is the seat of local government for the council area which also bears the city's name – the ...
and an independent.
By March 1975, many Liberal parliamentarians felt that Snedden was doing an inadequate job as Leader of the Opposition and that Whitlam was dominating him in the House of Representatives. Malcolm Fraser
challenged Snedden for the leadership on 21 March, and defeated him by 37 votes to 27. At a press conference after winning the leadership, Fraser stated:
Whitlam's original deputy prime minister,
Lance Barnard
Lance Herbert Barnard AO (1 May 19196 August 1997) was an Australian politician and diplomat. He was the deputy leader of the Australian Labor Party (ALP) from 1967 to 1974 and held senior ministerial office in the Whitlam Government, most no ...
, had been challenged and defeated for his post by Cairns in June 1974 shortly after the
May 1974 election. Whitlam then offered Barnard a diplomatic post; in early 1975 Barnard agreed to this. If the appointment went through, Barnard's resignation from the House of Representatives would trigger
a by-election in his Tasmanian electorate of
Bass
Bass or Basses may refer to:
Fish
* Bass (fish), various saltwater and freshwater species
Music
* Bass (sound), describing low-frequency sound or one of several instruments in the bass range:
** Bass (instrument), including:
** Acoustic bass gui ...
. ALP officials felt that, given the party's weakened state, Barnard should remain in Parliament and be given no preferment if he resigned; party president and future Prime Minister
Bob Hawke
Robert James Lee Hawke (9 December 1929 – 16 May 2019) was an Australian politician and union organiser who served as the 23rd prime minister of Australia from 1983 to 1991, holding office as the leader of the Australian Labor Party (A ...
described the decision to appoint Barnard as "an act of lunacy". Barnard had been losing support over the last several elections, and the Liberals needed only a swing of 4% to take Bass off Labor. The Liberals had a candidate,
Kevin Newman, who had been nursing the electorate; Labor had no candidate selected and a bitter preselection in the offing. Barnard resigned and was appointed the ambassador to Sweden. The election on 28 June proved a disaster for Labor, with Newman winning the seat on a swing of over 17%.
The next week, Whitlam fired Cairns for misleading Parliament regarding the Loans Affair amid innuendo about his relationship with his Principal Private Secretary,
Junie Morosi
Junie Morosi (born 26 July 1933) is an Australian businesswoman, who became a public figure in the 1970s through her relationship with Jim Cairns, Deputy Prime Minister in the Whitlam Labor government. Morosi's appointment as Cairns's principal p ...
. He was replaced as deputy by
Frank Crean
Francis Daniel Crean (28 February 1916 – 2 December 2008) was an Australian politician who served as a member of the House of Representatives from 1951 to 1977, representing the Labor Party. He was a minister in the Whitlam Government, in ...
. At the time of Cairns' dismissal, one Senate seat was vacant, following the death on 30 June of Queensland ALP Senator
Bertie Milliner
Bertie ("Bert") Richard Milliner (17 July 1911 – 30 June 1975) was an Australian trade unionist, politician and Senator, representing the Australian Labor Party (ALP). He would have been a minor figure in Australia's political history but for ...
. The state Labor party nominated
Mal Colston
Malcolm Arthur Colston (5 April 1938 – 23 August 2003) was an Australian politician who served as a Senator for Queensland from 1975 to 1999. He was a member of the Labor Party until 1996, when he resigned to sit as an independent following ...
, who was the highest unelected candidate on the party's Queensland list in 1974. This resulted in deadlock in Brisbane; the unicameral Queensland legislature twice voted against Colston, and the party refused to submit any alternative candidates. Queensland Country Party Premier
Joh Bjelke-Petersen
Sir Johannes Bjelke-Petersen (13 January 191123 April 2005), known as Joh Bjelke-Petersen, was a conservative Australian politician. He was the longest-serving and longest-lived premier of Queensland, holding office from 1968 to 1987, during ...
had evidence that Colston, a schoolteacher by trade, had set a school on fire during a labour dispute, though the police had refused to prosecute. After the legislature voted Colston down a second time, Bjelke-Petersen instructed his majority in the legislature to elect a low-level union official,
Albert Field
Albert Patrick Field (11 October 19101 July 1990) was an Australian Labor Party member. In 1975 he was chosen as a Senator in unusual circumstances that played a significant role in precipitating the 1975 Australian constitutional crisis. Gough ...
, who had contacted his office and expressed a willingness to serve. In interviews, Field made it clear he would not support Whitlam. Field was expelled from the ALP for standing against Colston, and Labor senators boycotted his swearing-in. Whitlam argued that because of the vacancies being filled as they were, the Senate was "corrupted" and "tainted", with the Opposition enjoying a majority they did not win at the ballot box. When Labor learned that Field had not given the required three weeks' notice to the
Queensland Department of Education
The Department of Education is a ministerial department of the Queensland Government responsible for the administration and quality of education in Queensland, Australia. The department is composed of two separate portfolios, Education Queen ...
, it challenged his appointment in the High Court, arguing that he was still technically a public servant–and thus ineligible to serve in the Senate. With Field on leave throughout the remainder of the crisis, the Coalition refused to provide a "
pair
Pair or PAIR or Pairing may refer to:
Government and politics
* Pair (parliamentary convention), matching of members unable to attend, so as not to change the voting margin
* ''Pair'', a member of the Prussian House of Lords
* ''Pair'', the Frenc ...
" to account for his absence, giving it an effective majority of 30–29 in the Senate. Whitlam remarked that if Milliner had not died or had he been replaced by a
ro Whitlamsenator, the crisis would not have happened.
Deadlock
Deferral of supply
![Senate, Old Parliament House, Canberra](https://upload.wikimedia.org/wikipedia/commons/7/77/Senate%2C_Old_Parliament_House%2C_Canberra.JPG)
On 10 October, the High Court ruled that the act passed at the joint sitting that gave the
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
(ACT) and the
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
two senators each was valid. A half-Senate election needed to be held by June 1976; most senators-elect would take their seats on 1 July, but the territorial senators and those filling Field's and Bunton's seats would take their places at once. The ruling meant that it was possible for the ALP to gain a temporary majority in the Senate, at least until 1 July 1976. To do so, the ALP would have to win Field's and Bunton's seats, and one seat in each territory, and have the second ACT seat fall to either a Labor candidate or an independent, former Liberal Prime Minister
John Gorton
Sir John Grey Gorton (9 September 1911 – 19 May 2002) was an Australian politician who served as the nineteenth Prime Minister of Australia, in office from 1968 to 1971. He led the Liberal Party during that time, having previously been a l ...
, now estranged from his party. If this happened, Labor would have an effective 33–31 margin, would be able to pass supply if that was still an issue, and also could pass
electoral redistribution laws (which had been passed by the House, though twice defeated by the Senate) that would give it an advantage at the next election.
The journalist and author
Alan Reid described the position of the Government and Opposition as the crisis became acute in mid-October:
In the wake of the High Court ruling, and with the appropriation bills due to be considered by the Senate on 16 October, Fraser was undecided whether to block supply. His biographer, Philip Ayres, contends that, had there been no further government scandals, he would not have done so. Khemlani, however, had alleged – contrary to government statements – that Connor had never revoked his authority to obtain loans and had been in regular contact with him even into mid-1975. On 13 October, the
Melbourne ''Herald'' printed documents in support of Khemlani's allegations, and on the following day, Connor resigned. Fraser determined to block supply, convened a
shadow cabinet meeting and received the unanimous support of the Coalition frontbench. At a press conference, Fraser cited the poor state of the economy and the continuing scandals as reasons for his decision. Without the passage of fresh appropriations, supply would be exhausted on 30 November.
On 15 October the Governor of Queensland, Sir
Colin Hannah
Air Marshal Sir Colin Thomas Hannah, (22 December 1914 – 22 May 1978) was a senior commander in the Royal Australian Air Force (RAAF) and a Governor of Queensland. Born in Western Australia, he was a member of the Militia before joining the ...
, gave a speech denigrating the Whitlam Government, in violation of the convention that state governors remain neutral. Hannah held a
dormant commission
A dormant commission is a commission in a Commonwealth realm that lies dormant or sleeping until it is triggered by a particular event.
Historically, a dormant commission was given in relation to a military command. During the Crimean War, Sir ...
as
Administrator of the Commonwealth to act as Governor-General in the event of Kerr's death, resignation, or absence from Australia. Whitlam immediately contacted
Buckingham Palace
Buckingham Palace () is a London royal residence and the administrative headquarters of the monarch of the United Kingdom. Located in the City of Westminster, the palace is often at the centre of state occasions and royal hospitality. It ...
to arrange for Hannah's dormant commission to be revoked, a process which took ten days to complete. Although Whitlam later alleged that he never contemplated dismissing Kerr during the crisis, on 16 October, while speaking with Kerr and visiting Malaysian Prime Minister
Tun Abdul Razak
Tun Haji Abdul Razak bin Dato' Hussein ( ms, عبد الرزاق بن حسين, label= Jawi, script=arab, italic=unset; 11 March 1922 – 14 January 1976) was a Malaysian lawyer and politician who served as the 2nd Prime Minister of Malaysia f ...
, he told Kerr that if the crisis continued, "It could be a question of whether I get to the Queen first for your recall, or whether you get in first with my dismissal". Kerr saw the statement as a threat; Whitlam later stated the comment was "flippant" and designed to turn the conversation to another subject.
On 16 and 17 October, the Senate, with the unanimous support of the Coalition majority, deferred the appropriation bills. The Coalition took the position that Kerr could dismiss Whitlam if the Government could not secure supply. Whitlam's former solicitor-general
Bob Ellicott
Robert James Ellicott, (15 April 1927 – 31 October 2022) was an Australian barrister, politician and judge. He served as Solicitor-General of Australia (1969–1973) before entering the House of Representatives at the 1974 federal election ...
, now a Liberal member of the House, issued a legal opinion on 16 October stating that the Governor-General had the power to dismiss Whitlam, and should do so forthwith if Whitlam could not state how he would obtain supply. Ellicott indicated that Whitlam was treating Kerr as if he had no discretion but to follow prime ministerial advice, when in fact the Governor-General could and should dismiss a ministry unable to secure supply. Ellicott stated that Kerr
Consultations and negotiations
Kerr's major confidante and secret adviser regarding the dismissal was a member of the High Court and friend of Kerr, Sir
Anthony Mason whose role was not revealed until 2012 when Whitlam's biographer
Jenny Hocking
Jennifer Jane Hocking is an Australian historian, political scientist and biographer. She is the inaugural Distinguished Whitlam Fellow with the Whitlam Institute at Western Sydney University, Emeritus Professor at Monash University, and f ...
detailed Kerr's archival record of their extensive consultations. Kerr described Mason as playing 'a most significant part in my thinking' and wrote of confiding in Mason 'to fortify myself for the action I was to take'. Mason's role included drafting a letter of dismissal for Kerr and he also claimed to have advised Kerr that he should 'as a matter of fairness' warn Whitlam of his intention to dismiss him, which Kerr refused to do. Mason writes that his discussions with Kerr began in August 1975 and concluded on the afternoon of 11 November 1975. He declined Kerr's requests to allow his role to be publicly known. Kerr rang Whitlam on Sunday 19 October, asking permission to consult with the Chief Justice of the
High Court, Sir
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a ...
, concerning the crisis. Whitlam advised Kerr not to do so, noting that no Governor-General had consulted with a Chief Justice under similar circumstances since 1914, when Australia was at a much earlier stage of her constitutional development. Whitlam also noted that in all of the recent unsuccessful High Court challenges to Whitlam government legislation, Barwick had been in the minority in finding against the government. On 21 October, Kerr phoned Whitlam regarding the Ellicott opinion, and asked, "It's all bullshit, isn't it?". Whitlam agreed with Kerr's view. Kerr then requested that the Government provide him with a written legal opinion rebutting Ellicott's views. Kerr would receive no written advice from the Government until 6 November. Journalist and author
Paul Kelly, who wrote two books on the crisis, paints this delay as a major mistake by Whitlam, given Kerr's judicial background. Kerr also asked on 21 October for Whitlam's permission to interview Fraser, which the Prime Minister readily granted, and the two men met that night. Fraser told Kerr that the Opposition were determined to block supply. Fraser indicated that the Opposition's decision to defer the appropriation bills, rather than defeating them, was a tactical decision, since then the bills would remain in the control of the Senate and could be passed at any time. He stated that the Coalition agreed with the Ellicott opinion, and proposed to continue deferring supply while it awaited events. The media were not told of the substance of the conversation, and instead reported that Kerr had reprimanded Fraser for blocking supply, causing the Governor-General's office to issue a denial.
Throughout the crisis, Kerr did not tell Whitlam of his increasing concerns, nor did he suggest that he might dismiss Whitlam. He believed nothing he said would influence Whitlam, and feared that, if Whitlam perceived him as a possible opponent, the Prime Minister would procure his dismissal from the Queen. Accordingly, though Kerr dealt with Whitlam in an affable manner, he did not confide his thinking to the Prime Minister. Labor Senator
Tony Mulvihill
James Anthony Mulvihill (27 April 1919 – 10 December 2000) was an Australian politician. Born in Sydney, he was educated at Catholic schools before becoming a railways employee. He was an official with the Australian Railways Union and the ...
later related that "Whitlam would come back to each caucus meeting and say, 'I saw His Excellency ... No worry. He's got to do it his way.' ... at no time did he hint that the Governor-General was frowning."
There was intense public interest and concern at the stalemate, and Fraser and his Liberals acted to shore up support. Liberal frontbenchers worked to build unity for the tactic in state organisations. The former longtime
Premier of South Australia
The premier of South Australia is the head of government in the state of South Australia, Australia. The Government of South Australia follows the Westminster system, with a Parliament of South Australia acting as the legislature. The premier is ...
Sir
Thomas Playford was speaking out against the blocking of supply, causing South Australia Senator
Don Jessop
Donald Scott Jessop (21 June 1927 – 21 May 2018) was an Australian politician. Born in Adelaide, he was educated at state schools and then the University of Adelaide, after which he became an optometrist at Port Augusta, South Australia, Port ...
to waver in his support for the tactic. Fraser was able to co-ordinate a wave of communications from party members which served to neutralise both men. Fraser sought the backing of the retired longtime Liberal Prime Minister, Sir
Robert Menzies
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of ''Hrōþ, Hruod'' ( non, Hróðr) "fame, glory ...
, and went to see Menzies in person, taking with him a 1947 statement by Menzies supporting the blocking of supply in the
upper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
of the
Victorian Parliament
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and ...
. He did not have to use the paper; Menzies stated that he found the tactic distasteful, but in this case necessary. The former Prime Minister issued a statement in support of Fraser's tactics.
Kerr invited Whitlam and
Minister for Labour Senator
Jim McClelland
James Robert McClelland (3 June 1915 – 16 January 1999) was an Australian lawyer, politician, and judge. He was a member of the Australian Labor Party (ALP) and served as a Senator for New South Wales from 1971 to 1978. He briefly held minis ...
to lunch on 30 October, immediately preceding an
Executive Council meeting. At that meal, Kerr proposed a possible compromise. If the Opposition were to allow supply to pass, Whitlam would not advise a half-Senate election until May or June 1976, and the Senate would not convene until 1 July, thus obviating the threat of a possible temporary Labor majority. Whitlam, who was determined to destroy both Fraser's leadership and the Senate's right to block supply, refused any compromise.
Decision
Fraser chaired a summit of leaders of the Coalition parties on 2 November. The resulting communiqué urged the Coalition senators to continue deferring supply. It also threatened, should Kerr grant Whitlam a half-Senate election, that the Coalition state premiers would advise their governors not to issue writs, thus blocking the election from taking place in the four states with non-Labor premiers. After the meeting, Fraser proposed a compromise: that the Opposition would concede supply if Whitlam agreed to hold a House of Representatives election at the same time as the half-Senate election. Whitlam rejected the idea.
On 22 October, Whitlam had asked the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
,
Kep Enderby
Keppel Earl Enderby (25 June 1926 – 7 January 2015) was an Australian politician and judge. Enderby was a member of the House of Representatives, representing the Australian Labor Party between 1970 and 1975 and became a senior cabinet minist ...
, to have a paper drafted rebutting the Ellicott opinion for presentation to Kerr. Enderby delegated this task to the Solicitor-General,
Maurice Byers
Sir Maurice Hearne Byers (10 November 191717 January 1999) was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 197 ...
, and other officials. On 6 November, Enderby was to see Kerr to give him a legal opinion regarding the Government's alternative plans in case supply ran out. Vouchers were to be issued to Commonwealth employees and contractors instead of cheques, to be redeemed from banks after the crisis ended—transactions which were to be rejected by major banks as "tainted with illegality". Enderby decided to present Kerr with the rebuttal to Ellicott. When Enderby reviewed the document, he found that, while it argued for the Government's position, it recognised both that the Senate had the constitutional right to block supply, and that the reserve powers were still extant—matters with which Enderby did not agree. He presented Kerr with the rebuttal, but crossed out Byers' signature on it and told Kerr of his disagreement. Enderby told Kerr that the Byers rebuttal was "background" for formal written advice, to be presented by Whitlam. Later that day, Kerr met with Fraser again. The Opposition leader told him that if Kerr did not dismiss Whitlam, the Opposition planned to criticise him in Parliament for failing to carry out his duty.
Kerr concluded on 6 November that neither Government nor Opposition would yield and had received advice that day from Treasurer Bill Hayden that supply would run out on 27 November. The Governor-General decided that, as Whitlam could not secure supply, and would not resign or advise an election for the House of Representatives, he would have to sack him. As Kerr feared that Whitlam might advise the Queen to dismiss him, he considered it important that Whitlam be given no hint of the impending action. Kerr later stated that were Whitlam to seek his dismissal, it would involve the Queen in politics. Seeking confirmation of his decision, he contacted Chief Justice Barwick, met with him and asked for his views of a dismissal of Whitlam. Barwick furnished him with written advice containing his view that a governor-general could and should dismiss a prime minister who was unable to obtain supply. Barwick specified that the prime minister should also not have refused either to resign or to advise a general election, with which Kerr agreed.
On 9 November, Fraser contacted Whitlam and invited him to negotiations with the Coalition aimed at settling the dispute. Whitlam agreed, and a meeting was set for 9 am on Tuesday 11 November, at Parliament House. That Tuesday was also the deadline for an election to be called if it were to be held before Christmas. Both Government and Opposition leaders were in Melbourne on the night of 10 November for the Lord Mayor's banquet. To ensure the Opposition leaders could reach Canberra in time for the meeting, Whitlam brought them back in his VIP aircraft, which arrived in Canberra at midnight.
Dismissal
Meeting at Yarralumla
![Government House, Canberra](https://upload.wikimedia.org/wikipedia/commons/f/fe/Government_House%2C_Canberra.jpg)
At 9 a.m. on 11 November, Whitlam, together with deputy prime minister
Frank Crean
Francis Daniel Crean (28 February 1916 – 2 December 2008) was an Australian politician who served as a member of the House of Representatives from 1951 to 1977, representing the Labor Party. He was a minister in the Whitlam Government, in ...
and
Leader of the House Fred Daly Fred Daly may refer to:
* Fred Daly (American football), American football player at Yale, head football coach at Williams College (1913–1914)
* Fred Daly (politician) (1912–1995), member of the Australian House of Representatives (194 ...
, met with Fraser and Country Party leader
Doug Anthony
John Douglas Anthony, (31 December 192920 December 2020) was an Australian politician. He served as leader of the National Party of Australia from 1971 to 1984 and was the second and longest-serving Deputy Prime Minister, holding the position ...
. No compromise could be reached. Whitlam informed the Coalition leaders that he would be advising Kerr to hold a half-Senate election on 13 December, and he would not be seeking interim supply for the period before the election. Thinking it unlikely that Kerr would grant the election without supply, Fraser warned Whitlam that the Governor-General might make up his own mind about the matter. Whitlam was dismissive and after the meeting broke, telephoned Kerr to tell him that he needed an appointment to advise him to hold a half-Senate election. Both men were busy in the morning, Kerr with
Remembrance Day
Remembrance Day (also known as Poppy Day owing to the tradition of wearing a remembrance poppy) is a memorial day observed in Commonwealth member states since the end of the First World War to honour armed forces members who have died in t ...
commemorations, and Whitlam with a caucus meeting and a censure motion in the House which the Opposition had submitted. The two discussed a meeting for 1:00 p.m., though Kerr's office later called Whitlam's and confirmed the time as 12:45. Word of this change did not reach the Prime Minister. Whitlam announced the request for a half-Senate election to his caucus, which approved it.
After hearing from Whitlam, Kerr called Fraser. According to Fraser, Kerr asked him whether he, if commissioned prime minister, could secure supply, would immediately thereafter advise a double-dissolution election, and would refrain from new policies and investigations of the Whitlam Government pending the election. Fraser stated that he agreed. Kerr denied the exchange took place via telephone, though both men agree those questions were asked later in the day before Kerr commissioned Fraser as prime minister. According to Kerr, Fraser was supposed to come to Yarralumla at 1.00 pm.
Whitlam was delayed in leaving Parliament House, while Fraser left slightly early, with the result that Fraser arrived at Yarralumla first. He was taken into an anteroom, and his car was moved. Whitlam maintained that the purpose in moving Fraser's car was to ensure that the Prime Minister was not tipped off by seeing it, stating, "Had I known Mr. Fraser was already there, I would not have set foot in Yarralumla". Kelly doubted Whitlam would have recognised Fraser's car, which was an ordinary
Ford LTD from the car pool. According to Fraser biographer Philip Ayres, "A white car pulled up at the front would signify nothing in particular—it would simply be in the way".
Whitlam arrived just before 1:00 p.m. and was taken to Kerr's office by an aide. He brought with him the formal letter advising a half-Senate election, and after the two men were seated, attempted to give it to Kerr. According to Kerr, he interrupted Whitlam and asked if, as a result of the failure to find a compromise between party leaders, he intended to govern without parliamentary supply, to which the Prime Minister answered, "Yes". In their accounts of their meeting, both men agree that Kerr then told Whitlam about the decision to withdraw his commission as prime minister under Section 64 of the Constitution. Kerr later wrote that at this point Whitlam got to his feet, looked at the office's phones, and stated, "I must get in touch with the Palace at once". According to Kerr, this indicated that Whitlam would not try to negotiate with him about a general election but contact the Queen for his recall, which gave him the final reason to carry out the dismissal; he answered that it was too late to get in touch with the Palace because Whitlam was not prime minister any more. Whitlam, however, later disputed that such words were spoken, and stated that he asked Kerr whether he had consulted the Palace, to which Kerr replied that he did not need to, and that he had the advice of Barwick. Both accounts agree that Kerr then handed Whitlam a letter of dismissal and statement of reasons, stating that they would both have to live with this, to which Whitlam replied, "''You'' certainly will". The dismissal concluded with Kerr wishing Whitlam luck in the election, and offering his hand, which the former prime minister took.
After Whitlam left, Kerr called Fraser in, informed him of the dismissal, and asked if he would form a caretaker government, to which Fraser agreed. Fraser later stated that his overwhelming sensation at the news was relief. Fraser left to return to Parliament House, where he conferred with Coalition leaders, while Kerr joined the luncheon party that had been waiting for him, apologising to his guests and offering the excuse that he had been busy dismissing the Government.
Parliamentary strategy
Whitlam returned to The Lodge, where he had lunch. When his aides arrived, he informed them of his sacking. Whitlam drafted a resolution for the House, expressing confidence in his Government. No ALP Senate leaders were at The Lodge, nor did Whitlam and his party contact any when they drove back to Parliament House, confining their strategy to the House of Representatives.
Prior to Whitlam's dismissal, the Labor leadership decided to introduce a motion that the Senate pass the appropriation bills. With ALP senators unaware of Whitlam's sacking, that plan went ahead. Senator
Doug McClelland
Douglas McClelland (born 5 August 1926) is an Australian former politician who served as a Senator for New South Wales from 1962 to 1987, representing the Australian Labor Party (ALP). He was Minister for the Media (1972–1975) and Special ...
, manager of the ALP Government's business in the Senate, informed Coalition Senate leader
Reg Withers
Reginald Greive Withers (26 October 1924 – 15 November 2014) was a long-serving member of the Australian Senate, a government minister, and Lord Mayor of Perth.
Early life
Withers was born in Bunbury, Western Australia. Withers was the son o ...
of Labor's intent at about 1.30 pm. Withers then attended a leadership meeting where he learned of Fraser's appointment and assured the new prime minister he could secure supply. When the Senate convened, the ALP Senate leader,
Ken Wriedt
Kenneth Shaw Wriedt (11 July 192718 October 2010) was an Australian politician and leader of the Tasmanian branch of the Australian Labor Party.
Wriedt was born in Melbourne, of Danish ancestry. His early life included time spent as a seaman.< ...
, made the motion to pass the appropriation bills. As Wriedt did so, he was told that the government had been sacked, which he initially refused to believe. Authoritative word did not reach Wriedt until 2.15 pm, by which time it was too late to withdraw the motion and instead obstruct his party's appropriation bill to hinder Fraser. At 2.24 pm, Labor's appropriation bills passed the Senate, fulfilling Fraser's first promise of providing supply.
In the House, desultory debate on Fraser's censure motion ended with it being amended by the ALP majority into a condemnation of Fraser and passed on a party line vote. By 2.34 pm, when Fraser rose and announced that he had been commissioned as prime minister, word of the dismissal had spread through the House. Fraser announced his intent to advise a double dissolution, and moved that the House adjourn. His motion was defeated. Fraser's new government suffered repeated defeats in the House, which passed a motion of no confidence in him, and asked the Speaker,
Gordon Scholes
Gordon Glen Denton Scholes AO (7 June 1931 – 9 December 2018) was an Australian politician. He was a member of the Australian Labor Party (ALP) and served in the House of Representatives from 1967 to 1993, representing the Division of Corio ...
, to urge the Governor-General to recommission Whitlam. Scholes, attempting to communicate this to the Governor-General, was initially told that an appointment might not be possible that day, but after stating that he would reconvene the House and tell them of the refusal, was given an appointment with Kerr for 4.45 pm.
Dissolution
![Whitlam dismissal 19751111 Sydney](https://upload.wikimedia.org/wikipedia/commons/1/1f/Whitlam_dismissal_19751111_Sydney.jpg)
After the appropriation bills were approved by both Houses, they were sent over to Yarralumla where Kerr gave them
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
. With supply assured, Kerr then received Fraser, who advised him that 21 bills (including the electoral redistribution bills) which had been introduced since the last election fulfilled the double dissolution provisions of Section 57. Fraser asked that both Houses be dissolved for an election on 13 December. Kerr signed the proclamation dissolving Parliament, and sent his
Official Secretary,
David Smith, to proclaim the dissolution from the front steps of Parliament House.
At 4.45, Kerr received Scholes, and informed him of the dissolution. Kerr wrote that "nothing else of relevance" took place between the two men, but Scholes's account is that he accused Kerr of bad faith for making an appointment to receive the Speaker, and then not waiting to hear from him before dissolving Parliament. Whitlam later stated that it would have been wiser for Scholes to take the appropriation bills with him, rather than having them sent ahead. Kerr's action was based on the advice he had received from two High Court judges (Mason and Chief Justice Barwick) and the Crown Law Officers (Byers and Clarence Harders, the Secretary of the Attorney-General's Department).
As Scholes and Kerr spoke, Smith reached Parliament House. The dismissal was by then publicly known, and an angry crowd of ALP supporters had gathered, filling the steps and spilling over both into the roadway and into Parliament House itself. Many of the demonstrators were ALP staffers; others were from the
Australian National University
The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
. Smith was forced to enter Parliament House through a side door and make his way to the steps from the inside. He read the proclamation, though the boos of the crowd drowned him out, and concluded with the traditional "God save the Queen". Former Prime Minister Whitlam, who had been standing behind Smith, then addressed the crowd:
Aftermath
Campaign
![Domain 19751124](https://upload.wikimedia.org/wikipedia/commons/0/0a/Domain_19751124.jpg)
The news that Whitlam had been dismissed spread across Australia during the afternoon, triggering immediate protest demonstrations. On 12 November, Scholes wrote to the Queen, asking her to restore Whitlam as prime minister. The reply from her
private secretary
A private secretary (PS) is a civil servant in a governmental department or ministry, responsible to a secretary of state or minister; or a public servant in a royal household, responsible to a member of the royal family.
The role exists in t ...
,
Sir Martin Charteris, dated 17 November 1975, stated:
On 12 November 1975, the
First Fraser Ministry was sworn in by Kerr. By some accounts, Kerr sought reassurance at that meeting that the Coalition senators would not have given in before supply ran out, "The Senate would never have caved in, would it?" According to those accounts, Senator
Margaret Guilfoyle
Dame Margaret Georgina Constance Guilfoyle (; née McCartney; 15 May 192611 November 2020) was an Australian politician who served as a senator for Victoria from 1971 to 1987, representing the Liberal Party. She was the first woman to hold a c ...
laughed and said to a colleague, "That's all he knows". Guilfoyle later stated that, if she did make such a remark, it was not meant to imply that the Coalition senators would have broken. However, Kelly lists four Coalition senators who stated, in subsequent years, that they would have crossed the floor and voted for the appropriation bills.
Labor believed it had a chance of winning the election, and that the dismissal would be an electoral asset for them. However, some Labor strategists believed the party was heading for a disaster, with few economic accomplishments to point to and an electorate whose emotions would have cooled before polling day. Nonetheless, Whitlam, who began campaigning almost immediately after the dismissal, was met with huge crowds wherever he went; 30,000 people overspilled the
Sydney Domain for the official campaign launch on 24 November. That evening, Whitlam made a major speech at
Festival Hall in Melbourne before 7,500 people and a national TV audience, calling 11 November "Fraser's day of shame—a day that will live in infamy".
Polls were released at the end of the first week of campaigning, and showed a nine-point swing against Labor. Whitlam's campaign did not believe it at first, but additional polling made it clear that the electorate was turning against the ALP. The Coalition attacked Labor for the economic conditions, and released television commercials "The Three Dark Years" showing images from the Whitlam government scandals. The ALP campaign, which had concentrated on the issue of Whitlam's dismissal, did not begin to address the economy until its final days. By that time Fraser, confident of victory, was content to sit back, avoid specifics and make no mistakes. There was little violence in the campaign, but three letter bombs were placed in the post; one wounded two people in Bjelke-Petersen's office, while the other two, addressed to Kerr and Fraser, were intercepted and defused.
During the campaign, the Kerrs purchased a Sydney apartment, as Sir John was prepared to resign in the event that the ALP triumphed. In the
13 December election, the Coalition won a record victory, with 91 seats in the House of Representatives to the ALP's 36 and a 35–27 majority in the expanded Senate.
Reactions
The dismissal is considered the greatest political and constitutional crisis in Australia's history.
In 1977, the Fraser Government proposed four constitutional amendments via
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
, three of which passed—the last time that the Australian Constitution has been amended.
One of the amendments requires that a senator appointed to fill a casual vacancy be from the same party as the former senator. The Senate retains the power to block supply; the Governor-General retains the power to dismiss ministers (including the Prime Minister). However, these powers have not since been used to force a government from office.
In the wake of the dismissal, the ALP turned its anger on Kerr. Demonstrations marked his appearances, while the remaining ALP parliamentarians boycotted his opening of the new parliament. Whitlam, now Leader of the Opposition, refused all invitations to events at
Yarralumla, which the Kerrs continued to extend until his refusal of an invitation during the Queen's 1977 visit caused them to feel that no further efforts need be made. Whitlam never spoke with Kerr again. Even ALP parliamentarians who had been friends of Kerr broke off their relationships, feeling Kerr had betrayed the party and had ambushed Whitlam.
Lady Kerr stated that she and her husband confronted a "new irrational scene swarming with instant enemies".
Whitlam repeatedly castigated Kerr for his role in the dismissal. When Kerr announced his resignation as governor-general on 14 July 1977, Whitlam commented: "How fitting that the last of the
Bourbons
The House of Bourbon (, also ; ) is a European dynasty of French origin, a branch of the Capetian dynasty, the royal House of France. Bourbon kings first ruled France and Navarre in the 16th century. By the 18th century, members of the Spanish ...
should bow out on
Bastille Day
Bastille Day is the common name given in English-speaking countries to the national day of France, which is celebrated on 14 July each year. In French, it is formally called the (; "French National Celebration"); legally it is known as (; "t ...
". After Kerr resigned as governor-general, he still sought a government position, reasoning that it had been his intent to remain for ten years as governor-general. However, Fraser's attempt to appoint Kerr as ambassador to
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
(a position later held by Whitlam) provoked such public outcry that the nomination was withdrawn. The Kerrs spent the next several years living in Europe, and when he died in Australia in 1991, his death was not announced until after he was buried.
In 1991, Whitlam stated that no future governor-general was likely to act as Kerr did lest he also became the subject of "contempt and isolation". In 1997 he said that the letter of dismissal "had the shortcomings of being ''
ex tempore
''Ex tempore'' (Latin for "out of the moment“) is a legal term that means 'at the time'. A judge who hands down a decision in a case soon or straight after hearing it is delivering a decision ''ex tempore''. Another way a judge may deliver a de ...
'', ''
ex parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all ...
'', ''
ad hoc
Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.)
Com ...
'' and ''
sub rosa
''Sub rosa'' (New Latin for "under the rose") denotes secrecy or confidentiality. The rose has an ancient history as a symbol of secrecy.
History
In Hellenistic and later Roman mythology, roses were associated with secrecy because Cupid ga ...
''". In 2005, Whitlam called Kerr "a contemptible person".
On the other hand, Country Party leader and deputy prime minister
Doug Anthony
John Douglas Anthony, (31 December 192920 December 2020) was an Australian politician. He served as leader of the National Party of Australia from 1971 to 1984 and was the second and longest-serving Deputy Prime Minister, holding the position ...
said: "I can't forgive Gough for crucifying him". Sir Garfield Barwick was not spared Whitlam's invective; the former Prime Minister described him as "evil".
Whitlam resigned as ALP leader after the party suffered its second successive electoral defeat in
1977
Events January
* January 8 – Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group.
* January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic R ...
. Fraser served over seven years as Prime Minister, and left the Liberal leadership after the Coalition was defeated in the
March 1983 election. Years later, Whitlam and Fraser put aside their differences; Whitlam wrote in 1997 that Fraser "did not set out to deceive me". The two campaigned together in support of
the 1999 referendum that would have made Australia a republic.
According to Whitlam speechwriter
Graham Freudenberg
Norman Graham Freudenberg (; 12 May 1934 – 26 July 2019) was an Australian author and political speechwriter who worked with the Australian Labor Party for over forty years, beginning when he was appointed Arthur Calwell's press secretary in ...
, "the residual rage over the conduct of the Queen's representative found a constructive outlet in the movement for the
Australian Republic".
Freudenberg summed up Kerr's fate after the dismissal:
Assessment
In his 1995 survey of the events of the crisis, ''November 1975'', Kelly places blame on Fraser for initiating the crisis and on Whitlam for using the crisis to try to break Fraser and the Senate. However, he places the most blame on Kerr, for failing to be candid with Whitlam about his intentions, and for refusing to offer a clear, final warning before dismissing him. According to Kelly,
Kerr's predecessor as governor-general,
Sir Paul Hasluck
Sir Paul Meernaa Caedwalla Hasluck, (1 April 1905 – 9 January 1993) was an Australian statesman who served as the 17th Governor-General of Australia, in office from 1969 to 1974. Prior to that, he was a Liberal Party politician, holding min ...
, believed that the fundamental reason for the crisis was the lack of trust and confidence between Whitlam and Kerr, and that the proper role of the governor-general had been to provide counsel, advice and warning.
Future Labor Prime Minister
Paul Keating
Paul John Keating (born 18 January 1944) is an Australian former politician and unionist who served as the 24th prime minister of Australia from 1991 to 1996, holding office as the leader of the Australian Labor Party (ALP). He previously serv ...
, who was
Minister for Northern Australia in Whitlam's ministry, called the dismissal a "coup" and raised the idea to "arrest
err and "lock him up", adding that he would not have "
aken
Aken may refer to:
*Aken (god), in Ancient Egyptian religion
*Aken (Elbe), a town in Saxony-Anhalt, Germany
*Aachen, a city in Germany
*Aken (novel), a 1996 novel by Madis Kõiv
{{disambiguation ...
it lying down" if he was prime minister, during a 2013 interview with
Kerry O'Brien.
Royal involvement
Neither Whitlam nor Kerr ever suggested there had been any covert royal involvement.
[Whitlam dismissal: Queen, CIA played no role in 1975](_blank)
Paul Kelly and Troy Bramston, The Australian
''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...
, 26 December 2015 According to Whitlam's biographer
Jenny Hocking
Jennifer Jane Hocking is an Australian historian, political scientist and biographer. She is the inaugural Distinguished Whitlam Fellow with the Whitlam Institute at Western Sydney University, Emeritus Professor at Monash University, and f ...
, Kerr's papers in the
National Archives of Australia
The National Archives of Australia (NAA), formerly known as the Commonwealth Archives Office and Australian Archives, is an Australian Government agency that serves as the national archives of the nation. It collects, preserves and encourages ...
reveal that he discussed his reserve powers and the possibility that he would dismiss the Whitlam government with
Charles, Prince of Wales
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to ...
, in September 1975.
[Hocking p.312] Kerr asked what would happen if he dismissed Whitlam and the prime minister retaliated by dismissing him. According to Kerr, Charles had responded: "But surely, Sir John, the Queen should not have to accept advice that you should be recalled at the very time when you were considering having to dismiss the government". Kerr writes in his journal that Prince Charles informed the Queen's Private Secretary,
Sir Martin Charteris, of this. Charteris then wrote to Kerr to say that, should this "contingency" arise, "although the Queen would try to delay things, in the end she would have to take the Prime Minister's advice".
Heseltine confirmed this account. Among the documents Hocking cites from Kerr's papers is a list prepared by Kerr of key points on the dismissal which includes his discussion with Prince Charles and "Charteris' advice to me on dismissal". Paul Kelly has rejected Hocking's allegations. He wrote that the September 1975 conversation is not mentioned in Kerr's other memoirs, that it would have taken place before the crisis began, and that it would have only revealed Kerr's paranoia about being dismissed by Whitlam. Kelly noted accounts of surprise at the palace when they heard of Kerr's decision.
Beginning in 2012, Hocking attempted to gain the release of correspondence between the Queen's advisors and Kerr regarding the dismissal, held by the National Archives. In 2016, Hocking launched a Federal Court action against the National Archives seeking the release of the '
Palace letters
The Palace letters, sometimes labelled as the Palace papers, were letters between Queen Elizabeth, through her Private Secretary Martin Charteris, and Australian Governor-General Sir John Kerr around the time of the 1975 constitutional crisi ...
', correspondence between Kerr, the Queen and Charteris held by the Archives but not available for view. The action was lost in the Full Court, but on 29 May 2020 Hocking's appeal to the
High Court succeeded: and in a majority 6:1 decision the High Court held that the Palace letters are "Commonwealth records" (not personal property) and therefore available for public release under the provisions of th
Archives Act 1983
On 14 July 2020, the letters were released online without redaction. They revealed that, although Kerr had corresponded with Charteris about whether he had the constitutional authority to dismiss Whitlam, he had not informed the Queen in advance of his decision to do so. However, the letters also revealed that Kerr had discussed the possibility of dismissing Whitlam as early as July 1975. Also, on 2 October 1975, Sir Martin Charteris confirmed in a letter that Kerr had discussed with Prince Charles the possibility that Whitlam could ask the Queen to dismiss Kerr.
Popular culture
The 1983 miniseries ''
The Dismissal'' dramatised the events of 1975 Australian constitutional crisis. It featured
Max Phipps
Maxwell John Phipps (18 November 1939 – 6 August 2000) was an Australian actor, known for a number of roles in theatre, films and television during the 1960s until the end of the 1990s.
Life and career
Phipps was born in Dubbo and grew up in ...
as Whitlam,
John Meillon
John Meillon, ( ; 1 May 1934 – 11 August 1989), was an Australian character actor, known for many straight as well as comedy roles, he became most widely known internationally as Walter Reilly in the films ''Crocodile Dundee'' and ''Crocodil ...
as Kerr and
John Stanton as Fraser.
See also
*
Philip Game#Dismissal, New South Wales, 1932; "He's done a Game on me" said Whitlam
*
Easter Crisis of 1920
The Easter Crisis ( da, Påskekrisen) was a constitutional crisis in Denmark around Easter in 1920. It was a significant event in the development of constitutional monarchy in Denmark. It began with the dismissal of the elected government by the re ...
in Denmark
*
King–Byng Affair, a similar Canadian constitutional crisis in 1926
*
1953 Pakistani constitutional coup
Governor-General Ghulam Mohammad dismissed Pakistani Prime Minister Khawaja Nazimuddin's government in 1953 despite the Prime Minister enjoying the support of the Constituent Assembly and, subsequently, dismissed Pakistan's first constituent ass ...
*
2008–09 Canadian parliamentary dispute
*
2011–12 Papua New Guinean constitutional crisis
*
Tuvaluan constitutional crisis
The Tuvaluan constitutional crisis was a political dispute in Tuvalu between the government, led by Prime Minister of Tuvalu, Prime Minister Willy Telavi, and the opposition, led by Enele Sopoaga, that was precipitated by the death of the Minister ...
of 2013
*
2018 Sri Lankan constitutional crisis
A constitutional crisis began in Sri Lanka when President Maithripala Sirisena appointed former president and member of parliament Mahinda Rajapaksa as Prime Minister on 26 October 2018 before formally dismissing the incumbent Ranil Wickremesing ...
*
Government shutdowns in the United States
In the United States, government shutdowns occur when there is a failure to enact Appropriations bill (United States), funding legislation to finance the government for its next fiscal year or a temporary funding measure. Ever since a 1980 inte ...
Notes
Bibliography
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Further reading
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External links
Statement from John Kerr(dated 11 November 1975) explaining his decisions.
an
a 1994 interview in which Fraser gives his perspective on his actions.
* Official site o
The Whitlam Institutenbsp;– contains many news reports and speeches from the time under "Whitlam Government" tab.
The Malcolm Fraser Collection at the University of Melbournewhitlamdismissal.comnbsp;– privately maintained web site with background, source documents and audio/video clips.
*
* Listen to an excerpt of Gough Whitlam'
'Kerr's Cur' speecho
australianscreen onlineThe Kerr Palace Letters at the National Archives of Australia
{{DEFAULTSORT:1975 Australian Constitutional Crisis
Constitutional crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this d ...
Australian constitutional crisis
History of the Australian Labor Party
Gough Whitlam
Malcolm Fraser
1975 in Australian law
October 1975 events in Australia
November 1975 events in Australia