Essay in S Rufus Davis (ed.), Citizenship in Australia: Democracy, Law & Society,The term ‘constitutional head of state’ is adopted to distinguish those like the Governor-General and Governors — who under the Commonwealth Constitution or their State Constitution perform almost all the duties of head of state — from the Queen, who remains in a formal sense head of state of the Australian Commonwealth and States. The term is used in that way in recent writings.
Constitutional Centenary Foundation, Melbourne, 1996, p. 241
(See, David Butler and D.A. Low (eds), Sovereigns and Surrogates: Constitutional Heads of State in the Commonwealth, Macmillan, London 1991, p. 9 n.1. In my later writings I have used the term, ‘operative head of state’: REMcG)
Exercise of the responsibility of guarding the democratic system has direct effect upon the value of a person’s citizenship. Belonging to a community which has democratic government and the rights, protections and advantages of a democracy is the most valuable part of being a citizen in this country. Serving and supporting our democracy in the interest of all citizens is the first responsibility of a constitutional head of state today. In 1992 in my first speech upon taking the oaths of Governor I said, ‘The most important responsibility of the Governor is to facilitate the working of the parliamentary democracy of this State’. The Governor-General and the Governors of the States do much the same things in their areas, and the Administrator of the Northern Territory has a similar role too. I shall discuss what is done by the Governor of Victoria as a typical example of what they all do.
In 1788 Governor Phillip, as Governor of New South Wales, became the first Governor in Australia. As the oldest part of our system of government the governorship has gone through the greatest evolutionary change. Originally the Governor had the wide and largely uncontrolled powers of an autocrat. As our system of democracy has developed, the Governor still has numerous powers but by convention or law they are exercised as decided by Ministers of the elected Government of Victoria. Thus they are exercised responsively to the will of citizens expressed in elections.
For many years Governors had to comply with instructions from the Monarch or British Ministers. When the Australia Acts 1986 were passed by the Commonwealth Parliament and the Parliament of the United Kingdom at the request of all State Parliaments, practices which had already evolved became law. Now the Governor is under no control, supervision or veto at all of the Queen or the British Government. Governor Phillip’s powers were all powers of the Monarch exercised as the Monarch’s representative. By the Victorian Constitution and Acts of its Parliament most of the powers of head of state have now been conferred directly on the Governor as the Governor’s powers. Some head of state powers in respect of Victoria remain powers of the Queen but in most cases it is only the Governor, not the Queen, who can exercise them. The Governor exercises those powers of the Queen as her representative. From a British origin, governorship now has an Australian character which has evolved to suit conditions and experience here.
Because democracy was attained by earlier generations, citizens sometimes take it for granted, forgetting that it is difficult to build but easy to lose. Its value is seen by comparing experience in countries which lack it. The right of citizens at intervals of not more than three or four years to decide, in free and fair elections, who of those seeking government will have it, directly affects the way Governments act. A Government must treat its citizens in a way that will earn electoral approval if it is to continue in government. Our system has a large degree of separation of powers between the essential organs of government, mentioned later. This enables each of them to act as a check and balance upon excesses of power by the others. The division of powers between the Federal system of government and those of the States has a similar effect.
The first vital component of a good democracy is its constitutional structures such as free elections, Parliament, Government and courts. The second essential is that the great majority of citizens have a respect and concern for others and their rights and interests and a readiness to accept and comply with their own responsibilities and the decisions of the democratic system. The third is that most citizens have confidence in their community to influence the operation of the constitutional structures and the attitudes and confidence of the community towards the standards that add strength to democracy.
Constitutional Structures
Federation
Australia’s democracy operates through the separate systems of government of the Commonwealth and the States. Each system is of the same type with a constitutional head of state (Governor-General or Governor), a head of Government (Prime Minister of Premier), its own Parliament, court system and Public Service. Although they need to co-operate in many areas, constitutionally they are independent systems. Thus the Governor-General has no control over a Governor.
The Need for a Constitutional Head of State
Under our type of democracy a state system of government cannot operate without a Governor or someone to exercise the Governor’s powers. Those powers are needed to summon Parliament or dissolve it and hold a general election, to assent to its Bills, to appoint the Government or judges, or to use the many powers of the Governor in Council.
To ensure that there is always someone to exercise those powers Victoria’s Constitution provides for the appointment of a Lieutenant-Governor who acts if the Governor is unavailable. If neither were available, the Chief Justice or most senior Supreme Court Judge available could exercise the powers.
Effectiveness
The capacity of a Governor to guard democracy depends on the opportunities to exert influence, and increases if the Governor has a secure position and adequate staff support. These aspects are now examined.
Appointment
A Governor is selected solely by the Victorian Premier who may, but is not bound to, consult anyone else. The Premier advises the Queen to appoint the person and the Queen does so by commission. Selection of a Governor may be compared with that of a judge. In neither case is the electorate or Parliament involved. A judge is selected by the Government and appointed by the Governor in Council.
The Governor’s appointment is ‘at pleasure’, so the Governor could be dismissed at any time by the Queen on the advice of the Premier. In practice, before appointment the Governor makes an unenforceable arrangement with the Premier to serve for a period, customarily five years. In reality a Governor who acts in the way that a Governor should has a high degree of security to serve for the arranged period. It is, however, political and not legal security. It exists because every Premier and Minister knows that to have a Governor dismissed without being able to demonstrate that it was entirely justified would bring upon them great political disapproval and the condemnation of history. The political consequences of dismissal would be so severe that no Premier would advise it without consulting Cabinet colleagues. If there were no good reason for dismissal, Ministers, conscious of the political reaction which would follow it, would bring great political pressure to dissuade the Premier from advising it. In the last seventy-five years no Governor in Australia has been dismissed during the arranged period.
There is a view that a Governor of exemplary conduct would, without prior notice, be dismissed immediately a Premier made a telephone call to the Queen advising it. That overlooks the realities. The Queen is entitled to take the time necessary to investigate, seek information and decide whether to counsel the Premier against advising that course. Except in most exceptional circumstances, with modern communications and the practices of procedural fairness now followed in good administration, it is highly likely the Queen would have a number of inquiries made on her behalf. No dismissal would occur for some days.
Powers
The Governor’s powers, conferred directly by Victoria’s Constitution or other Acts of its Parliament, include the power to summon and dissolve Parliament and call an election, to appoint or dismiss a Government or Ministers, to appoint or dismiss judges and other senior statutory officers, and to exercise the numerous powers that Victorian Acts give to the Governor in Council. These powers are not powers of the Queen and she could never exercise them even if she were in Victoria. The position is different in the Federal system. If the Queen is in Australia she can exercise powers conferred on the Governor-General by Acts of the Commonwealth Parliament.
The Queen’s powers in respect of Victoria include the power to appoint or dismiss the Governor. Not surprisingly the Governor can never exercise this power. The Queen can exercise it wherever she is. The most significant of the other remaining powers of the Queen is the power to assent to a Bill passed by Parliament and to pardon or release a criminal offender. Since the Australia Acts 1986 it is only the Governor who can exercise these powers of the Queen, unless the Queen is personally present in Victoria, in which case either the Queen or the Governor could exercise them on the Victorian Premier’s advice. Those Acts make the Governor the representative of the Queen to exercise her powers in respect of Victoria.
Whether exercising a power of the Governor or a power of the Queen, the Governor now acts only on the advice of the Victorian Ministers, never on the advice or direction of the Queen or British Government.
Convention
The existence and observation of conventions ensure that the Governor’s powers are exercised in a way consistent with the democratic system of government. Constitutional conventions are customs or working rules which in political practice and public life are so uniformly followed and expected to be followed that, in practice, they are binding. Usually, however, courts will not directly enforce them.
It is an established constitutional convention that a power given to the Governor by the Constitution, although given in unqualified terms must be exercised in accordance with the advice of a Minister or Ministers. The Governor is bound by the convention in all but an exceptional situation where the Governor may rely on the reserve power discussed below. For historical reasons ‘advice’ in this context has a special meaning. There was time when the Governor could choose whether or not to act as Ministers advised. That was advice in the ordinary sense. After Victoria’s Constitution of 1855 introduced parliamentary democracy, the convention gave Ministers the power to give advice in more than the ordinary sense. They became entitled to give the Governor advice amounting to a binding request to act. In the constitutional area it is best to think of advice from Ministers to a Governor as a binding request.
As it is the vital mechanism which constrains the Governor to act consistently with the democratic will of citizens expressed in elections, it is worth examining why Governors treat the convention as binding. The convention originated in Britain. The reasons for the Monarch complying with it would seem to be, first, the Monarch’s sense of constitutional propriety; second, a long and deep family tradition; and third, knowledge of community expectation and the reaction which would follow breach. The convention established here binds a Governor equally whether exercising a power of the Governor or a power of the Queen. The main reasons for compliance are, first, the Governor’s sense of constitutional propriety; second, knowledge of community expectation and the massive disapproval and loss of reputation which breach would bring; and third, awareness that substantial breach would cause the Premier to give the Queen advice which would lead to the Governor’s dismissal with community approval.
The working balance of our democracy depends on the Governor complying with the convention and not becoming a political rival to the Premier and Government. The liability to prompt dismissal by an uncomplicated process is the crucial practical guarantee of the continuance of that working balance. If there was a Governor who from intellectual decline or other reasons decided to flout the convention, the remedy would be prompt and effective. Under Victoria’s Constitution, when the convention binds the Governor, the Premier gives the advice unless legislation authorises it to be given by the Ministers present at an Executive Council meeting. Executive Council is discussed later.
Office of the Governor
Studies on constitutional heads of state in systems like ours all emphasise how much their effectiveness depends on support from experienced and loyal staff. The Governor is well served in Victoria.
Since 1984, the Office of the Governor, an administrative office like a small department, related to the Premier’s Department, has supported the Governor’s activities and managed Government House and grounds. It is headed by the Official Secretary who owes a statutory responsibility to the Premier but who acts and is treated by all as having a predominant responsibility to the Governor. With the seniority and experience necessary for the unique position, the Official Secretary is the principal source of guidance and opinion for the Governor. There is an administrative staff of twelve and a service staff of ten full-timers and five part-timers.
Constitutional Duties
After an election it is the Governor who has the primary responsibility for ensuring that the democratic process works and a Government results from the electoral choices of citizens. The Governor’s concern during the life of the elected Parliament is that it should always produce a stable Government which has the confidence of the majority in the Lower House. Where one party or coalition obviously has a majority there, the position is clear and the Governor appoints as Premier the leader of the majority and appoints the other Ministers nominated by the leader. However, it is not always clear. In the Tasmanian election in 1989 the result in the Lower house was: Liberals 17, Labor 13 and Greens 5. The Governor investigated which major party the Greens would support, found it was Labor and appointed the Labor leader as Premier. This umpiring responsibility would increase in the event of more independents or members of small parties being elected to Lower Houses.
Situations requiring the Governor to make decisions and take steps to keep the system of government operating effectively do not occur often but they do occur. Professor Low has noted1 that during the forty years to the late 1980s there were about eighty occasions when the constitutional head of state of a system like ours in a Commonwealth country played a significant role in its constitutional life. The position is analogous to that of the captain of a passenger aircraft. Usually the crew and instruments fly it in a fairly routine way. Occasionally though, there comes an emergency when all the knowledge, skill and judgement of the captain are essential.
Parliament
Bills passed by both Houses need the signed assent of the Governor to become Acts of Parliament. The Governor acts on the Premier’s advice in giving assent but usually assent is given as a matter of course.
Check and Balance
The Chief Justice of Australia, Sir Gerard Brennan, has said the essential organs of government of a state are ‘the Governor, the Parliament, the Ministry and the Supreme Court’. Each of the essential organs acts as a check and balance upon the others. The Governor acts as a check and balance mainly upon the Ministry (or Government) and the Public Service which supports it.
Counsel and Warn
The Governor has the constitutional right to counsel Ministers upon the exercise of any of their powers or functions. It need not be something which directly involves the Governor. A Minister responsible for a Bill before Parliament is sometimes counselled upon it. Where Ministers advise the Governor to do something, they may be counselled against continuing that advice. The counselling is on the basis the Governor will do what Ministers finally advise.
Although possessing a wider right, Governors today usually confine themselves to counselling to preserve integrity of operation of the constitutional and governmental systems.
Their counselling seeks to ensure the Ministers exercise their powers and functions consistently with the Constitution and basic constitutional principles, with the law and with the basic principles and conventions of good government practice.
Except on the above grounds it is not my normal practice to counsel on issues of policy or discretion. Broadly, by electing the Government majority, the electorate authorises the Government to decide those issues. The Ministers appointed by the Governor and having the support of the parliamentary majority are responsible through Parliament to the community for decisions of policy or discretion. Ordinarily, it is for public opinion, citizens generally, Parliament and the electorate to have an influence in those areas, but not for the Governor.
Governor in Council
The Governor most commonly exercises the right to counsel and warn in connection with the exercise of powers as Governor in Council. The Governor in Council means the Governor acting in accordance with the advice of the Executive Council. The Executive Council consists of at least two rostered Ministers. Usually four Ministers, including two senior Ministers, meet each Tuesday with the Governor presiding. The Ministers represent Cabinet.
When Parliament intends to leave to Ministers important decisions on action to be taken under Acts, it usually gives the Governor in Council power to take the action. The Governor in Council has some thousands of powers of different kinds, such as making regulations, appointing judges, creating new municipalities or deciding planning appeals called in by the Minister. The Minister responsible for the Act giving the power decides what action should be taken and recommends it in writing to the Governor. The Clerk of the Executive Council receives the recommendation and explanatory papers by Thursday. The Clerk, an experienced officer of the Premier’s Department who acts as secretary of the Executive Council, gives the recommendation the first of its triple checks. This includes checking that required certificates and statements show compliance with regulations and guidelines designed to ensure good standards of administration and that other administrative requirements are met. The second check occurs when the Governor goes through the papers received on Friday afternoon. The check seldom goes beyond looking at the papers and the Act that gives the power. On occasions something is found that justifies counselling. For example, a recommendation may through oversight and the pressures of modern big government go beyond power or depart from fair procedures. Most exercises of power by the Governor in Council are unlikely ever to be tested for validity in court.
There are two counselling options. Usually the Governor asks the Clerk to request the Minister’s Department to reconsider the seeming defect and the recommendation is changed, withdrawn or satisfactorily explained. Infrequently, if the issue is very important the Governor asks the recommending Minister to call at Government House and Counsels the Minister directly. In practice, counselling almost always results in consensus as to what goes to Executive Council. If a change is made as a result of counselling there is no loss of face to Minister or Department because it remains confidential that the Governor counselled. My experience with both the Governments in office since I became Governor, that of Mrs Kirner and that of Mr Kennett, is that if the Governor counsels, Ministers and Departments are most concerned to ensure that what is finally recommended is free from objection. This comes from their sense of constitutional and administrative propriety. Before deciding whether to counsel it is open to the Governor to seek further information and defer the recommendation until the information is provided and considered. In ordinary practice counselling is to the Department or recommending Minister. The Governor can counsel the Executive Council Ministers against advising the Governor to act on a recommendation, but this seldom occurs.
The third check occurs at the Executive Council meeting. Under Cabinet guidelines only about one out of ten recommendations ever goes before Cabinet for consideration. The rest come directly from an individual responsible Minister. The Executive Council Ministers satisfy themselves that recommendations comply with Cabinet policies and decisions before advising the Governor to act on them. Sometimes, if they are not satisfied they advise the Governor to defer the recommendation to the next meeting so that it can be examined. The Governor in Council process is the final check on what is done by the Public Service. The knowledge that there will be the triple checks, of itself, has a salutary effect.
Money Warrant
The Treasurer cannot draw Government money from the Consolidated Fund without a warrant signed by the Governor. Usually the Governor relies on the certificate of the Auditor-General that the money is properly available. It is a check in the sense that if there were any reason to doubt that, the Governor could investigate and raise the issue with the Treasurer or finally with the Premier. I do not think that has ever occurred but there is safeguard in the Governor having to sign the warrant.
Built-in Check
There is merit in the built-in check which has developed in our system, whereby the effective decision on the exercise of power is made by Ministers but the power is exercised by the Governor. It has been observed that a Governor has little effective power but effectively denies others absolute power. Although bound by convention to act is advised, the Governor representing the community interest can have a fresh look at a decision to exercise power and by counselling cause Ministers to have second thoughts.
The checks and balances mentioned above arise from the constitutional capacity to exercise influence upon Ministers who make the effective decisions upon the exercise of power. In an era of continuing change there is a growing need for constitutional heads of state to have and use the capacity to check and counsel. Sir Paul Hasluck, Governor-General during 1969-74, emphasised the need for it. Modern government, ever more complex, is under strain as it seeks, in the information age, with scarce financial and human resources, to cope with the changes. Throughout Australia the organisational developments of recent decades have made a number of checks less effective than they were: much that Parliament once decided, Ministers now decide; through the party system Cabinet can now control Parliament, or at least its Lower House, instead of the other way around; Ministers’ decisions are increasingly influenced by political ministerial advisers rather than the Public Service; and the conditions of tenure of public servants do not encourage them to give advice that Ministers would not want to hear.
Protective Mechanism
There is an exceptional power which the Governor may use as a protective mechanism to prevent the democratic system from stalling or being abused. That is the reserve power. In a situation where it is an option to exercise the reserve power, the Governor is not bound by the convention that a Governor acts only in accordance with the advice of Ministers. A power given by Victoria’s Constitution in unqualified terms, which the Governor is ordinarily bound by convention to exercise on Ministers’ advice, may be exercised without or even contrary to that advice.
It is a power to be used only in exceptional circumstances as an absolute last resort when all other proper avenues for the solution of a crisis have failed. Good governorship requires a Governor to use influence in an impending crisis so that a solution will be reached by the political and parliamentary system without resorting to the reserve power.
It is a basic principle that the reserve power should never be used against a Premier unless the Governor has counselled and warned the Premier that it might have to be used if the crisis is not otherwise solved — then affords a proper opportunity for its solution. Premiers are very capable politicians and can usually reach a solution through the political process if given that warning and opportunity. The reserve power exists only in strictly limited situations. I shall give two examples.
If the Opposition clearly won an election but the defeated Premier refused to resign and advise the Governor to appoint the Leader of the Opposition as Premier, the reserve power could be used to prevent the system from stalling and abuse. The Governor could warn the Premier that unless that resignation and advice were given, the Premier would have to be dismissed. If the Premier’s position did not change, the Governor could, without the premier’s advice, dismiss him or her and appoint the Leader of the Opposition as Premier.
The authority for a Government’s regular expenditure is called ‘supply’ and given each year by Acts of Parliament called ‘Appropriation Acts’. If a Government was unable to obtain supply because the Upper House refused or failed to pass an Appropriation Bill, and would run out of money and be unable to continue governing without breaking the law, it would be open to the Governor to tell the Premier that, unless supply was obtained by a named date, the Governor would have to consider dissolving the Parliament and calling an election and, if necessary to accomplish that, dismissing the Premier. The Governor in the meantime should use influence to prevent that situation from occurring. If supply were not obtained by the date, the Governor could at the appropriate time exercise the reserve power to dissolve Parliament and, if necessary to accomplish that, dismiss the Premier. I shall not enter into the controversy of whether it would be appropriate to exercise such power before supply was exhausted, when it was exhausted, or when clear and substantial illegality was imminent or had arisen. Nor shall I consider whether an Upper House should have or should use power to block supply.
It has been said that appointment "at pleasure" would inhibit a Governor from properly exercising the reserve power — that the Premier, when warned of this power’s imminent invocation, could have the Governor dismissed. However, such reasoning overlooks the reality. The Governor’s position is actually strengthened in such a situation because all concerned are aware of the backlash that would erupt against a Premier who had the umpire dismissed.
There is little risk of a Governor exercising the reserve power unless it is amply justified. There will always be some resentment when the reserve power is exercised. Massive resentment would follow an exercise that was not clearly justified. A Governor’s concern to maintain a good reputation with citizens and with history would ensure that the power would be used with care and caution. The mere knowledge that the reserve power exists makes its use unlikely. Premiers and Governments order affairs so that no occasion for its use arises.
Governor Consulting
Because only Ministers can give the Governor a binding request to exercise powers, and because such a request is called "advice", the view has sometimes been taken that the Governor can consult no one other than Ministers for advice in the ordinary sense. That is not so. Provided there is no breach of confidentiality, it is open to the Governor to consult any appropriate expert for an opinion relevant to, for instance, counselling or the exercise of the reserve power. The Official Secretary and the Solicitor-General are obvious consultants.
Citizens Attitudes
Cohesion
The Governor and Governor’s spouse act so as to be symbols of unity and cohesion within the community. They seek to have empathy with all citizens of the State. In a democracy where Government and Opposition are continually in competition for the support of the electorate, it is important that the Governor and spouse should continually emphasise the things that bind us together, and the fact that these are stronger and deeper than the things that divide us.
My wife and I have numerous opportunities to do this. We spend much time meeting as many people as we can and building good relations with them. Our program is on target to take us during our five years to every municipality in Victoria, before or after amalgamation. About every five weeks we go to regional Victoria for about three days. As well we go to metropolitan municipalities for a day. We visit numerous community organisations. We are stimulated by the many people we talk to, the activities we see and what we learn. Our visits bring home to people the basic idea of a democracy, that people are important wherever they are. There is a wholesome community feeling of entitlement to our presence on important occasions. The desire and demand is so widespread that our invitations from community groups are many times greater than the number of visits we could make.
Government House, with its combination of office space, reception area and living accommodation, is a graceful and impressive focus for the Victorian community. The Governor’s role as its custodian is important. Presence at a function there, run in a welcoming and dignified way by its skilled staff, is an experience citizens regard as something special and not be forgotten. Being guests at what has long been the Governor’s home adds to the lustre. The delight on the faces of the families of those who receive Order of Australia awards in the splendid ballroom is a pleasure to see.
Usually about 20,000 people accept our invitation to visit Government House and go through it free of charge on the annual Open Day. My wife and I speak to many as they leave and we get the impression they take a pride in it. There are some 16,500 other visits during the year. Every week, tours of the State apartments conducted by National Trust guides are available to everyone for a small charge made by the Trust.
Good Citizenship
Democracy works well only if citizens want it to and if, of their own choice, they do what is necessary to ensure that it does. In democracy there is no authority which can force people to make the system work. It needs citizens in their various areas of activity to accept responsibility and take steps personally to have their area operate as it should. We use our visits and our invitations to Government House as a way of expressing community gratitude and encouragement to those who demonstrate the qualities of citizenship that make a good democracy. This encourages others to follow their example. Those whose respect and concern for others lead them to voluntary community service and those whose acceptance of responsibility has led to high achievement in other community service are recognised in that way. That includes those organisations or their representatives who have made high contribution in voluntary service, industry, the professions, science, education, arts, culture, sport, bravery, caring for others and many other areas.
Once invitations to Government House were limited to those of high social standing. Invitations now go to those who have shown good citizenship at any community level. Many of high social standing are included, but that is not the reason for the invitation. We give receptions for worthy community organisations which encourage the attitudes and perform the services needed in our democracy. We visit them and learn of their work. We accept invitations to become patrons. This allows the organisation to refer to the patronage on its letterhead and serves as a mark of community approval for what it does. The test for invitations, visits and patronages is always the quality of the organisation’s work for the community.
Often by arrangement with Ministers, we host a presentation of awards for excellence which involves both the Minister and me. The Premier’s VCE Awards for students and Awards for Medical Research are examples. Each year along with the Minister for Industry and Employment I speak when I present the Governor of Victoria Export Awards in the ballroom. Later I visit the plant of each winner, see what is being done, and make a speech of appreciation to management and staff.
Usually on visits or receptions I make a speech in which I try to act as an ambassador for our democracy. In speeches I keep out of any area of partisan political controversy. Having the aim of encouraging cohesion I seek to avoid producing division. I advance views I hold and which I consider the great majority of citizens, if they thought about it, would agree with or approve of a Governor saying. I often speak to encourage volunteers, to stress the importance of strong family units, and to emphasise the need for education to teach ethics and values. I remind audiences of the grave detriment of unemployment to those who suffer from it and to community and its democracy.
Citizen Confidence
Apolitical
To have the confidence of the community and to build confidence in the democratic system a Governor must obviously be above politics and favour no political group or philosophy. Victorian Governors do not vote in State, Federal or municipal elections. This frees them from forming a political preference. If a Governor were seen as politically partisan, citizens would not feel confident if it fell to the Governor to decide which political leader had the support of the majority of the Lower House or to exercise the reserve power. Similarly, Ministers and departments could lack confidence in the Governor’s counselling, and also, the Governor would be unlikely to build community cohesion.
Ceremonies
Hugh Mackay has said, "Every tribe needs its elders. Every community needs its rituals. Every society needs ceremony. Civic symbols are the things we use to reassure ourselves about history, our heritage, our identity, and our distinctive place in the world".
Ceremonies draw citizens together and impart in them a confidence in the community, its character and values. A community which does not have ceremonies to encourage the recollection and adoption of good values tends to develop ceremonies which sow the seeds of evil values, as the history of our time has shown. People most fully identify with a ceremony, and its impact is maximised, if the leading role is taken by the individual who carries the symbolism of the apolitical constitutional head of state. The Governor fulfils this role at a variety of local ceremonies throughout Victoria, and also makes the opening speeches at many international, national, State and local conferences. The occasions given most publicity are the address from the Shrine forecourt on Anzac Day and from the steps of Parliament House on Australia Day — both of which express the feelings, values and memories of citizens on those days.
The Need for Knowledge
For about thirty years, little education was provided about our democratic system. However, it is hard for citizens to have the necessary confidence in their democracy if they do not know what it is and how it works. Naturally, as we approach a century of federation, there are proposals for constitutional change. Citizens now need a realistic knowledge for how the system works, and why it works that way, before they are able to make a sound decision on the effect a particular change might have and on whether or not to support it.
The issue of whether Australian States should have a monarchic or a republican head of state is a good example. It is not enough to pose the general question of whether a monarchic or republican system is preferable. Most people would have a ready answer to that, one way or the other, from sentiment, intuition and vision of the future. The realistic choice is between the present monarchic system and a particular type of republic, because there are so many kinds. A good working knowledge of the present system is a basic requirement for assessing the way a particular type of republic would work here, for making comparisons and arriving at an informed choice.
Increase Knowledge
Governors today take every opportunity to facilitate and encourage increased community knowledge of our democratic system. In 1994 the Office of the Governor produced a booklet, The Role of the Governor of Victoria. In 1995 I chaired a committee which produced the book, Victoria’s Constitution: The Constitution of Victoria with notes on how it works. The notes are written so as to be clear to anyone with a secondary education. It is now in its second edition. These publications are for sale at Information Victoria and other outlets, are on Vicnet and the Internet, and by arrangement with the Minister of Education were presented to the library of every school in Victoria - State, Catholic and independent. An article of mine, ‘Governorship in Australia Today’, was published in London in The Parliamentarian, and in Melbourne in the Victorian Bar News, in 1994. In 1994 Dr Davis McCaughey, Governor of Victoria 1986-92, gave the Wolfsohn Memorial Lecture, ‘The Crown at State Level’, which has since been published, and the history he wrote with Naomi Perkins and Angus Trumble, Victoria’s Colonial Governors, was also published. I often speak to secondary school students and community leaders and groups on what Governors do.
Since 1994 I have chaired Governor’s Forums at Government House where speakers with great knowledge and experience of some aspect of government speak to a selected audience. Citizens, particularly younger people, with an interest and likely interest in that area are invited. The topic can come from anywhere on the scale ranging from local to international government. So far, a Judge of the International Court of Justice has spoken on that Court; a General spoke on whether the United Nations should have standing armed forces; and the Head of the Department of Foreign Affairs spoke on the future of the United Nations. With the discussion held on neutral ground and the Governor presiding, the forum is kept clear of partisan politics. I have launched Constitutional Awareness Weeks for the Constitutional Centenary Foundation, spoken at Schools Constitutional Conventions and, in 1995, hosted the final one for Victorian schools in the ballroom of Government House.
Conclusion
This essay, limited as it is to activities particularly related to the democratic system, does not cover other work of the Governor — work such as representing Victoria overseas or receiving representatives from other countries or ordinary administrative work which takes a good deal of time. For a constitutional head of state in Australia today, the responsibility of guarding democracy in the interest of its citizens has several integrated areas of operation, mutually dependent and each important.
Note
Low, Sovereigns and Surrogates: Constitutional Heads of State in the Commonwealth, p. 298.Return to top of page