New South Wales Governor

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 perform constitutional and ceremonial functions at the state level. The governor is appointed by the king on the advice of the premier of New South Wales, and serves in office for an unfixed period of time—known as serving ''At His Majesty's pleasure''—though five years is the general standard of office term. The current governor is retired jurist Margaret Beazley, who succeeded David Hurley on 2 May 2019.

The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the ''New South Wales Constitution Act 1902'', which defined the viceregal office as the governor acting by and with the advice of the Executive Council of New South Wales. However, the post still ultimately represented the government of the United Kingdom until, after continually decreasing involvement by the British government, the passage in 1942 of the Statute of Westminster Adoption Act 1942 (see Statute of Westminster) and the Australia Act 1986, after which the governor became the direct, personal representative of the Australian sovereign.

Appointment

The Office of Governor is required by the New South Wales Constitution Act, 1902. The Australian monarch, on the advice and recommendation of the premier of New South Wales, approves the appointment of governor with a commission issued under the royal sign-manual and Public Seal of the State, who is from then until being sworn in by the premier and chief justice referred to as the ''governor-designate''.

Besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor-designate. The constitution act stipulates that: "Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court." The sovereign will also hold an audience with the appointee and will at that time induct the governor-designate as a Companion of the Order of Australia (AC).

The incumbent will generally serve for at least five years, though this is only a developed convention, and the governor still technically acts at His Majesty's pleasure (or the ''Royal Pleasure''). The premier may therefore recommend to the King that the viceroy remain in his service for a longer period of time, sometimes upwards of more than seven years. A governor may also resign and three have died in office. In such a circumstance, or if the governor leaves the country for longer than one month, the lieutenant governor of New South Wales, concurrently held by the chief justice of New South Wales since 1872, serves as Administrator of the Government and exercises all powers of the governor. Furthermore, if the lieutenant governor becomes incapacitated while serving in the office of governor or is also absent from the state, the next most senior judge of the Supreme Court is sworn in as the administrator.

Selection

Between 1788 and 1957, all governors were born outside New South Wales and were often members of the peerage. Historian A. J. P. Taylor once noted that "going out and governing New South Wales became the British aristocracy's 'abiding consolation'". However, even though the implementation of the Australian Citizenship Act in 1948 established the concept of an independent Australian citizenship, the idea of Australian-born persons being appointed governor of New South Wales was much earlier. Coincidentally the first Australian-born governor, Sir John Northcott on 1 August 1946, was also the first Australian-born governor of any state. However, as Northcott was born in Victoria, it was not until Sir Eric Woodward's appointment by Queen Elizabeth II in 1957 that the position was filled by a New South Welshman; this practice continued until 1996, when Queen Elizabeth II commissioned as her representative Gordon Samuels, a London-born immigrant to Australia.

Although required by the tenets of constitutional monarchy to be non-partisan while in office, governors were frequently former politicians, many being members of the House of Lords by virtue of their peerage. The first governors were all military officers and the majority of governors since have come from a military background, numbering 19. Samuels was the first governor in New South Wales history without a political or common public service background – a former justice of the Supreme Court of New South Wales. The first woman to hold this position is also the first Lebanese-Australian governor, Dame Marie Bashir.

Role

As the sovereign predominantly lives outside New South Wales, the governor's primary task is to perform the sovereign's constitutional duties on their behalf.

It is the governor who is required, by the Constitution Act 1902, to appoint persons to the Government of New South Wales, who are all theoretically tasked with tendering to the monarch and viceroy guidance on the exercise of the Royal Prerogative. Convention dictates that the governor must draw from the Parliament an individual to act as premier, who is also capable of forming governmentin almost all cases the Member of Parliament who commands the confidence of the Legislative Assembly. The premier then directs the governor to appoint other members of parliament to the Executive Council of New South Wales known as the Cabinet, and it is in practice only from this group of ministers of the Crown that the King and governor will take direction on the use of executive power, an arrangement called the ''King-in-Council'' or, more specifically, the ''Governor-in-Council''. In this capacity, the governor will issue royal proclamations and sign orders in council. The governor-in-council is also required to appoint in the King's name the president of the Legislative Council, the speaker of the Legislative Assembly, Supreme Court and District Court justices, and local court magistrates in the state, though all of these are made on the advice of either the premier and cabinet or the majority of elected members of each house in the case of the speaker or president. The advice given by the Cabinet is, in order to ensure the stability of government, typically binding; both the King and his viceroy, however, may in exceptional circumstances invoke the reserve powers, which remain the Crown's final check against a ministry's abuse of power, this was last fully exercised in 1932, when Sir Philip Game revoked the commission of Premier Jack Lang.

The governor alone is constitutionally mandated to summon parliament. Beyond that, the viceroy carries out the other conventional parliamentary duties in the sovereign's absence, including reading the Speech from the throne and the proroguing and dissolving of parliament. The governor grants royal assent in the King's name; legally, by granting royal assent (making the bill law), withholding royal assent (vetoing the bill), or reserving the bill for the King's pleasure (allowing the sovereign to personally grant or withhold assent). If the governor withholds the King's assent, the sovereign may, within two years, disallow the bill, thereby annulling the law in question. No modern viceroy has denied royal assent to a bill. With most constitutional functions delegated to Cabinet, the governor acts in a primarily ceremonial fashion. The governor hosts members of Australia's royal family, as well as foreign royalty and heads of state. Also as part of international relations, the governor receives letters of credence and of recall from foreign consuls-general appointed to Sydney. When they are the longest-serving state governor, the governor of New South Wales holds a dormant commission to act as the administrator of the Commonwealth when the governor-general of Australia

HOME


Content is Copyleft
Website design, code, and AI is Copyrighted (c) 2014-2017 by Stephen Payne


Consider donating to Wikimedia



As an Amazon Associate I earn from qualifying purchases