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House of Representatives                                Ch 2                                                 p 66

Dismissal

Although there is no constitutional distinction between resignation and dismissal, reasons for ministerial dismissal would be expected to concern questions of ministerial responsibility and accountability. Resignation implies voluntary action, at least publicly, on the part of a Minister whereas dismissal implies involuntary removal or may reflect the seriousness of the situation or offence.

In 1918 the Hon. J. A. Jensen was ‘removed’ from the office of Minister for Trade and Customs having received unfavourable mention in the report of the Royal Commission on Navy and Defence Administration. ¹

In 1975 the Hon. C. R. Cameron had his appointment as Minister for Labor and Immigration ‘determined’ after he had refused to resign during a rearrangement of the Ministry. Later, on the same day, he was appointed to another portfolio. ² Also in that year the appointment of the Hon. J. F. Cairns as Minister for the Environment was formally ‘determined’. ³ Prime Minister Whitlam informed the House that this action was because of a total discrepancy between information supplied to the House by the Minister and a letter he had written earlier, and because reported activities of an officer of the Minister’s staff would make it possible for that officer to make a profit from his position. The Prime Minister had received no satisfactory explanation of these matters. ⁴

On 11 November 1975 the Governor-General ‘determined’ the appointment of the Hon. E. G. Whitlam as his Chief Adviser and Head of Government as, in view of the prevailing circumstances, he had refused to resign or advise an election. Concomitantly the appointments of all the Ministers of his Government were also ‘determined’. ⁵

Following the finding of the Royal Commission of Inquiry into Matters in Relation to Electoral Redistribution of Queensland, 1977, that a certain action of Senator the Rt Hon. R. G. Withers constituted ‘an impropriety’ within the meaning of the Letters Patent appointing the Royal Commission, ⁶ his appointment as Minister for Administrative Services was ‘determined’ and his appointment as Vice-President of the Executive Council was ‘terminated’. ⁷

Ministers’ appointments have also been ‘determined’ by reason of ill health; ⁸ and following defeat at a general election. ⁹

Gazette 193 (13.12.18) 2353; VP 1917-19/411; H.R. Deb. (13.12.18) 9296. See H.R. Deb. (17.12.18) 9614-39 for Mr Jensen’s comments.

Gazettes S104 (6.6.75) and S106 (6.6.75); see also John Kerr, Matters for judgment , Macmillan, Melbourne, 1978, pp. 242-3. Sir John Kerr discusses also the power of the Governor-General to dismiss Ministers and the attempt by Mr Cameron to be heard by the Governor-General before being dismissed.

Gazette S133 (2.7.75) .

H.R. Deb. (9.7.75) 3556-7.

Simultaneous dissolution of the Senate and the House of Representatives by His Excellency the Governor-General on 11 November 1975 , PP 15 (1979) 1.

‘Matters in relation to electoral redistribution, Queensland, 1977’, Report of the Royal Commission of Inquiry , PP 263 (1978) 243.

Gazette S149 (8.8.78); H.R. Deb. (15.8.78) 16-19.

On 8 July 1976 the appointment of Senator the Hon. I. J. Greenwood was ‘determined’ because of his continuing ill health, VP 1976-77/253.

The appointment of the Hon. A. J. Grassby was ‘determined’ almost a month after his defeat at a general election. Gazette 48B (12.6.74) 1.