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 The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister

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 ...

and appoint

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 his replacement, unprecedented actions in Australian federal politics. Kerr was born in

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...

to working-class parents. He won scholarships to Fort Street Boys' High School and the

University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...

, where he studied law. His legal career was interrupted by the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, during which he served with the

Australian Army The Australian Army is the principal Army, land warfare force of Australia, a part of the Australian Defence Force (ADF) along with the Royal Australian Navy and the Royal Australian Air Force. The Army is commanded by the Chief of Army (Austral ...

Directorate of Research and Civil Affairs The Directorate of Research and Civil Affairs (DORCA) was a mysterious and difficult-to-categorise think tank and possibly intelligence organisation within the Australian Army during World War II. Set up and headed by the charismatic Alf Conlon, ...

(DORCA) and attained the rank of

colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...

. After the war's end he became the inaugural head of the

Australian School of Pacific Administration The Australian School of Pacific Administration (ASOPA) was a tertiary institution established by the Australian Government to train administrators and later school teachers to work in Papua New Guinea. It became the International Training Insti ...

. Kerr returned to the

bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...

in 1949 and became one of Sydney's leading

industrial law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...

yers. He joined 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) and was briefly an endorsed candidate for the 1951 federal election. He let his membership lapse after the party split of 1955. Kerr served terms as president of the New South Wales Bar Association and the Law Council of Australia. He was appointed to the

Commonwealth Industrial Court The Commonwealth Industrial Court, known as the Australian Industrial Court from 1973, was a specialist court to deal with industrial matters, principally the enforcement of awards and orders of the Commonwealth Conciliation and Arbitration Com ...

in 1966, later serving on

territory A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...

supreme courts and as

Chief Justice of New South Wales The Chief Justice of New South Wales is the senior judge of the Supreme Court of New South Wales and the highest-ranking judicial officer in the Australian state of New South Wales. The Chief Justice is both the judicial head of the Supreme Court ...

(1972–1974). On the nomination of ALP prime minister Gough Whitlam, Kerr was appointed governor-general in July 1974. The Whitlam Government did not hold a majority in 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 ...

, and following a series of controversies in 1975, most notably the Loans Affair, 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 ...

opposition leader Malcolm Fraser decided to block supply in an attempt to force an early election. Kerr regarded the situation as untenable, believing the prime minister was obliged to either resign or call a

general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...

, which Whitlam was unwilling to do. On 11 November 1975, Kerr used his

reserve power In a parliamentary or semi-presidential system of government, a reserve power, also known as discretionary power, is a power that may be exercised by the head of state without the approval of another branch or part of the government. Unlike in ...

s as governor-general to dismiss Whitlam and his ministry, appointing Fraser to lead a

caretaker government 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 ...

. He immediately granted Fraser's request for a double dissolution, leading to a federal election that saw Whitlam and the ALP defeated in a landslide. The dismissal of the government sparked demonstrations from Whitlam's supporters, with the anger directed at Kerr a major factor in his early retirement in December 1977 and subsequent withdrawal from public life. The propriety, legality and wisdom of his actions surrounding the dismissal have been subject to considerable debate and analysis.

Early life

Kerr was born in Balmain,

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, on 24 September 1914. He was the eldest of three children born to Laura May (née Cardwell) and Harry Kerr; his younger brother Dudley was born in 1917 and younger sister Elaine in 1926. Kerr's parents and maternal grandparents were Australian-born, while his paternal grandparents came from Sunderland, England, arriving in Sydney in 1886. He came from a line of waterside workers—his father was a

boilermaker A boilermaker is a tradesperson who fabricates steel, iron, or copper into boilers and other large containers intended to hold hot gas or liquid, as well as maintains and repairs boilers and boiler systems.Bureau of Labor Statistics, US De ...

, his grandfather was a

stevedore A stevedore (), also called a longshoreman, a docker or a dockworker, is a waterfront manual laborer who is involved in loading and unloading ships, trucks, trains or airplanes. After the shipping container revolution of the 1960s, the number ...

, and his great-grandfather was a

shipwright Shipbuilding is the construction of ships and other floating vessels. It normally takes place in a specialized facility known as a shipyard. Shipbuilders, also called shipwrights, follow a specialized occupation that traces its roots to befor ...

. At the time of his son's birth, Kerr's father was employed at the

Eveleigh Railway Workshops The Eveleigh Railway Workshops is a heritage-listed former New South Wales Government Railways yards and railway workshops and now venue hire, public housing and technology park located at Great Southern and Western railway, Redfern, City of ...

. He was sacked three months later, but soon found work at the

Cockatoo Island Dockyard The Cockatoo Island Dockyard was a major dockyard in Sydney, Australia, based on Cockatoo Island. The dockyard was established in 1857 to maintain Royal Navy warships. It later built and repaired military and battle ships, and played a key role ...

, which were at full capacity due to the ongoing war. He was involved in the union movement, and participated in a number of strikes, including the 1917 general strike, during which he went without pay for two months. Work at the docks became irregular after the war's end, and he eventually rejoined the railways in 1925.Hall (1978), pp. 4–6. For the first two years of his life, Kerr and his parents lived with his paternal grandparents in a weatherboard cottage in Balmain. They later rented cottages in

Rozelle Rozelle is a suburb in the inner west of Sydney, in the state of New South Wales, Australia. It is located 4 kilometres west of the Sydney central business district, in the local government area of the Inner West Council. Location Rozelle s ...

and

Dulwich Hill Dulwich Hill is a suburb in the Inner West of Sydney, in the state of New South Wales, Australia. It is 7.5 kilometres south-west of the Sydney central business district, in the local government area of Inner West Council. Dulwich Hill str ...

, buying the latter outright only in 1949. Kerr began his education at the Birchgrove Public School. He won a scholarship to attend the prestigious Fort Street Boys' High School, where he excelled academically. He topped the school in English, history, and chemistry in his final year. His contemporaries remembered him as quite aloof; one of his few close friends was

Francis James Alfred Francis James (21 April 191824 August 1992) was an Australian publisher known for being imprisoned in China as a spy. Early life James was born in Queenstown, Tasmania, the son of an Anglican priest. His early life was unsettled as his ...

. In deciding to pursue law as a career, Kerr found a role model in

H. V. Evatt Herbert Vere Evatt, (30 April 1894 – 2 November 1965) was an Australian politician and judge. He served as a judge of the High Court of Australia from 1930 to 1940, Attorney-General and Minister for External Affairs from 1941 to 1949, and l ...

, a fellow Fortian who in 1930 became the youngest-ever High Court judge; in the same year, Evatt completed a doctoral thesis on the

royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...

. Kerr's father knew Evatt through his membership of the Labor Party, which Evatt would eventually lead, and had helped him on his successful campaign for the state seat of Balmain in 1925. Evatt became the first in a series of patrons who helped Kerr progress in his career despite a relatively humble background.

Legal career

In 1932, Kerr began studying law at the

. He again excelled academically, winning a number of prizes, but had little interest in extra-curricular activities. One of his closest friends was

Ken Gee Kenneth Gee (23 September 1916 – 17 April 1989) was an English rugby league footballer who played in the 1930s, 1940s and 1950s. He played at representative level for Great Britain winning 17 caps between 1946 and 1951, England winning 18-ca ...

, who eventually joined him on the judiciary but was also known for his flirtation with

Trotskyism Trotskyism is the political ideology and branch of Marxism developed by Ukrainian-Russian revolutionary Leon Trotsky and some other members of the Left Opposition and Fourth International. Trotsky self-identified as an orthodox Marxist, a rev ...

. Kerr eventually graduated in 1936 with first-class honours and the

University Medal A University Medal is one of several types of award conferred by universities upon outstanding students or members of staff. The usage and status of university medals differ between countries and between universities. As award on graduation Many ...

. He was called to the

bar in 1938. The same year, Kerr married Alison "Peggy" Worstead, with whom he had three children. He spent

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

working for the Australian intelligence organisation and

think tank A think tank, or policy institute, is a research institute that performs research and advocacy concerning topics such as social policy, political strategy, economics, military, technology, and culture. Most think tanks are non-governmenta ...

,Sligo, Graeme. 2012. ''The Backroom Boys: Conlon and Army's Directorate of Research and Civil Affairs, 1942–46'', Big Sky Publishing. the

. In 1946 he became principal of the

and the first Secretary-General of the South Pacific Commission. Kerr returned to the bar in 1948, becoming a prominent lawyer representing trade union clients and a member of the Labor Party.Sir John Kerr, ''Matters for Judgment'', Macmillan Australia 1978 He intended to seek Labor endorsement for a parliamentary seat at the 1951 election, but withdrew in favour of another candidate. After the Labor Party split of 1955, however, he became disillusioned with party politics. He disliked what he saw as the Labor Party's leftward trend under Evatt's leadership, but was not attracted to the breakaway group, the Democratic Labor Party. Later in the 1950s, he joined the anti-communist advocacy group established by the United States'

CIA The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian intelligence agency, foreign intelligence service of the federal government of the United States, officially tasked with gat ...

, the Association for Cultural Freedom, joining its executive board in 1957.2003: ''

Killing Hope ''Killing Hope: U.S. Military and CIA Interventions since World War II'' by William Blum is a history book on covert CIA operations and United States military interventions during the second half of the 20th century. The book takes a strongly cri ...

: U.S. Military and CIA Interventions Since World War II'', revised edition, London:Zed Books/Claremont, South Africa:Spearhead In the 1960s Kerr became one of Sydney's leading industrial lawyers. In the 1950s he had become a QC. In 1964 he was one of a group of lawyers (which also included future NSW Premier

Neville Wran Neville Kenneth Wran, (11 October 1926 – 20 April 2014) was an Australian politician who was the Premier of New South Wales from 1976 to 1986. He was the national president of the Australian Labor Party (ALP) from 1980 to 1986 and chairman ...

) who lent their expertise to the defence of the publishers of the satirical magazine '' Oz'' when they were prosecuted for obscenity.

Judicial career

In 1966 Kerr was appointed a judge of the

and, later, to several other judicial positions. During this period his political views became more conservative. He became a friend of

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 ...

, the

attorney-general who became Chief Justice of the High Court of Australia in 1964. Kerr was the first chairman of the

Law Association for Asia and the Western Pacific Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...

(LawAsia), founded by Justice Paul Toose and John Bruce Piggot in 1966. Kerr served as chairman of that organisation until 1970. Kerr was appointed

in 1972. Sir Paul Hasluck was due to retire as

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 ...

in July 1974, and the prime minister,

, needed to find a suitable replacement. His first choice,

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 Mye ...

, declined; he then offered the post to Mr Justice Kerr (as he then was), who accepted on condition that he could expect to have ten years in the office, and that he could represent Australia overseas as head of state.Barry Jones, ''A Thinking Reed'', p. 200 These discussions commenced in September 1973. Kerr was announced as Governor-General-designate on 27 February 1974, by which time he had become Sir John Kerr. He had been knighted in the New Year's Honours of 1974, on the advice of the

Premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster Parliamentary System, with a Parliament of New South Wales acting as the legislature. ...

, Sir Robert Askin, after Whitlam had declined to endorse his predecessor

Billy McMahon Sir William McMahon (23 February 190831 March 1988) was an Australian politician who served as the 20th Prime Minister of Australia, in office from 1971 to 1972 as leader of the Liberal Party of Australia, Liberal Party. He was a government m ...

's recommendation for that honour, which Hasluck had wisely held back pending the outcome of the December 1972 election. Kerr did not know Whitlam well, although they had shared legal chambers some years earlier, but he had remained friends with several ministers in Whitlam's government, such as

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 ...

and Joe Riordan. Kerr's wife Peggy was a fellow student of

Margaret Whitlam Margaret Elaine Whitlam, AO (née Dovey; 19 November 1919 – 17 March 2012) was an Australian social campaigner, author, and athlete. She was the wife of Gough Whitlam, the 21st Prime Minister of Australia from 1972 to 1975, and a representa ...

during university days. Whitlam seems to have believed that, because of Kerr's former membership in the Labor Party, he was still politically "reliable", without realising that Kerr's political views had changed and that he had come to see the role of Governor-General differently from Whitlam.

Governor-General

The Whitlam Government had won a second term in May 1974 following a double dissolution and picked up an additional three Senate seats, leaving it on equal numbers with the Liberal-Country party coalition and with the balance of power held by two independents. The new parliament was opened by Sir Paul Hasluck on 9 July, and Kerr was sworn in as Governor-General on 11 July. The disputed bills that had led to the double dissolution were reintroduced, and, as expected, were again rejected. The conditions for a joint sitting of the parliament had now been met. On 30 July, Kerr signed a proclamation convening the historic Joint Sitting of the Australian Parliament on 6 and 7 August. All the contested bills were passed. On 9 September his wife Peggy died after a long illness, aged 59. In April 1975, he married Anne Robson, who had recently divorced her first husband, Hugh Robson QC, a New South Wales judge and former colleague of Kerr's. Through her, Kerr acquired two stepchildren. During 1975 the government was enveloped by a series of ministerial scandals (the " Loans Affair"), which resulted in the sacking of two senior ministers,

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 ...

and Deputy Prime Minister,

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 r ...

. The Liberal Opposition Leader,

, decided to use the Senate to block the government's budget bills, thus forcing an early election for the House of Representatives (this is called "blocking

supply Supply may refer to: *The amount of a resource that is available **Supply (economics), the amount of a product which is available to customers **Materiel, the goods and equipment for a military unit to fulfill its mission *Supply, as in confidenc ...

"). On paper, 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 ...

gave the Governor-General wide-ranging powers, including the power to appoint and dismiss ministers and to dissolve Parliament. However, by 1975, the office was viewed as having become almost entirely ceremonial, and it was understood that in most cases the Governor-General was bound to act on the advice of the Prime Minister and Cabinet. Whitlam and others held the view that the Governor-General had no discretion in the exercise of these powers; that they must always be exercised on the advice of the Prime Minister and never otherwise. Kerr and others disagreed fundamentally with this view, arguing the Constitution very clearly set out the Governor-General's powers. In addition to the powers normally exercised only on the advice of the Prime Minister, there are certain uncodified

s, exercisable on the Governor-General's own initiative. Kerr chose to make a study of the reserve powers through his earlier professional relationship with Evatt, the author of the standard work on the reserve powers as they applied to the British Dominions, ''The King and His Dominion Governors'' (1936). Kerr was familiar with this book, and re-read it before accepting Whitlam's offer of the governor-generalship.

1975 crisis

In October 1975 the Liberal-Country party opposition coalition in the Senate (led by Malcolm Fraser) voted to defer consideration of the supply bills until the Whitlam government agreed to 'submit itself to the Australian people', and a political stalemate resulted. With the full support of caucus Whitlam announced that if the Opposition continued to block Supply in the Senate, he would call an early half-Senate election in December. For the next 4 weeks Fraser deferred any vote on these bills. On 6 November Whitlam informed Kerr that, if the Opposition continued to deny a vote on Supply in the Senate, he would call an early half-Senate election the following Tuesday—11 November 1975. The necessary paperwork was then drawn up and drafts exchanged between the Prime Minister's office and Government House over the next 4 days. On the morning of 11 November Whitlam rang Kerr and confirmed the wording of the announcement he would make in the House of Representatives that afternoon, setting the half-Senate election in train. Fraser was also aware of these considerations. He knew that several Liberal senators were uneasy about the blocking of supply, and might not be relied on for much longer—as was indeed confirmed by Liberal Senator Reg Withers after the dismissal. He also saw evidence in the opinion polls that the public was unhappy about the action of the Senate in delaying supply with the coalition polling dropping 10% in the 4 weeks during which Supply was blocked. For this reason, he was keen to see the crisis brought to an early conclusion. Intervention by the Governor-General was the only clear remedy in the event that supply could not be legislated and the prime minister declined to advise an election. On 16 October, the Liberal frontbencher,

Robert 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 ...

(a former Commonwealth Solicitor-General) published with Fraser's approval a legal opinion which he had prepared for the Shadow Cabinet, arguing that the Governor-General had both the right and the duty to dismiss the government if it could not obtain supply. Kerr told Whitlam and other government ministers that he considered Ellicott's view to be 'bullshit'. On 17 October, Whitlam told an interviewer that the Governor-General could not intervene in the crisis in view of the convention that he must always act on the advice of his Prime Minister. Whitlam said later that he intended these remarks to protect Kerr, by making clear his view that the Governor-General had no power to intervene. Kerr saw himself as an active player in the unfolding political drama. He made it clear in several conversations with ministers that he did not accept the view that the Governor-General could play no role in the crisis until supply actually ran out: he saw it as his duty to help prevent things from getting to that stage. On 30 October, he proposed a compromise solution to Whitlam and Fraser which would have, in effect, meant a backdown by Fraser (Kerr proposed that the Opposition allow the supply bills to be passed in return for Whitlam's abandoning plans to call an early Senate election), but Fraser did not agree to this. On 2 November, Fraser offered to pass the bills if Whitlam would agree to call an election before the middle of 1976, but Whitlam in turn rejected that solution. Kerr's personal relationship with Whitlam by this stage was not strong, he had been upset by suggestions that the Executive Council had acted improperly during the Loans Affair and, moreover, he was suspicious that if Whitlam knew he was contemplating dismissing the Government, he (Whitlam) would react by pre-emptively advising the

Queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...

to dismiss Kerr instead. Whitlam for his part assumed with characteristic confidence that Kerr would act predictably in the conventional manner of previous vice-regal appointees, was in full sympathy with the Government's position, and would do nothing to act against him.

The dismissal

Kerr had another meeting with Fraser (with Whitlam's approval) on 6 November. At this meeting Fraser increased the pressure on Kerr, advising him that the Opposition would not back down and would not accept any compromise, warning him that, if he did not take action against Whitlam, then the Opposition would begin to make direct public criticism of him for having "failed in his duty".Paul Kelly, ''Paradise Divided'', Fraser urged Kerr to bring about an election before the end of 1975. The provisions of the Electoral Act meant that the last date on which a 1975 election could be announced was 11 November. On 9 November, Kerr consulted the Chief 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 ...

. Kerr asked Barwick to advise him on whether he had the constitutional power to dismiss Whitlam, and Barwick advised him, in writing, that he did. He also advised him that at least one other High Court justice,

Sir Anthony Mason Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court of Australia, High Court in 1972, ...

, concurred in this view. Kerr appears to have made up his mind on 9 November to dismiss Whitlam. He felt it necessary not to disclose this intention to Whitlam and his ministers because of his fear that Whitlam would advise the

to exercise her constitutional power to terminate Kerr's commission as Governor-General. In so doing, Kerr was aware of the precedent set by

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 ...

, the

Governor of New South Wales The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...

, who had dismissed Jack Lang's government in 1932. Game had warned Lang in advance that if he, Lang, did not withdraw certain regulations, then he, Game, would dismiss him. This allowed Lang to seek Game's dismissal if he dared, which he did not. On the morning of Tuesday, 11 November, Whitlam phoned Kerr and arranged to see him at 12:45 pm after the

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 ...

ceremonies. Kerr also arranged for Fraser to come "a quarter of an hour later. Mr Fraser was not told why I wanted him to come." Fraser later claimed that Kerr telephoned himAyres P ''Malcolm Fraser: A Biography'' William Heinemann Australia 1987, and asked him whether, if he were commissioned as Prime Minister, he would: * pass the budget bills, * call an immediate double dissolution election for both houses of Parliament, and * make no appointments, initiate no new policies, and conduct no inquiries into the previous government, before such an election. Fraser recalled answering "yes" to all these questions. In his memoirs Kerr denied making such a phone call to Fraser, but Fraser was adamant in all subsequent accounts that he did. The House of Representatives was suspended at 12:55 pm for the luncheon break. Whitlam arrived at

Government House Government House is the name of many of the official residences of governors-general, governors and lieutenant-governors in the Commonwealth and the remaining colonies of the British Empire. The name is also used in some other countries. Gover ...

at 1 pm, 15 minutes late. Fraser had arrived earlier and been shown into another room. Whitlam and Kerr met alone in Kerr's study. Kerr knew that Whitlam intended to ask for a half-Senate election, one which would need to be conducted without supply,. So, after reconfirming that Whitlam's intention was to govern without parliamentary supply, Kerr withdrew his commission and served on him the letter of dismissal. Kerr claimed Whitlam then sought to telephone Buckingham Palace to advise Kerr's dismissal, but Whitlam has always denied this. At a press conference that afternoon he said "The Governor-General prevented me getting in touch with the Queen by just withdrawing the commission immediately" In an article in ''Quadrant'' magazine (March 2005, Volume 49, Number 3), David Smith, Kerr's Official Secretary, claimed that Whitlam knew of Kerr's intentions, the Queen had already made her position of non-intervention known to Whitlam and Kerr, and Kerr had called a double dissolution to be fair to both candidates, sincerely believing that Whitlam could win back government with the necessary majority in both houses. When Whitlam had left, Kerr summoned Fraser and asked him the same questions which Fraser claims to have answered that morning. When Fraser answered affirmatively, Kerr then commissioned him as Prime Minister. Kerr later put forward five propositions to justify his actions: * The Senate had the right under Section 53 of the Constitution to block supply. * The Government had an obligation to obtain supply through Parliament. * If the Government could not obtain supply, it had either to resign or call an election. * If the Government refused to do either of these things, the Governor-General had a right and a duty to act to intervene. * Since the Prime Minister could at any time advise the Queen to terminate the Governor-General's commission, the Governor-General had a right to dismiss the Government without advance warning of his intention to do so. Kerr later stated that Whitlam represented "something that perhaps I might have been, had I stayed in the party as he did", and it has been suggested that the Dismissal was "as much a case of a thwarted ego seeking his place in history as Whitlam's mismanagement of the economy". After Kerr's death, his former embittered close friend, Whitlam cabinet member James McClelland, claimed that Kerr had long aspired to be "top dog in Australia"; that Kerr had once made a pass at him; and that the Dismissal could only be fully understood if Kerr's alleged repressed homosexuality was factored in—that an infatuation with Whitlam had become one for Fraser.

After the dismissal

The news that Whitlam had been dismissed spread across Australia during the afternoon, resulting in angry protest demonstrations by his supporters. Over the following month, leading to the double dissolution election scheduled for 13 December 1975, Whitlam and ALP supporters constantly and intensely denigrated Kerr, no doubt in the belief that the electorate would prove sympathetic to the deposed Labor government. In the ensuing

election campaign A political campaign is an organized effort which seeks to influence the decision making progress within a specific group. In democracies, political campaigns often refer to electoral campaigns, by which representatives are chosen or referend ...

, the Australian Labor Party's focus was predominantly on the asserted illegitimacy of the dismissal (with the slogan of "Shame Fraser, Shame"), while the Coalition focused on criticism of Labor's economic management. Some expected a major backlash against Fraser in favour of Whitlam (who had launched his campaign by calling upon his supporters to "maintain your rage"), based on opinion polls in October and early November which had shown disapproval of Fraser's tactics. Once the election was called, however, the majority focused on the economy and responded to the Liberals' slogan "Turn on the lights". Despite the passion of Labor supporters, furious at what they saw as an establishment plot to destroy a Labor government, Labor suffered its greatest-ever loss (7.4% down on its 1974 vote) at the hands of the Coalition, which continued to hold power until 1983. Labor supporters continued to voice criticism and demonstrate against Kerr. He found the personal attacks on him and his wife (whom Whitlam and others accused of having been a sinister influence) deeply wounding. For the rest of his term as Governor-General, Kerr was rarely able to appear in public without encountering angry demonstrations. On one occasion his life was thought to be endangered when he was unable to leave a speaking engagement in Melbourne except by having his car drive through an angry crowd. Labor parliamentarians, federal and state, refused to accept his legitimacy as Governor-General, shunning official functions where he was in attendance. Near the end of his term, he famously appeared drunk when he presented the 1977

Melbourne Cup The Melbourne Cup is a Thoroughbred horse race held in Melbourne, Australia. It is a 3200-metre race for three-year-olds and over, conducted by the Victoria Racing Club on the Flemington Racecourse in Melbourne, Victoria as part of the Melb ...

Resignation

Concern about his health may have been one reason why he cut short his five-year term and stood down in December 1977. In fact, his resignation had already been proposed as early as March 1977, during the Queen's visit. Fraser denounced Kerr's detractors as "a hostile and bitter minority" whose actions were unjustified. Kerr was appointed to the post of 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 ...

, an office which he felt unable to take up because of continuing bitter attacks on him both inside and outside the Parliament.

Bill Hayden William George Hayden (born 23 January 1933) is an Australian politician who served as the 21st governor-general of Australia from 1989 to 1996. He was Leader of the Labor Party and Leader of the Opposition from 1977 to 1983, and served as ...

, the new leader of the Labor Party, now in opposition, was one of the critics of the UNESCO appointment. In the Parliament he stated, "The appointment of John Kerr as Ambassador ... is not just an indecent exercise of the rankest cynicism. It is in every respect an affront to this country."

Later life and death

According to historian

Phillip Knightley Phillip George Knightley (23 January 1929 – 7 December 2016) was an Australian journalist, critic, and non-fiction author. He became a visiting Professor of Journalism at the University of Lincoln, England, and was a media commentator on the ...

, "The remaining years of Sir John Kerr's life were miserable ones. He was subject to relentless harassment whenever he appeared in public."Phillip Knightley, ''Australia – Biography of a Nation'', Vintage, London 2000 He therefore moved to London "where he could be seen most days, usually the worse for wear, at one or other gentleman's club."

Jack Waterford John Edward O'Brien Waterford AM (born 12 February 1952), better known as Jack Waterford, is an Australian journalist and commentator. He has a long affiliation with ''The Canberra Times''. Waterford graduated in law from the Australian Natio ...

observed that, above all, "Sir John's legacy was to make the viceroyalty a most controversial post and himself one of the most discussed persons ever to occupy it". In 1991, Kerr was confirmed to have died from a brain tumour at the

Royal North Shore Hospital The Royal North Shore Hospital (RNSH) is a major public teaching hospital in Sydney, Australia, located in St Leonards. It serves as a teaching hospital for Sydney Medical School at the University of Sydney and has over 600 beds. It is the prin ...

in Sydney where he was in a coma, survived by his three children and his second wife. The family withheld announcement of the death until after Sir John's burial at

Macquarie Park Cemetery and Crematorium Macquarie Park Cemetery and Crematorium formerly Northern Suburbs General Cemetery is a cemetery and crematorium in the Northern Suburbs of Sydney, Australia. The park caters for all religious, ethnic and cultural requirements. History Macq ...

Macquarie Park, New South Wales Macquarie Park () is a suburb in the Northern Sydney region of Sydney, New South Wales, Australia. Macquarie Park is located 13 kilometres north-west of the Sydney central business district in the local government area of the City of Ryde. ...

. This ensured the then Labor government would not be put in the position of deciding whether to offer a

state funeral A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...

, an honour that would normally be considered automatic for a former governor-general. The second Lady Kerr died in 1997, survived by the two children of her first marriage. Kerr's children are: Gabrielle Kibble, a town planner and later NSW State Director of Planning; Kristin Johnson, a psychiatrist; and Philip Kerr, a solicitor.

Honours

Kerr was appointed a Companion of the

Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV, George IV, Prince of Wales, while he was acting as prince regent for his father, George III, King George III. ...

(CMG) on 1 January 1966 for services as President of the Law Council of Australia. This was done on the recommendation of the Australian Government, then led by

Sir Robert Menzies ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...

.Gough Whitlam, ''The Truth of the Matter'', pp. 229–233
Retrieved 20 April 2014 In 1972, the Prime Minister,

William McMahon Sir William McMahon (23 February 190831 March 1988) was an Australian politician who served as the 20th Prime Minister of Australia, in office from 1971 to 1972 as leader of the Liberal Party. He was a government minister for over 21 years, t ...

, had recommended Kerr for a promotion within the order to Knight Commander (KCMG), to be announced in the 1973 New Year's Honours. In view of the impending federal election scheduled for 2 December 1972 and the knowledge that the Labor Party's longstanding policy was not to support Imperial honours, Governor-General Sir Paul Hasluck chose not to forward such recommendations to the Queen, pending the result of the election. After

's election, Hasluck asked him if he were willing to endorse McMahon's recommendation for Kerr's knighthood, but he declined. Kerr was appointed KCMG in the New Years Honours of 1974, for services as Chief Justice of NSW, on the recommendation of the UK Foreign Secretary on behalf of the

, Sir Robert Askin. In 1974 he was made a Knight of the

Order of St John of Jerusalem The Order of Knights of the Hospital of Saint John of Jerusalem ( la, Ordo Fratrum Hospitalis Sancti Ioannis Hierosolymitani), commonly known as the Knights Hospitaller (), was a medieval and early modern Catholic military order. It was headq ...

. On the establishment of the

Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...

on 14 February 1975, as Governor-General he was made Principal Companion of the Order (AC). When the category of Knight was added to the Order on 24 May 1976, he was made Principal Knight of the Order (AK). In 1976 he was elevated to Knight Grand Cross of the Order of St Michael and St George (GCMG). He had asked Gough Whitlam for this appointment shortly after becoming Governor-General in 1974, but was rebuffed. On 30 March 1977 he was appointed Knight Grand Cross of the

Royal Victorian Order The Royal Victorian Order (french: Ordre royal de Victoria) is a dynastic order of knighthood established in 1896 by Queen Victoria. It recognises distinguished personal service to the British monarch, Canadian monarch, Australian monarch, o ...

(GCVO), an award within the personal gift of the Sovereign, for services as Governor-General. This award was made by the Queen during an official visit to Australia, and was conferred on board HMY ''Britannia'' in Fremantle Harbour. Kerr was appointed a

Privy Counsellor The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a privy council, formal body of advisers to the British monarchy, sovereign of the United Kingdom. Its membership mainly comprises Politics of the United King ...

in 1977 on the instigation of

; this was another appointment he had unsuccessfully sought from Whitlam in 1974. In Whitlam's book ''The Truth of the Matter'' he claimed that Fraser also asked the UK Prime Minister,

James Callaghan Leonard James Callaghan, Baron Callaghan of Cardiff, ( ; 27 March 191226 March 2005), commonly known as Jim Callaghan, was Prime Minister of the United Kingdom from 1976 to 1979 and Leader of the Labour Party from 1976 to 1980. Callaghan is ...

, to grant Kerr a peerage, specifically a

viscount A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...

cy, but that Callaghan refused.

References

Books, letters, articles

* * * * * * * * * * * * * House of Representatives Hansard, 11 November 1975
The Kerr Palace Letters at the National Archives of Australia
{{DEFAULTSORT:Kerr, John 1914 births 1991 deaths Governors-General of Australia 1975 Australian constitutional crisis Knights of the Order of Australia Australian Knights Grand Cross of the Order of St Michael and St George Australian Knights Grand Cross of the Royal Victorian Order Australian Knights Bachelor University of Sydney alumni Australian King's Counsel Chief Justices of New South Wales Lieutenant-Governors of New South Wales Judges of the Supreme Court of New South Wales 20th-century King's Counsel Australian members of the Privy Council of the United Kingdom 20th-century Australian lawyers People educated at Fort Street High School Australian people of English descent 20th-century Australian judges Judges of the Supreme Court of the Australian Capital Territory Judges of the Commonwealth Industrial Court Australian monarchists Australian Army personnel of World War II Australian colonels