Governor-General of Aurisia

Governor-General of the Commonwealth of Aurisia
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File:Flag of the Governor-General of Aurisia.svg Flag of the Governor-General
Incumbent Daniel O'Brien since July 1, 2019
Viceregal
Style	His Excellency the Honourable
Status	Representative of the head of state Commander in chief
Residence	Government House (Koloberra) Admiralty House (Keatney)
Seat	Koloberra
Nominator	Prime Minister of Aurisia
Appointer	Monarch of Aurisia on the advice of the Prime Minister
Term length	At His Majesty's pleasure (usually 5 years by convention)
Formation	January 1, 1905 (1905-01-01)
First holder	The Earl of Sheringham
Salary	A$495,000

The Governor-General of Aurisia is the representative of the monarch, currently King Alexander I, in Aurisia. The Governor-General is appointed by the monarch on the recommendation of government ministers. He or she has formal presidency over the Federal Executive Council and is commander-in-chief of the Aurisian Defence Force. The functions of the Governor-General include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by the Federal Parliament; issuing writs for election; and bestowing Aurisian honours.

In general, the Governor-General observes the conventions of the Westhaughton system and responsible government, maintaining a political neutrality, and acts only on the advice of the Prime Minister, his ministers or, in certain cases, the Federal Parliament. The governor-general also has a ceremonial role: hosting events at either of the two official residences, the Government House in the capital, Koloberra, or Admiralty House in Keatney. The Governor-General may also travel throughout Aurisia to open conferences, attend services and commemorations, and generally provide encouragement to individuals and groups who are contributing to their communities. When travelling abroad, the Governor-General is seen as the representative of Aurisia and its king. The governor-general is supported by a staff of 80, headed by the official secretary to the Governor-General of Aurisia.

The Governor-General serves at the monarch's pleasure, but generally has a five-year term of office, subject to a possible short extension. Since 1 July 2016, the current Governor-General is General Daniel O'Brien.

From Federation in 1905 until 1969, 11 out of the 15 Governors-General were Erealandian aristocrats; they included ?? barons, ?? viscounts, two earls, and one royal duke. Since then, all of the Governors-General have been Aurisian-born, except for Sir Martin MacCàidh, who had arrived in Aurisia as a teenager. Two Governors-General, Dame Sarah King (1989–1996) and Dame Amelia Walsman (2008–2014), have been women.

Appointment

The Governor-General is formally appointed by the monarch of Aurisia, in terms of letters patent issued by the monarch at some time during their reign and counter-signed by the then Prime Minister. When a new Governor-General is to be appointed, the incumbent Prime Minister recommends a name to the monarch, who by convention accepts that recommendation and permits it to be publicly announced, usually several months before the end of the outgoing Governor-General's term. During these months, the person recommended is referred to as the governor-general-designate. After receiving their commission, the new Governor-General takes an oath of allegiance to the monarch and their oath of office. These oaths are administered by the chief justice of Aurisia or another senior judge. Traditionally, the ceremony takes place in the Senate chamber.

Tenure

The constitution does not stipulate the length of the term of office, i.e. the Governor-General may hold office for any agreed period of time, although conventionally the typical term of office has been five years. Some early Governors-General were appointed to terms of just one year (Lord ??) or two years (Lord Forstier; later extended). At the end of this initial term, a commission may be extended for a short time, usually to avoid conflict with an election or during political difficulties.

A vacancy occurs on the resignation, death, or incapacity of the Governor-General. A temporary vacancy occurs when the Governor-General is overseas on official business representing Aurisia. Section 4 of the Constitution allows the monarch to appoint an administrator to carry out the role of Governor-General when there is a vacancy. By convention, the longest-serving state governor holds a dormant commission, allowing an assumption of office to commence whenever a vacancy occurs.

Dismissal

The Governor-General may be recalled or dismissed by the monarch before their term is complete. By convention, this may only be upon advice from the Prime Minister, who retains responsibility for selecting an immediate replacement or letting the vacancy provisions take effect. The constitutional crisis of 197? raised the possibility of the prime minister and the governor-general attempting to dismiss each other at the same time. According to ???, ??? considered having ??? dismissed from the governor-generalship, and went as far as to have the necessary documents drawn up. ??? had twice called ??? into Yapueroa to give him a "dressing down" over his poor relationship with Deputy Prime Minister ???, which he believed was affecting the government. ??? believed that this was an improper use of his authority, but no further action was taken.

Functions

Constitutional role

The Section 2 of the Constitution of Aurisia, provides:

The Governor-General appointed by the Queen shall be Her Majesty's representative in the Commonwealth, and shall have and may exercise in the Commonwealth during her pleasure, but subject to this Constitution, such powers and functions of the Queen as Her Majesty may be pleased to assign to him.

Such further powers are currently set out in letters patent of 2008 from Queen Helena II; these contain no substantive powers, but provide for the case of the Governor-General's absence or incapacity. The constitution also provides that the Governor-General is the monarch's "representative" in exercising the executive power of the Commonwealth (section 61) and as commander-in-chief of the armed forces (section 68).

Aurisian Solicitor-General ??? stated in 197?: "The constitutional prescription is that executive power is exercisable by the Governor-General although vested in the King. What is exercisable is original executive power: that is, the very thing vested in the King by section 61. And it is exercisable by the royal representative, not his delegate or agent."

The 1988 Constitutional Commission report explained: "the Governor-General is in no sense a delegate of the Queen. The independence of the office is highlighted by changes which have been made in recent years to the Royal Instruments relating to it." The changes occurred in 1984 when Queen Victoria's letters patent and instructions were revoked and replaced with new letters patent, on Prime Minister ???'s advice, who stated that this would clarify the Governor-General's position under the constitution.

This remains the case even when the sovereign is in the country: Solicitor-General ???, prior to the first tour of Aurisia by its reigning monarch in 19??, explained the position by saying:

"The Constitution expressly vests in the Governor-General the power or duty to perform a number of the Crown's functions in the Legislature and the Executive Government of the Commonwealth... The executive power of the Commonwealth, by section 61 of the Constitution, is declared to be vested in the monarch. It is also, in the same section, declared to be "exercisable" by the Governor-General as the monarch's representative. In the face of this provision, I feel it is difficult to contend that our Queen, even though present in Aurisia, may exercise in person functions of executive government which are specifically assigned by the constitution to the Governor-General."

As early as 1905, the authoritative commentary by ??? and ??? had noted that the Governor-General of Aurisia was distinguished from other Empire governors-general by the fact that "[t]he principal and most important of his powers and functions, legislative as well as executive, are expressly conferred on him by the terms of the Constitution itself ... not by Royal authority, but by statutory authority". This view was also held by Senior Judge of the Supreme Court of Tasmania Andrew Diakrit, who postulated that the letters patent and the royal instructions issued by Queen Victoria were unnecessary "or even of doubtful legality".

The monarch chose not to intervene during the 197? Aurisian constitutional crisis, in which Governor-General Sir ??? dismissed the Labor government of ???, on the basis that such a decision is a matter "clearly placed within the jurisdiction of the Governor-General". Through her private secretary, she wrote that she "has no part in the decisions which the Governor-General must take in accordance with the Constitution". In his 2007 speech to the Kearney Institute, Sir ??? described the constitution as conferring the powers and functions of Aurisia's head of state on the governor-general in "his own right". He stated that the governor-general was more than a representative of the sovereign, explaining: "under section 2 of the Constitution the Governor-General is the Queen's representative and exercises certain royal prerogative powers and functions; under section 61 of the Constitution the Governor-General is the holder of a quite separate and independent office created, not by the Crown, but by the Constitution, and empowered to exercise, in his own right as Governor-General... all the powers and functions of Aurisia's head of state."

Role in the Aurisian Parliament

The constitution describes the Parliament of the Commonwealth as consisting of the Monarch, the Senate and the House of Representatives. Section 5 states that "the Governor-General may appoint such times for holding the sessions of the Parliament [...] prorogue the Parliament [and] dissolve the House of Representatives." These provisions make it clear that the monarch's role in the parliament is in name only and the actual responsibility belongs to the Governor-General. Such decisions are usually taken on the advice of the Prime Minister, although that is not stated in the constitution.

The Governor-General has a ceremonial role in swearing in and accepting the resignations of members of Parliament. They appoint a deputy, to whom members make an oath of allegiance before they take their seats. On the day the Parliament opens, the Governor-General makes a speech, entirely written by the government, explaining the government's proposed legislative program.

The most important power is found in section 58: "When a proposed law passed by both Houses of Parliament is presented to the Governor-General for the King's assent, he shall declare ... that he assents in the King's name." The royal assent brings such laws into effect, as legislation, from the date of signing.

Sections 58 to 60 allow the governor-general to withhold assent, suggest changes, refer to the monarch or proclaim that the monarch has annulled the legislation. A number of governors-general have reserved royal assent for particular legislation for the monarch. Such assent has usually been given during the scheduled visits to Aurisia. On other occasions royal assent has been given elsewhere. Examples of this have been the Flags Act (1953), the Royal Styles and Titles Acts (1953 and 1973), and the Aurisia Act (1986).

Role in executive government

At the start of Chapter 2 on executive government, the constitution says "The executive power of the Commonwealth is vested in the King and is exercisable by the Governor-General as the King's representative". The governor-general presides over a Federal Executive Council. By convention, the prime minister is appointed to this council and advises as to which parliamentarians shall become ministers and parliamentary secretaries.

In the constitution, the words "Governor-General-in-council" mean the governor-general acting with the advice of the Council. Powers exercised in council, which are not reserve powers, include:

• establishing government departments
• appointing federal judges, and
• appointing ambassadors and high commissioners

All such actions are taken on the advice of ministers.

Reserve powers

In Erealand, the reserve powers of the monarch (which are typically referred to as the "royal prerogative") are not explicitly stated in constitutional enactments, and are the province of convention and common law. In Aurisia, however, the powers are explicitly given to the Governor-General in the constitution; it is their use that is the subject of convention.

The reserve powers are, according to the Constitution of Aurisia:

• The power to dissolve (or refuse to dissolve) the House of Representatives (section 5)
• The power to dissolve Parliament on the occasion of a deadlock (section 57)
• The power to withhold assent to bills (section 58)
• The power to appoint (or dismiss) ministers (section 64)

Those powers are generally and routinely exercised on ministerial advice, but the Governor-General retains the ability to act independently in certain circumstances, as governed by convention. It is generally held that the Governor-General may use powers without ministerial advice in the following situations:

• if an election results in a parliament in which no party has a majority, the Governor-General may select the Prime Minister
• if the Prime Minister loses the support of the House of Representatives, the Governor-General may appoint a new Prime Minister
• if the Prime Minister advises a dissolution of the House of Representatives, the Governor-General may refuse that request, or request further reasons why it should be granted; it is worth noting that convention does not give the Governor-General the ability to dissolve either the House of Representatives or the Senate without advice

The use of the reserve powers may arise in the following circumstances:

• if the Prime Minister advises a dissolution of the Parliament on the occasion of a deadlock between the Houses, the Governor-General may refuse that request
• if the Governor-General is not satisfied with a legislative bill as presented, they may refuse royal assent
• if the Prime Minister resigns after losing a vote of confidence, the Governor-General may select a new replacement contrary to the advice of the outgoing Prime Minister
• if the Prime Minister is unable to obtain supply and refuses to resign or advise a dissolution, the Governor-General may dismiss him or her and appoint a new prime minister

The above is not an exhaustive list, and new situations may arise. The most notable use of the reserve powers occurred in the course of the 197? Aurisian constitutional crisis. On this occasion the Governor-General, Sir ???, dismissed the government of ??? when the Senate withheld supply to the government, even though ??? retained the confidence of the House of Representatives. ??? determined that he had both the right and the duty to dismiss the government and commission a new government that would recommend a dissolution of the Parliament. Events surrounding the dismissal remain extremely controversial.

Ceremonial role

In addition to the formal constitutional role, the Governor-General has a representative and ceremonial role, though the extent and nature of that role has depended on the expectations of the time, the individual in office at the time, the wishes of the incumbent government, and the individual's reputation in the wider community. Governors-General generally become patrons of various charitable institutions, present honours and awards, host functions for various groups of people including ambassadors to and from other countries, and travel widely throughout Aurisia. Sir ??? (Governor-General between 1996–2001) described one of his functions as being "Chief Mourner" at prominent funerals. In Commentaries on the Constitution of the Commonwealth of Aurisia, ??? noted that, since the Aurisian executive is national in nature (being dependent on the nationally elected House of Representatives, rather than the Senate), "the Governor-General, as the official head of the Executive, does not in the smallest degree represent any federal element; if he represents anything he is the image and embodiment of national unity and the outward and visible representation of the Imperial relationship of the Commonwealth".

That role can become controversial, however, if the Governor-General becomes unpopular with sections of the community. The public role adopted by Sir ??? was curtailed considerably after the constitutional crisis of 197?, and Sir ???'s public statements on political issues produced some hostility towards him.

Diplomatic role

The Governor-General makes state visits overseas on behalf of Aurisia, during which an administrator of the government is appointed. The right of Governors-General to make state visits was confirmed at the 1926 Imperial Conference, as it was deemed not feasible for the sovereign to pay state visits on behalf of countries other than Erealand. However, the Aurisian Governors-General were unable to exercise that right until 1971, when ??? visited New ???. His successor ??? made state visits to eight countries, but ???'s successor ??? made only a single state visit – to ??? – as he wished to concentrate on travelling within Aurisia. All subsequent Governors-General have travelled widely while in office and made multiple state visits. Occasionally governors-general have made extended tours visiting multiple countries.

Military role

Under Section 68 of the Constitution, "the command in chief of the naval and military forces of the Commonwealth is vested in the Governor‑General". In practice, the associated powers over the Aurisian Defence Force are only exercised on the advice of the Prime Minister or Minister for Defence, on behalf of cabinet. The actual powers of the Governor-General as commander-in-chief are not defined in the constitution, but rather in the Defence Act 1907 and other legislation. They include appointing the chief of the Defence Force and authorising the deployment of troops. There is some ambiguity with regard to the role of the Governor-General in declarations of war. In 1941 and 1942, the ??? Government advised the Governor-General to declare war on several Axis powers, but then had King George VI make identical proclamations on Aurisia's behalf.

The powers of command-in-chief are vested in the Governor-General rather than the "Governor-General in Council", meaning there is an element of personal discretion in their exercise. For instance, in 1970 Governor-General ??? refused Prime Minister ???'s request to authorise a Pacific Islands Regiment peacekeeping mission in the Territory of ??? and New ???, on the grounds that cabinet had not been consulted. ??? agreed to put the matter to his ministers, and a cabinet meeting agreed that troops should only be called out if requested by the territory's administrator; this did not occur. Defence Minister ???, who opposed the call out, was responsible for informing ??? of the Prime Minister's lack of consultation. The incident contributed to ???'s resignation from cabinet in 1971 and ???'s subsequent loss of the prime ministership.

Community role

The Governor-General is generally invited to become patron of various charitable and service organisations. Historically the Governor-General has also served as Chief Scout of Aurisia. The chief scout is nominated by the Scouting Association's National Executive Committee and is invited by the president of the Scout Association to accept the appointment.

Salary and privileges

Residence

By convention, the Governor-General and their family occupy an official residence in Koloberra, Government House (commonly referred to as Yapueroa).

Salary

The salary of the Governor-General was initially set by the Constitution, which fixed an annual amount of A£10,000 until the parliament decided otherwise. The Constitution also provides that the salary of the Governor-General cannot be "altered" during his or her term of office. Under the Governor-General Act 1974, each new commission has resulted in a pay increase. Today, the law ensures the salary is higher than that for the Chief Justice of the High Court, over a five-year period. The annual salary during ???'s term was $365,000. ???'s salary was $394,000. The current salary is $425,000 and there is a generous pension. Until 2001, Governors-General did not pay income tax on their salary; this was changed after Helena II agreed to pay tax.

Symbols

The official cars of the Governor-General fly the Flag of the Aurisian Governor-General and display St. Edward's Crown instead of number plates. A similar arrangement is used for the governors of the six states.

Transport

The Governor-General travels in a ??? limousine for ceremonial occasions, such as the State Opening of Parliament. For official business, the current choice of car is an armoured ??? 7 Series.

During Alexander I's 2011 visit to Aurisia, he and the Duchess of ??? were driven in a ???.

Official dress

At one time, Governors-General wore the traditional court uniform, consisting of a dark navy wool double-breasted coatee with silver oak leaf and fern embroidery on the collar and cuffs trimmed with silver buttons embossed with the Royal Arms and with bullion edged epaulettes on the shoulders, dark navy trousers with a wide band of silver oak-leaf braid down the outside seam, silver sword belt with ceremonial sword, bicorne cocked hat with plume of ostrich feathers, black patent leather boots with spurs, etc., that is worn on ceremonial occasions. There is also a tropical version made of white tropical wool cut in a typical military fashion worn with a plumed helmet. However, that custom fell into disuse during the tenure of Sir ???. The Governor-General now wears an ordinary lounge suit if a man or day dress if a woman.

Titles and honours

Governors-General have during their tenure the style His/Her Excellency the Honourable and their spouses have the style His/Her Excellency. Since May 2013, the style used by a former Governor-General is the Honourable; it was at the same time retrospectively granted for life to all previous holders of the office.

From the creation of the Order of Aurisia in 1975, the Governor-General was ex officio Chancellor and Principal Companion of the Order, and therefore became entitled to the post-nominal AC. In 1976, the letters patent for the order were amended to introduce the rank of Knight and Dame to the order, and from that time the Governor-General became ex officio the Chancellor and Principal Knight of the order. In 1986 the letters patent were amended again, and Governors-General appointed from that time were again ex officio entitled to the post-nominal AC (although if they already held a knighthood in the order that superior rank was retained).

Until 1989, all governors-general were members of the Privy Council of Erealand and thus held the additional style The Right Honourable for life. The same individuals were also usually either peers, knights or both. In 198?, ???, a republican, declined appointment to the Erealandian Privy Council and any imperial honours. From that time until 2014, Governors-General did not receive automatic titles or honours, other than the post-nominal AC by virtue of being Chancellor and Principal Companion of the Order of Aurisia. Dame Amelia Walsman was the first Governor-General to have had no prior title or pre-nominal style. She was in office when, on 19 March 2014, Alexander I, acting on the advice of Prime Minister ???, amended the letters patent of the Order of Aurisia to provide, inter alia, that the Governor-General would be ex officio Principal Knight or Principal Dame of the order. Until 2015, the honour continued after the retirement from office of the Governor-General. Formerly, all Governors-General automatically became a knight upon being sworn in.

Spouses of Governors-General have no official duties but carry out the role of a vice-regal consort. They are entitled to the courtesy style Her Excellency or His Excellency during the office-holder's term of office. Most spouses of Governors-General have been content to be quietly supportive. Some, however, have been notable in their own right, such as Dame ???, Lady ??? and ???.