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National Native Title Tribunal

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The National Native Title Tribunal ( NNTT ) is an independent body established under the Native Title Act 1993 in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Australians). It manages applications for and administration of native title in Australia .

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117-752: The National Native Title Tribunal comprises a President and Members appointed by the Governor-General of Australia under the Act to make decisions, conduct inquiries, reviews and mediations, and assist various parties with native title applications in Australia, and Indigenous land use agreements (ILUAs). The NNTT is supported by the Native Title Registrar, also appointed by the Governor-General. The statutory office-holders of

234-559: A bill, the governor-general can also reserve a bill for the King's pleasure, that is allow the monarch to give royal assent personally to a proposed bill. When the governor-general acted as a representative of the British government, this provision allowed for the governor-general to refer a bill back to the British government for review, which would then advise the monarch whether or not to grant assent. The British government could also advise

351-429: A cabinet meeting agreed that troops should only be called out if requested by the territory's administrator ; this did not occur. Defence minister Malcolm Fraser , who opposed the call out, was responsible for informing Hasluck of the prime minister's lack of consultation. The incident contributed to Fraser's resignation from cabinet in 1971 and Gorton's subsequent loss of the prime ministership . The governor-general

468-561: A formal letter of credence (and a letter of recall at the end of a tenure) to heads of state and government and similarly formally receives foreign letters during credentials ceremonies for heads of mission on their arrival in Canberra. Before 1987, ambassador and high commissioner appointments were formally made by the monarch instead. Under section 68 of the Constitution , the command-in-chief of Australia's military forces

585-622: A key role in performing constitutional duties in all branches of government. The Constitution defines the Parliament of the Commonwealth as consisting of the monarch, the Senate and the House of Representatives . However, the monarch's role is no more than titular, with the governor-general responsible under the Constitution for most of the functions undertaken by the monarch in regard to

702-440: A military pension. The governor-general also receives a generous pension. Until 2001, governors-general did not pay income tax on their salary; this was changed after Elizabeth II agreed to pay tax. Governors-general before the 1970s wore traditional court uniforms , 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

819-537: A part of the Fox Classic Car Collection at Queens Warehouse, Melbourne. 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 changed during their term of office. Their pay is now set by Governor-General Act 1974 , which has been amended on each new commission to set

936-575: A prescribed body corporate (PBC) until such time as a determination is made, when they become a Registered Native Title Body Corporate , or RNTBC, registered with the Office of the Registrar of Indigenous Corporations (ORIC) under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwth). A "representative Aboriginal/Torres Strait Islander body", or RATSIB, is a body recognised by

1053-510: A state of emergency ( Finnish : valmiustila , literally, "state of preparedness") and state of war ( Finnish : puolustustila , lit. "state of defence") are declared by a presidential decree, given after a motion by the government, which is then submitted to the Parliament for ratification. The president has, in a state of emergency, the right to transfer the position of the commander-in-chief to another Finnish citizen. In France ,

1170-581: A subordinate (usually) to a head of state (see Generalissimo ). The term is also used for officers who hold authority over an individual military branch , special branch or within a theatre of operations . This includes heads of states who: According to the Constitution of Albania , the president of the Republic of Albania is the commander-in-chief of Albanian Armed Forces . Under part II, chapter III, article 99, subsections 12, 13, 14 and 15,

1287-403: A typical military fashion worn with a plumed helmet. However, that custom fell into disuse during the tenure of Sir Paul Hasluck with governors-general now observing informal wear day-to-day. Tasmanian governor Sir Stanley Burbury extensively lobbied his government in an attempt to regain the right to wear a uniform, going as far to contact Sir John Kerr in desperation, hoping he could contact

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1404-525: A vacancy occurs. In 1975, Labor prime minister Gough Whitlam advised the Queen that Sir Colin Hannah , then governor of Queensland , should have his dormant commission revoked for having made public and partisan anti- Whitlam government political statements, in violation of the convention that vice-regal representatives remain neutral and above politics. A governor-general may be recalled or dismissed by

1521-596: Is "vested in the Governor‑General as the Queen's representative". Views on the effect of this section vary, from merely making the governor-general "in effect no more than a glorified Patron of the Defence Forces" to alternatively making the governor-general the ultimate head of military chain of command who may influence or deny the use of the military if it is to be used for domestic political ends. Ex-governor-general Sir Ninian Stephen stated that his view of

1638-553: Is generally invited to become patron of various charitable and service organisations. Historically the governor-general has also served as Chief Scout of Australia . 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. Bill Hayden declined the office on the grounds of his atheism , which

1755-492: Is supported by a staff (of 80 in 2018 ) headed by the official secretary . The governor-general is selected by the prime minister, but formally appointed by the monarch of Australia on the prime minister's advice. Their term is not fixed, but they typically serve for five years. From Federation in 1901 until 1965, 11 out of the 15 governors-general were British aristocrats ; however all since then have been Australian citizens . The current governor-general, Samantha Mostyn ,

1872-617: Is the federal representative of the monarch of Australia , currently Charles III . The governor-general has many constitutional and ceremonial roles in the Australian political system , in which they have independent agency. However, they are generally bound by convention to act on the advice of the prime minister and the Federal Executive Council . They also have a significant community role, through recognising meritorious individuals and groups, and representing

1989-587: Is the person who exercises supreme command and control over an armed force or a military branch . As a technical term, it refers to military competencies that reside in a country's executive leadership, a head of state , head of government , or other designated government official . The formal role and title of a ruler commanding the armed forces derives from Imperator of the Roman Kingdom , Roman Republic and Roman Empire , who possessed imperium (command and other regal) powers. In English use,

2106-509: Is the second woman to hold the post, after Dame Quentin Bryce (2008–2014). The governor-general is formally appointed by the monarch of Australia with a commission made under the authority of section 2 of the Constitution and regulated by letters patent issued by the monarch. When a new governor-general is to be appointed, the current prime minister recommends a name to the monarch, who by convention accepts that recommendation. Prior to

2223-692: The Convention , as well as later to the Directoire , before being regained in the hands of Consul Napoléon Bonaparte , later Emperor Napoléon I , alone. The Restoration restored the authority of the King, first in an absolute monarchy, then the constitutional July Monarchy of Louis Philippe , before it was overthrown in turn by the Second Republic and later the Second Empire of Napoleon III . The following Third Republic

2340-783: The Armed Forces , the National Police and all other state's security agencies. In Egypt , the president of the Republic holds the ceremonial title of Supreme Commander of the Armed Forces. A member of the government, usually defence minister, is commander-in-chief of the Egyptian Armed Forces . The president is the only individual capable of declaring war. With the exception of Mohamed Morsi , who briefly served as president from 2012 to 2013, all Egyptian presidents have been former military officers. During

2457-558: The Australian Defence Force , and bestowing Australian honours . However, in almost all instances the governor-general only exercises de jure power in accordance with the principles of the Westminster system and responsible government . This requires them to remain politically neutral and to only act in accordance with Parliament (such as when selecting the prime minister and providing royal assent ) or on

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2574-873: The Australian Defence Organisation . Section 8 of the Defence Act 1903 states: The Minister shall have the general control and administration of the Defence Force, and the powers vested in the Chief of the Defence Force , the Chief of Navy , the Chief of Army and the Chief of Air Force by virtue of section 9, and the powers vested jointly in the Secretary and the Chief of the Defence Force by virtue of section 9A, shall be exercised subject to and in accordance with any directions of

2691-522: The Constitution of Argentina states that the president of the Argentine Nation is the "Commander-in-chief of all the armed forces of the Nation ". It also states that the president is entitled to provide military posts in the granting of the jobs or grades of senior officers of the armed forces, and by itself on the battlefield; runs with its organization and distribution according to needs of

2808-522: The Minister of Defence and is responsible for advising the Minister, for the implementation of defence policy and for the administration of the department. According to the Constitution of Bosnia and Herzegovina , the collective Presidency of Bosnia and Herzegovina is the commander-in-chief of the Armed Forces of Bosnia and Herzegovina . In peace, the commander-in-chief exercises his command through

2925-509: The Ministry of Defence , headed by the minister of defence, which provides the policy framework and resources to the Armed Forces to discharge their responsibilities in the context of the defence of the country. The first commander-in-chief, General M. A. G. Osmani , during Bangladesh Liberation War in 1971, who was commander of Muktibahini/ Bangladesh Forces , reinstated to active duty by official BD government order, which after independence

3042-651: The Native Title Act 1993 and is responsible for the management of employees. The Tribunal's role is to: On request, the Tribunal can also provide assistance and information to people involved in the native title process. The Tribunal has offices in Perth , Cairns , Brisbane , Sydney and Melbourne . When an Aboriginal or Torres Strait Islander body registers a claim with the NNTT, they are referred to as

3159-570: The Parliament must give consent to the dispatch of Czech military forces outside the territory of the Czech Republic. The Ministry of Defence is the central authority of the state administration for the control of the Armed Forces. The actual day-to-day management is vested in the chief of the general staff, the Czech chief of defence equivalent. The position of the Danish monarch as

3276-467: 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 Wellington boots with spurs, etc., that is worn on ceremonial occasions. There is also a tropical version made of white tropical wool cut in

3393-647: The Royal Brunei Armed Forces . The powers of command-in-chief over the Canadian Armed Forces are vested in the Canadian monarch , and are delegated to the governor general of Canada , who also uses the title Commander-in-Chief . In this capacity, the governor general is entitled to the uniform of a general/flag officer, with the crest of the office and special cuff braid serving as rank insignia. By constitutional convention,

3510-579: The Royal Styles and Titles Act (1953 and 1973) and other bills of national significance such as the Flags Act 1953 and the Australia Act 1986 . Finally, the governor-general can refer a bill back to the houses with suggested changes. This has only happened when once passed, the government has realised a bill requires further amendment and requests the governor-general return the bill to

3627-475: The UK parliament . These include the power to summon, dissolve and prorogue the Parliament, to issue writs for lower house elections, to convene a joint sitting, as well as the power to give royal assent to bills in the monarch's name. The governor-general also has a ceremonial role in swearing in and accepting the resignations of members of Parliament. All members must make an oath or affirmation of allegiance to

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3744-825: The Umbutfo Eswatini Defence Force . The president of Ethiopia is the Supreme Commander of the Ethiopian Armed Forces which is the ceremonial role that is limited to granting high military titles and awards. The prime minister of Ethiopia is the commander-in-chief of the Ethiopian National Defense Force . According to the Finnish constitution , the president of Finland is the commander-in-chief of all Finnish military forces . In practice,

3861-469: The Yom Kippur War , the president played a major role at all levels of the planning of the war, and was, in a literal sense, Supreme Commander of the Armed Forces, giving direct orders to the commanders from the headquarters during the war as field marshal of the army , marshal of the air force and air defence forces and admiral of the navy . The king of Eswatini is the commander in chief of

3978-449: The advice of ministers (when performing executive actions). However, in certain limited circumstances, the governor-general can exercise reserve powers (powers that may be exercised without or against formal advice), most notably during the 1975 Australian constitutional crisis . These situations are often controversial and the use of and continued existence of these powers remains highly debated. In their ceremonial and community roles,

4095-533: The chief justice of Australia or another justice of the High Court. Traditionally, the ceremony takes place in the Senate chamber. The Constitution does not set a term of office, so a governor-general may continue to hold office for any agreed length of time. In recent decades the typical term of office has been five years. Some early governors-general were appointed to terms of just one year ( Lord Tennyson ) or two years ( Lord Forster ; later extended). At

4212-572: The countersignature of the prime minister for decisions concerning the above-mentioned provisions as per Articles 63(3–4), or otherwise, they are not valid. The prime minister may delegate to other ministers the right to countersign these decisions of the president. The political responsibility for the Armed Forces is borne by the Government , which in Article 67 is defined as the "supreme body of executive power". According to Articles 39 & 43,

4329-417: The head of state , the president of the Republic , in accordance to Article 53 of the Constitution of India . The president exercises supreme command with accordance to the law. As commander in chief, the president has the power to declare war however they must subject to the approval of the Parliament of India . The commander in chief also appoints the chiefs of each branch of the armed forces as well as

4446-555: The minister of defence . In war and in cases where the minister of defence is not fulfilling orders, the commander-in-chief exercises his command directly through the Chief of Joint Staff . Article 142 of the Brazilian Constitution of 1988 states that the Brazilian Armed Forces is under the supreme command of the president of the Republic . The sultan of Brunei is the commander-in-chief of

4563-674: The president of Ghana is the commander-in-chief of the Ghana Armed Forces . He holds the rank of Field Marshal . According to the Guyanese constitution, the president is commander-in-chief of the Armed Forces. There is a rank insignia for the position. The supreme commander of the Indian Armed Forces is the principal commanding authority of the Indian Armed Forces , a position that is vested in

4680-635: The president of the Republic is designated as " Chef des Armées " (literally "Chief of the Armies") under article 15 of the Constitution ; the officeholder is as such the supreme executive authority in military affairs. Article 16 provides the president with extensive emergency powers . However, owing to the nature of the semi-presidential system , the prime minister also has key constitutional powers under article 21: "He shall be responsible for national defence" and has "power to make regulations and shall make appointments to civil and military posts". Since

4797-537: The "Governor-General in Council", however this does not denote an element of personal discretion in their exercise. However, in 1970 governor-general Paul Hasluck refused prime minister John Gorton 's request to authorise a Pacific Islands Regiment peacekeeping mission in the Territory of Papua and New Guinea , on the grounds that cabinet had not been consulted. Gorton agreed to put the matter to his ministers, and

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4914-459: The 1940s, the recommendation was made and decided by the Cabinet as a whole. The incoming governor-general is publicly announced usually several months before the end of the existing governor-general's term. After receiving their commission, the new governor-general takes an oath or affirmation of allegiance to the monarch and an oath or affirmation of office . These oaths are administered by

5031-536: The Canadian Armed Forces. According to the Croatian constitution , the president of Croatia is the commander-in-chief of the Armed Forces of the Republic of Croatia . There was originally a rank insignia and name for the position, known as "Vrhovnik". This was held by former President Franjo Tudjman and was abolished after his death. In peace, the commander-in-chief exercises his command through

5148-665: The Commonwealth under s 203AD of the Native Title Act "to represent native title holders and persons who may hold native title, and to consult with Aboriginal and Torres Strait Islander persons within a specified area". There is a network of native title representative bodies (NTRBs) and native title service providers (NTSPs) to assist native title claimants and holders, of which the National Indigenous Australians Agency (NIAA) funds 14. These include land councils and RNTBCs. Governor-General of Australia The governor-general of Australia

5265-599: The Constitution of the Commonwealth of Australia , Robert Garran noted that, since the Australian 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

5382-451: The Constitution, that the monarch may assign them. Additionally, the initial letters patent of Queen Victoria purported to create and empower the office of governor-general, despite their assignment already in the Constitution. This was raised as early as 1901, by John Quick and Garran in their authoritative commentary of the Constitution, noting that the governor-general of Australia was distinguished from other imperial governors-general by

5499-422: The Constitution, the circumstances in which they can be used with discretion is not prescribed and is a matter of convention. The reserve powers that are generally accepted are: The reserve powers that are the subject of greater debate are: The most prominent use of the reserve powers occurred in the course of the 1975 Australian constitutional crisis , in which governor-general Sir John Kerr dismissed

5616-566: The Crown's prerogative powers over the armed forces and constitutional powers as commander-in-chief are exercised on the advice of the prime minister and the rest of Cabinet , the governing ministry that commands the confidence of the House of Commons . According to the National Defence Act , the Minister of National Defence is responsible and accountable to the Parliament of Canada for all matters related to national defence and

5733-468: The Crown, but by the Constitution, and empowered to exercise, in his own right as Governor-General   ... all the powers and functions of Australia's head of state". Governors-general are entitled to various privileges by virtue of holding the office. These include the right to live in Government House (also known as Yarralumla ), or Admiralty House, Sydney the two official residences of

5850-464: The Defence Force, and declare a time of war, exercised as ordinary executive powers on advice. Additionally, all officers are appointed by the governor-general on behalf of the monarch with a personally signed commission. Historically, the power to declare war and make peace rested with the monarch (as advised by the British government) in their role as head of the British Empire . This was

5967-566: 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 Queen. It is also, in the same section, declared to be "exercisable" by the Governor-General as the Queen's representative. In the face of this provision, I feel it is difficult to contend that the Queen, even though present in Australia, may exercise in person functions of executive government which are specifically assigned by

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6084-579: The King in the presence of the governor-general or someone appointed by them before they take their seats. On the day parliament opens, the governor-general makes a speech in the Senate (similar to the King's Speech in the UK), entirely written by the government, explaining the government's proposed legislative program. One of the most significant powers of the governor-general is the power to grant royal assent in

6201-484: The King's name. This assent gives bills that have been passed by the houses of parliament the force of law, with effect either 28 days after being signed, on a date to be fixed later by proclamation or otherwise as provided in the act. The government does not formally advise the governor-general to grant assent, but it is expected that they will act in accordance with the democratically elected houses of Parliament and assent has never been refused. Apart from assenting to

6318-489: The Minister. According to the Constitution of Barbados , the president of Barbados is the commander-in-chief of Barbados Defense Force . Between 1966 and 2021, prior to the transition to a republican system, the monarch of Barbados , Queen Elizabeth II , was head of the Defense Force, with the Governor-General of Barbados as her viceroy. The president adopted these powers. First President Sheikh Mujibur Rahman

6435-442: The Nation and declares war and orders reprisals with the consent and approval of the Argentine National Congress . The Ministry of Defense is the government department that assists and serves the president in the management of the armed forces ( Army , Navy and Air Force ). Under chapter II of section 68 titled Command of the naval and military forces , the Constitution of Australia states that: The command in chief of

6552-410: The Palace directly. However, it does not appear that he was successful. 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

6669-705: The Principal Knight or Dame of the order. However, in 2015 knighthoods were once again abolished by new prime minister Malcolm Turnbull , with all subsequent governors-general appointed as Companions. 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 Alexandra Hasluck , Lady Casey and Michael Bryce . Other offices named governor-general were previously used in Australia in

6786-570: The Queen by section 61. And it is exercisable by the Queen's representative, not her 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 Bob Hawke 's advice, who stated that this would clarify

6903-436: The Tribunal each have separate and specific functions and responsibilities to perform under the Act. It is a Commonwealth Government agency, which helps people reach native title outcomes by agreement. The Federal Court of Australia makes determinations on whether native title exists, or not. Since July 2012 the Federal Court has had responsibility for the corporate administration of the NNTT. The President and Members of

7020-467: The Tribunal, assisted by the Registrar, under delegation from the Registrar of the Federal Court of Australia (the Court) are responsible for managing the administrative affairs of the NNTT. The President is responsible for managing the Tribunal's administrative affairs. The Governor-General appoints the President and Tribunal Members for specific terms of not longer than five years. Members are involved in: The Registrar has specific responsibilities under

7137-417: The UK, there is no tradition of regular weekly meetings between the governor-general and the prime minister, with meetings instead sporadically held at the request or either party. There is a greater capacity to exercise influence at the regular meetings of the Federal Executive Council at Government House; however this requires the governor-general to have existing legal experience due to the volume of material,

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7254-420: The advice of the health minister of a human biosecurity emergency under the Biosecurity Act 2015 in March 2020, due to the outbreak of the COVID-19 pandemic . Formally, the governor-general may exercise the traditional rights of the monarch as identified by Bagehot : the right to be consulted, to encourage and to warn. However, the practical ability to exercise this right is limited. Unlike in Canada or

7371-455: The armed forces and therefore does not control the military in any operational sense. Governors-general and colonial governors are also often appointed commander-in-chief of the military forces within their territory. A commander in chief is sometimes referred to as supreme commander , which is sometimes used as a specific term. The term is also used for military officers who hold such power and authority, not always through dictatorship, and as

7488-428: The assignment of powers by the monarch to the governor-general, the government also requested King George VI make similar proclamations of war on Australia's behalf. No formal declarations of war have been made since World War II, although other declarations on the start and end of time of "active service" have been made in other conflicts. The powers of command-in-chief are vested in the governor-general rather than

7605-401: The church's handling of allegations of sexual abuse of boys, for which he apologised before the Royal Commission into Institutional Responses to Child Sexual Abuse in 2016. In 1961, Lord Dunrossil became the first and, to date, only governor-general to die while holding office. A vacancy occurs on the resignation, death, or incapacity of the governor-general. A temporary vacancy occurs when

7722-480: The consent of the Folketing . Any measure which the King may take in pursuance of this provision shall forthwith be submitted to the Folketing". However, when reading the Danish Constitution, it is important to bear in mind that the k ing in this context is understood by Danish jurists to be read as the government (consisting of the prime minister and other ministers). This is a logical consequence of articles 12, 13 and 14, all of which in essence stipulates that

7839-502: The constitution put before the 1897 Adelaide Convention and professor of law at the University of Melbourne ), postulating that the letters patent and the royal instructions issued by Queen Victoria were unnecessary "or even of doubtful legality". Additionally, it was also previously believed that the monarch retained certain powers, such as the power to declare war, appoint diplomatic officers and to grant charters of incorporation and as such these powers were assigned separately to

7956-435: The constitution to the Governor-General. The monarch did not overturn the actions of governor-general Sir John Kerr in his dismissal of the prime ministership and government of Gough Whitlam during the 1975 Australian constitutional crisis , with the Queen's private secretary arguing that the power to commission the prime minister was "clearly placed within the jurisdiction of the governor-general, and The Queen has no part in

8073-407: The creation of the Order of Australia 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

8190-408: The decisions which the Governor-General must take in accordance with the Constitution". In an address to the Sydney Institute , January 2007, in connection with that event, Sir David Smith , a retired official secretary to the governor-general of Australia who had been Kerr's official secretary in 1975, described the constitution as conferring the powers and functions of Australia's head of state on

8307-428: 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. Three governors-general have resigned their commission. The first governor-general, Lord Hopetoun , asked to be recalled to Britain in 1903 over a dispute about funding for the post. Sir John Kerr resigned in 1977, with his official reason being his decision to accept

8424-567: The everyday command and control is in the hands of the chief of defence and the commander of the Finnish Border Guard . The economic administration of the Finnish Defence Force is the responsibility of Ministry of Defence . The duty of the president is to decide upon Since the constitutional reform of 2000, the minister of defence has the right to be present when the president uses his command powers, unless

8541-468: 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 Andrew Inglis Clark , senior judge of the Supreme Court of Tasmania , who with W. Harrison Moore (a contributor to the first draft of

8658-706: 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 Australia. Sir William Deane (governor-general 1996–2001) described one of his functions as being "Chief Mourner" at prominent funerals. In Commentaries on

8775-456: The government of Gough Whitlam and appointed opposition leader Malcolm Fraser as prime minister while an election was held. Kerr acted following the blocking of supply by the opposition controlled Senate, arguing that this gave him both the right and duty to dismiss the government when they did not resign or advise an election. The event remains one of the most highly debated and controversial in Australian political history. In addition to

8892-418: 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

9009-439: The governor-general is overseas on official business representing Australia. A temporary vacancy also occurred in 2003 when Peter Hollingworth stood aside. 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

9126-500: The governor-general represents the nation as a whole. Domestically, this role entails attending services and commemorations, sponsoring community organisations and hosting events at one of the two official residences ( Government House in Canberra and Admiralty House in Sydney). Internationally, the governor-general represents Australia by travelling to significant events and by performing and receiving state visits . The governor-general

9243-400: The governor-general under section 2. However, the current interpretation of the Constitution is that all royal prerogatives are exercisable by the governor-general under section 61 and in recognition of this, the vesting of additional powers ended in 1987. While separate letters-patent still exist for the governor-general, these merely provide for the appointment of administrator in the case of

9360-419: The governor-general's absence or incapacity and requires the governor-general to make an oath or affirmation of allegiance and one of office. Commonwealth Solicitor-General Maurice Byers stated in 1974: "The constitutional prescription is that executive power is exercisable by the governor-general although vested in the Queen. What is exercisable is original executive power: that is, the very thing vested in

9477-471: The governor-general's position under the constitution. This remains the case even when the sovereign is in the country: solicitor-general Kenneth Bailey , prior to the first tour of Australia by its reigning monarch in 1954, 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

9594-525: The governor-general's salary to an amount slightly higher than the average salary of the chief justice of the High Court over the next five years. Since 1995, this has been reduced to take into account any existing pension the incoming governor-general currently receives. This provision led to the salary increase of current governor-general Samantha Mostyn (of $ 495,000 to $ 709,017) being significantly greater than other new governors-general, as unlike previous governor-general David Hurley , she does not receive

9711-468: The governor-general. Such advice is generally the result of decisions already made in Cabinet , the de facto highest executive body in Australia. While some provisions in the Constitution refer the "Governor-General" and others to the "Governor-General in Council", this does not mean that there is in element of discretion in the former; this distinction merely indicates that that the former powers were those that were historically classified as belonging to

9828-439: The governor-generalship, and went as far as to have the necessary documents drawn up. Casey had twice called McMahon into Yarralumla to give him a "dressing down" over his poor relationship with deputy prime minister John McEwen , which he believed was affecting the government. Holt believed that this was an improper use of his authority, but no further action was taken. [REDACTED] [REDACTED] The governor-general has

9945-470: The head of the military is deeply rooted in tradition. While the 1953 constitution does not explicitly designate the monarch as commander-in-chief; it is implicit, given the general provision in article 12 and the more specific wording of article 19 (2): "Except for purposes of defence against an armed attack upon the Realm or Danish forces, the King shall not use military force against any foreign state without

10062-408: The house. Under the Constitution, the executive power of the Commonwealth is vested in the monarch, but is exercisable by the governor-general. However, such power is only exercised on the advice of ministers in accordance with the principles of responsible government . This occurs formally through the Federal Executive Council , a body of all current (and technically former) ministers that advises

10179-408: The issue of his management of sex abuse cases during his time as Anglican archbishop of Brisbane became a matter of controversy. The governor-general makes state visits overseas on behalf of Australia, 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

10296-403: The lack of any requirement for executive-councillors to be briefed or otherwise senior in the government, and the expectation by some governments that the governor-general should only act as a rubber stamp . The reserve powers are those powers that the governor-general may exercise independently, that is in the absence of or against ministerial advice. While most of these powers are listed in

10413-404: The matter is of immediate concern. In questions of strategic importance, the prime minister has the same right. The president commissions and promotes officers and decides on activating reservists for extraordinary service and on the mobilisation of the Defence Forces. If Parliament is not in session when a decision to mobilise is taken, it must be immediately convened. Declarations of

10530-474: The mid-19th century. Sir Charles FitzRoy (governor of New South Wales from 1846 to 1855) and Sir William Denison (governor of New South Wales from 1855 to 1861) also carried the additional title of governor-general because their jurisdiction extended to other colonies in Australia. The office of governor-general of Australia was conceived during the debates and conventions leading up to federation . The first governor-general, John Hope, 7th Earl of Hopetoun ,

10647-494: The military. The role of commander in chief is laid out in Article 28 of the Constitution of Belarus , which states that he/she has the authority to "appoint and dismiss the high command of the Armed Forces". Article 167 of the Constitution of Belgium designates the king as the commander-in-chief. In practice, the Chief of Defence is the head and commander of the Belgian Armed Forces . He reports directly to

10764-635: The minister is the chief of defence , the senior-ranking professional military officer heading the Defence Command , who commands the Army , the Navy , the Air Force and other units not reporting directly to the Ministry of Defence . According to the Constitution , Article 128, Section II, Title IV, the president is the head of foreign policy, the civil administration and the commander-in-chief of

10881-430: The minister of defence. In war and in cases where the minister of defence is not fulfilling orders, the commander-in-chief exercises his command directly through the chief of General Staff . According to the 1992 constitution , the president of the Czech Republic is the commander-in-chief of the Armed Forces according to Article 63(1)(c), and appoints and promotes generals under Article 63(1)(f). The president needs

10998-473: 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 1975 raised the possibility of the prime minister and the governor-general attempting to dismiss each other at the same time. According to William McMahon , Harold Holt considered having Lord Casey dismissed from

11115-423: The monarch to disallow a law passed within the last two years, which would annul the law on the governor-general's proclamation or message to the houses. However, since the assumption of full sovereignty and the emergence of an independent Crown of Australia, the British government no longer has these powers and the reservation power has only occasionally been used for bills that affect the monarch personally, such as

11232-526: The nation as a whole. The current governor-general is Sam Mostyn . Significant functions of the governor-general include giving royal assent to bills passed by the houses of parliament , issuing writs for elections , exercising executive power on the advice of the Federal Executive Council, formally appointing government officials (including the prime minister, other ministers, judges and ambassadors), acting as commander-in-chief of

11349-622: The naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative. In practice, however, the Governor-General does not play an active part in the Australian Defence Force 's command structure, and the democratically accountable Australian Cabinet (chaired by the Prime Minister ) de facto controls the ADF. The Minister for Defence and several subordinate ministers exercise this control through

11466-498: The office-holder. For transportation, the governor-general has access to a Rolls-Royce Phantom VI limousine for ceremonial occasions or an armoured BMW 7 Series for ordinary official business. These cars fly the flag of the governor-general of Australia and display the Tudor Crown instead of number plates. Originally, two Phantoms were available after being purchased in the 1970s to be used for royal tours. One of these cars

11583-675: 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 the United Kingdom and thus held the additional style The Right Honourable for life. The same individuals were also usually either peers , knights, or both (the only Australian peer to be appointed as governor-general

11700-553: 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 John Kerr was curtailed considerably after the constitutional crisis of 1975 ; Sir William Deane 's public statements on political issues produced some hostility towards him; and some charities disassociated themselves from Peter Hollingworth after

11817-481: The position of Australian ambassador to UNESCO in Paris, a post which ultimately he did not take up, but the resignation also being motivated by the 1975 constitutional controversy . In 2003, ex-archbishop Peter Hollingworth voluntarily stood aside while controversial allegations against him were managed, and the letters patent of the office were amended to take account of this circumstance. He later stepped down over

11934-535: The position of Robert Menzies in 1939, who assumed that the declaration of war by the United Kingdom in World War II automatically applied to Australia. However, in 1941 opinion had shifted and the Curtin government advised the governor-general to declare war on several Axis powers . However, it was still unclear whether the governor-general had the constitutional power to declare war, so in addition to requesting

12051-474: The post-nominal AC by virtue of being Chancellor and Principal Companion of the Order of Australia. Quentin Bryce was the first governor-general to have had no prior title or pre-nominal style. She was in office when, on 19 March 2014, then prime minister Tony Abbott advised the Queen to amend the letters patent of the Order of Australia to reinstate knighthoods into the Order, with the governor-general becoming

12168-533: The powers vested in the monarch can only be exercised through ministers, who are responsible for all acts. Thus, the Government, in effect, holds the supreme command authority implied in articles 12 and 19(2). The Danish Defence Law ( Danish : Forsvarsloven ) designates in article 9 the minister of defence as the supreme authority in Defence ( Danish : højeste ansvarlige myndighed for forsvaret ). Under

12285-401: The prerogative of the monarch alone. Many executive powers are also bestowed on the governor-general by statute. This allows the government of the day (acting through the governor-general) to perform certain acts that would otherwise require legislation. Such provision are often made where legislating may be too slow, as for the declaration of emergencies. An example this was the declaration on

12402-427: The reign of Louis XIV , France has been strongly centralised. After crushing local nobles engaged in warlord-ism, the kings of France retained all authority with the help of able yet discreet Prime ministers ( Mazarin , Richelieu ). The French Revolution transferred the supreme authority to the King (in the context of the short-lived constitutional monarchy), then to the multi-member Comité de Salut Public during

12519-485: The section was that it vests command of the military in the governor-general personally, but only to the extent that the power to give orders or call out the military does not require formal advice from the Federal Executive Council but instead the direct advice of the relevant minister. Other powers exist in the Defence Force Act 1903 , such as the power to appoint the chief of the Defence Force , to call out

12636-806: The sovereign to pay state visits on behalf of countries other than the United Kingdom. However, an Australian governor-general did not exercise that right until 1971, when Paul Hasluck visited New Zealand. Hasluck's successor John Kerr made state visits to eight countries, but Kerr's successor Zelman Cowen made only a single state visit – to Papua New Guinea – as he wished to concentrate on travelling within Australia. 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, notably in 2009 when Quentin Bryce visited nine African countries in 19 days. The governor-general accredits (i.e. formally validates) Australia's ambassadors through sending

12753-540: The supreme authority in Vichy France , while Général Charles de Gaulle , acting on behalf of the previous regime, founded the Free French Forces , upon which he held supreme authority all through the war. The following and short-lived Fourth Republic was a parliamentary system, which was replaced by the present Fifth Republic , a semi-presidential system . According to the Constitution of Ghana ,

12870-477: The term was first used during the English Civil War . A nation's head of state (monarchical or republican) usually holds the position of commander-in-chief, even if effective executive power is held by a separate head of government . In a parliamentary system , the executive branch is ultimately dependent upon the will of the legislature ; although the legislature does not issue orders directly to

12987-552: Was Lord Casey ; and Sir William McKell was knighted only in 1951, some years into his term, but he was entitled to the style The Honourable during his tenure as premier of New South Wales, an office he held until almost immediately before his appointment). In 1989, Bill Hayden , a republican, declined appointment to the British Privy Council and any imperial honours . From that time until 2014, governors-general did not receive automatic titles or honours, other than

13104-488: Was a parliamentary system, where the military authority was held by the president of the Council of Ministers , head of government, although the president, head of state, retained ceremonial powers. During World War I , the many visits to the trenches by the elder statesman Georges Clemenceau impressed the soldiers and earned him the nickname Father of Victory ( French : Le Père de la Victoire ). During World War II , Maréchal Philippe Pétain assumed power and held

13221-625: Was a previous governor of Victoria . He was selected in July 1900, returning to Australia shortly before the inauguration of the Commonwealth of Australia on 1 January 1901. After the initial confusion of the Hopetoun Blunder , he appointed the first prime minister of Australia , Edmund Barton , to a caretaker government, with the inaugural 1901 federal election not occurring until March. Commander-in-chief A commander-in-chief or supreme commander ( supreme commander-in-chief )

13338-589: Was gazetted in 1972. He retired on 7 April 1972 and relinquished all authority and duties to the president of Bangladesh. The president of Belarus is the Commander-in-Chief of the Belarusian Armed Forces ( Belarusian : Галоўнакамандуючы Узброенымі Сіламі Рэспублікі Беларусь ). The Belarusian commander in chief has an official uniform befitting of the rank, which the president wears on official occasion and ceremonies in relation to

13455-499: Was incompatible with the Scout Promise . He did however serve as the association's patron during his term of office. While the governor-general is the monarch's representative, as provided by section 2 of the Constitution, the powers they exercise are solely granted by the Constitution. This was not always seen to be the case however, with section 2 also providing that the governor-general may exercise other powers, subject to

13572-466: Was sold in 1995 to a Sydney doctor, having previously carried the Queen during a royal tour and later being pelted with eggs when it carried Sir John Kerr following the Dismissal in 1975. The car was then entered into the almost 15,000 km long Peking to Paris rally, where it became known as "Lizzie's Taxi" and secured fourth place. The car is now owned by Lindsay Fox and is often on display as

13689-415: Was the Supreme Commander of all the Armed Forces of the Republic. In absence of him, then Vice President Syed Nazrul Islam was acting President and acting Supreme Commander of all the Armed Forces of the Republic. The commander-in-chief of Bangladesh Armed Forces is the president , although executive power and responsibility for national defense resides with the prime minister . This is discharged through

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