The Palace letters, sometimes labelled as the Palace papers, were letters between
Queen Elizabeth, through 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 ...
Martin Charteris, and
Australian Governor-General
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.[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 ...](_blank)
around the time of the
1975 constitutional crisis, in which Kerr dismissed
Australian Prime Minister
The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the federal government of Australia and is also accountable to federal parliament under the principl ...
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 ...
.
The phrase 'Palace letters' originated in the work of Australian historian and Whitlam biographer Professor Jenny Hocking, who successfully overturned the Queen's embargo over these letters, as a reference to
Buckingham Palace, the official residence of Queen Elizabeth in
London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
.
Kerr's copies of these letters are held by the
National Archives of Australia, which would ordinarily have made them publicly accessible after 30 years as provided by the Archives Act. However, the National Archives classified them as "personal" papers, which meant that public access was denied according to an embargo placed over them by the Queen until at least 2027 and after that date until permitted by the Queen's private secretary.
In 2016 Professor
Jenny Hocking, having been refused access to the letters, sued the National Archives for their release, arguing that the letters were 'Commonwealth records' not 'personal' and they should therefore be available for public access 31 years after their creation according to the provisions of the Archives Act 1983. In 2020, the
High Court of Australia found in Hocking's favour in a 6:1 decision and ruled that these documents should be accessible to the Australian public as Commonwealth records, and ordered the Director-General of the National Archives to reconsider Hocking's request.
The High Court also issued three cost orders against the National Archives directing it to pay Professor Hocking's costs. The National Archives had spent a total of $1.6 million unsuccessfully contesting Hocking's case seeking public access to the Palace letters. The letters were made public, in full and online, on 14 July 2020.
Background
In October 1975, the Opposition (
Liberal/National-Country party coalition) used its control of the
Australian Senate to defer passage of
appropriation bills (needed to finance government expenditure), that had been passed by the
Australian House of Representatives
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia.
The term of members o ...
. The Opposition stated that they would continue their stance unless Whitlam called an election, subsequently urging Governor-General Sir John Kerr to dismiss Whitlam unless he agreed to their demand. Whitlam believed that Kerr would not dismiss him, and Kerr did nothing to disabuse Whitlam of this notion. On 11 November 1975, Whitlam intended to call a half-Senate election which was due at that time in an attempt to break the deadlock. When he went to
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 ...
for an agreed meeting with Kerr to sign the final paperwork for the election, Kerr instead dismissed him as Prime Minister and shortly thereafter installed in his place
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 ...
, the Leader of the Liberal Party of Australia and Leader of the Opposition.
Queen Elizabeth and her Australian representative Governor-General Sir John Kerr exchanged more than 200 letters, which are now held in the
National Archives of Australia. If they were Commonwealth records, they would ordinarily have been made public in 2006, 31 years after they were created.
However, the letters were designated 'personal' records and were under the embargo of the Queen until at least 2027, with either the
Queen's private secretary or the Governor-General's official secretary able to veto the release of the letters thereafter.
Public access to the letters was therefore barred by the National Archives, which claimed that they were 'personal' papers and not Commonwealth records, and therefore did not come under th
Australian Archives Act 1983
Legal challenge
![Jenny Hocking -2006](https://upload.wikimedia.org/wikipedia/commons/7/70/Jenny_Hocking_-2006.jpg)
In 2016 Hocking commenced proceedings in the
Federal Court of Australia against the
National Archives of Australia seeking the release of secret correspondence between Sir John Kerr and the Queen regarding the dismissal of the Whitlam government.
In 2020, Hocking revealed that there were more than 200 'Palace letters'. They cover the bulk of Kerr's term in office, from 15 August 1974 to 5 December 1977, and it was an agreed fact in Hocking's Federal Court action that most of them "address topics relating to the official duties and responsibilities of the Governor-General" and some "take the form of reports to The Queen about the events of the day in Australia". There had been a long debate regarding whether Queen Elizabeth might have known about the machinations of the dismissal, and it was thought that the contents of the 'Palace letters' could clarify and possibly settle that issue.
The case was at first unsuccessful in the Federal Court and in February 2019 an appeal to the Full Court of the Federal Court was rejected by a majority. In a strong dissenting judgment, Justice Flick found that the Palace letters were Commonwealth records and, further, that it was "difficult to conceive of documents which are more clearly 'Commonwealth records' and documents which are not 'personal' property" than the Palace letters. He described the letters as concerning "'political happenings' going to the very core of the democratic processes of this country".
In January 2020,
Sir Edward Young, Queen Elizabeth's private secretary stated a preference for "all vice-regal letters to remain sealed until at least five years after her reign ends and for him to maintain a sole veto on whether they should be released at all".
On 29 May 2020 the
High Court of Australia ruled that the Palace letters were not personal property but "Commonwealth records" and the property of the Commonwealth of Australia, and ordered the Director-General of the
National Archives to reconsider Professor Hocking's request for access to the letters which it had previously denied. National Archives Director-General David Fricker nevertheless indicated that "some records may not be released, as exemptions for things like national security still play a role".
The letters were made public, in full and online, on 14 July 2020.
Hocking's book ''The Palace Letters'' cites a key letter from Charteris of 2 October 1975 which shows that 'the Queen, Prince Charles, and
ir MartinCharteris were all aware by September 1975' that Kerr was considering dismissing the government, and knew of his failure to warn Whitlam of that possibility. The letters revealed that Kerr had discussed the prospect of dismissing the government with Prince Charles and the Queen, several weeks before he did so, and that he was prepared to disregard the formal legal advice of the Australian solicitor-general, Sir Maurice Byers that there was no basis for the use of the reserve powers at that time. The view of the palace, communicated to Kerr, was that the reserve powers did exist and that Kerr had the power to use them despite the law officers' advice to the contrary, but did not encourage or advise Kerr on whether to use them. Despite these revelations the Palace itself continues to deny that it played 'any part' in Kerr's decision to dismiss the Whitlam government. Professor Frank Bongiorno however has concluded, as have others, that 'the Palace was indeed a player'.
In January 2022 the National Archives of Australia released a further cache of over 2,000 pages of vice-regal correspondence between six other governors-general and the Queen, from Lord Casey in 1966 to Sir William Deane in 2001, as a result of the High Court's ruling in the Palace letters case. These later letters have reaffirmed the significance of the Palace letters case for the release of previously secret royal correspondence with Australian governors-general.
[Christopher Knau]
Newly released royal letters highlight governor general’s breaches of convention ahead of 1975 Whitlam dismissal
The Guardian 7 January 2022
References
External links
The Letters hosted by the
National Archives of Australia
The Letters provided by ''The Guardian''
provided by the ''Sydney Morning Herald''
{{Elizabeth II, state=collapsed
National Archives of Australia
Palace letters
1975 Australian constitutional crisis
Freedom of information
2020 in Australian law
Australia–United Kingdom relations