Mr Latham asked the Prime Minister, upon notice, on 7 November 1996:

(1) Further to his answer to question No. 822 (Hansard, 4 November 1996, page 6301), does the Constitution of the Order of Australia provide that the Council for the Order of Australia shall consist of the Chief Justice of Australia, among others.

(2) Is he able to say whether the present Chief Justice has indicated to the Governor-General that he did not consider it appropriate for him or any other Justices of the High Court to serve on the Council; if so, when.

(3) Have steps been taken to amend the Constitution to exclude Justices from the Council.

Mr Howard —The answer to the honourable member's question is as follows:

(1) On 1 August 1996 amendments were made to the Constitution of the Order of Australia. These included the removal of the ex-officio appointment of the Chief Justice as a member of the Council. See Commonwealth of Australia Gazette No. S303 of 16 August 1996.

(2) Yes. See my answer to part 2 of question No. 822. Chief Justice Brennan, AC, KBE advised the Governor-General of this on 21 April 1995.

(3) The Constitution makes no provision in respect of Justices, other than the reference to the Chief Justice of Australia prior to 1 August 1996. As stated at p. 268 of the Report of the Review of Australian Honours and Awards: "The Chief Justice. . . . . . ..indicated to the Governor-General that he does not consider it appropriate for him or any other Justices of the Court to serve on the Council.".