Save Search
    Prev (10)   Next (12)   Return to results listPrint ListEmail Document Link

Title

Ch1 The Parliament and the role of the House / GOVERNOR-GENERAL / Powers and functions / Functions in relation to the Parliament

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

The Parliament and the role of the House

Chapter No.

Chapter 01

Page

12

Section No.

 

System Id

procedural/practcer/chapter01.09.doc


Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Previous Fragment    Next Fragment
Ch1 The Parliament and the role of the House / GOVERNOR-GENERAL / Powers and functions / Functions in relation to the Parliament



Download WordDownload Word

House of Representatives                                Ch 1                                                 p 12

 

The Parliament and the role of the House / GOVERNOR-GENERAL / Powers and functions

 

Functions in relation to the Parliament

The functions of the Governor-General in relation to the legislature are discussed in more detail elsewhere in the appropriate parts of the text. In summary the Governor-General’s constitutional duties (excluding functions of purely Senate application) are:

  • appointing the times for the holding of sessions of Parliament (s. 5);

  • proroguing and dissolving Parliament (s. 5);

  • issuing writs for general elections of the House (in terms of the Constitution, exercised ‘in Council’) (s. 32);

  • issuing writs for by-elections in the absence of the Speaker (in terms of the Constitution, exercised ‘in Council’) (s. 33);

  • recommending the appropriation of revenue or money (s. 56);

  • dissolving both Houses simultaneously (s. 57);

  • convening a joint sitting of both Houses (s. 57);

  • assenting to bills, withholding assent or reserving bills for the Queen’s assent (s. 58);

  • recommending to the originating House amendments in proposed laws (s. 58); and

  • submitting to electors proposed laws to alter the Constitution in cases where the two Houses cannot agree (s. 128).

    • The Crown in its relations with the legislature is characterised by formality, ceremony and tradition. For example, tradition dictates that the Sovereign should not enter the House of Representatives. Traditionally the Mace is not taken into the presence of the Crown.

    It is the practice of the House to agree to a condolence motion on the death of a former Governor-General, 1 but on recent occasions the House has not usually followed the former practice of suspending the sitting until a later hour as a mark of respect. 2 In the case of the death of a Governor-General in office the sitting of the House has been adjourned as a mark of respect. 3 An Address to the Queen has been agreed to on the death of a former Governor-General who was a member of the Royal Family, 4 and references have been made to the death of a Governor-General’s close relative. 5

    During debate in the House no Member may use the name of the Queen, the Governor-General (or a State Governor) disrespectfully, or for the purpose of influencing the House in its deliberations. 6 The practice of the House is that, unless the discussion is based upon a substantive motion which admits of a distinct vote of the House, reflections (opprobrious references) must not be cast in debate concerning the conduct of the Sovereign or the Governor-General, including a Governor-General designate. It is acceptable for a Minister to be questioned, without criticism or reflection on conduct, regarding matters relating to the public duties for which the Governor-General is responsible. (For more detail and related rulings see Chapter on ‘Control and conduct of debate’.)

    On 2 March 1950 a question was directed to Speaker Cameron concerning a newspaper article alleging that during the formal presentation of the Address in Reply to the Governor-General’s Speech, the Speaker showed discourtesy to the Governor-General. Speaker Cameron said:

    I am prepared to leave the judgment of my conduct at Government House to the honourable members who accompanied me there. 7

    Later, Speaker Cameron made a further statement to the House stating certain facts concerning the personal relationship between himself and the Governor-General. In view of this relationship, the Speaker had decided, on the presentation of the Address, to:

    . . . treat His Excellency with the strict formality and respect due to his high office, and remove myself from his presence as soon as my duties had been discharged. 8

    In a previous ruling Speaker Cameron stated that ‘the name of the Governor-General must not be brought into debate either in praise or in blame’. 9 Several Members required the Speaker to rule on this previous ruling in the light of his statement as to his conduct at Government House. Speaker Cameron replied that in his statement he had:

    . . . made a statement of fact. I have made no attack upon His Excellency. I have simply stated the facts of certain transactions between us, and if the House considers that a reflection has been made on the Governor-General it has its remedy. 10

    Dissent from the Speaker’s ruling was moved and negatived after debate. Two sitting days later, the Leader of the Opposition moved that, in view of the Speaker’s statement, the House ‘is of opinion that Mr Speaker merits its censure’. The motion was negatived. 11



    VP 1990-92/605.



    E.g. VP 1976-77/253-4; VP 1990-93/605.



    VP 1961/6.



    VP 1974-75/9.



    VP 1974-75/153.



    S.O. 88.



    H.R. Deb. (28.3.50) 1207.



    H.R. Deb. (30.3.50 ) 1416.



    H.R. Deb. (2.3.50) 362.



    H.R. Deb. (30.3.50) 1417.



    VP 1950-51/47-8, 55-6.