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Role
and Powers
[These notes
are drawn mainly from the text: Selway, The Constitution of South
Australia, 1997, Adelaide, the Federation Press].
The
role of the Governor and Executive Council
In addition
to fulfilling a symbolic role as local head of state, the Governor
plays an important practical role under the State's constitution.
The Governor is appointed by the Queen and, for most practical
purposes, exercises Her Majesty's powers in the State. These include
the fundamental powers to dissolve the Parliament, call elections
and appoint and dismiss Ministers.
However,
in all but the most unusual of circumstances, when exercising
these powers the Queen and the Governor always act on the advice
of the Premier and the State Government of the day.
In relation
to the normal day to day decisions that the Governor must make,
this advice is tendered by Executive Council which is made up
of Ministers of the Crown nominated by the Premier and appointed
by the Governor. When exercising a statutory power the Governor
must act with the advice and consent of Executive Council.
Appointment
of the Governor
Under section
7(2) of the Australia Act, Her Majesty appoints the Governor and
terminates the appointment. She exercises this power personally
on the advice of the Premier. As a matter of practice, the appointment
is usually for a maximum period of five years, although the appointment
is formally during Her Majesty's pleasure and not subject to any
term.
The appointment
is made on commission under the written signature of Her Majesty.
After appointment the Governor is required to take the oath of
office and the oath of allegiance under the Oaths Act 1936.
The
Governor's powers
The role
of the vice-regal representative has changed significantly over
the past one hundred and sixty years. When South Australia was
founded, the Governor determined matters of policy, made laws
and was responsible to the United Kingdom Government for the management
of the Colony. Representative government was achieved in 1856
and the Governor's links with the United Kingdom government continued
to diminish. The
Governor's powers are now principally derived from the Australia
Act 1986 and from the Letters Patent issued by Her Majesty on
14 February 1986.
The Australia
Acts were passed in 1986 by all Australian Parliaments and by
the United Kingdom Parliament. Together with the new Letters Patent
issued to all State Governors at that time, the Acts severed the
constitutional links that still remained between Australia and
the United Kingdom.
By virtue
of the Australia Act, the powers and functions of Her Majesty
in respect of a State are exercisable only by the Governor of
the State. Her Majesty can personally exercise her powers in respect
of the State when present within the State but she would do so
upon the advice of the Premier. Subject to the important limitations
set out below, this means that the Governor may exercise all the
powers of Her Majesty "in respect of a State".
The Governor
is no longer in any way subject to the direction, supervision
or veto of the Queen or the British Government. A Governor exercises
powers on the advice only of the South Australian Premier or Executive
Council and represents and is responsible to the South Australian
community.
The Governor
cannot exercise powers that are exclusively those of the Governor
General or the Governor of another State. These are not matters
that are "in respect of the State".
Examples
of the Governor's powers are:
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to
summon, prorogue and dissolve parliament (to prorogue means
to end a session of Parliament without dissolving it, while
to dissolve Parliament means to disperse its members and
issue writs for a general election); |
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to
recommend measures including the amendment of Bills to Parliament |
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to
make grants or leases of Crown land |
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to
appoint Ministers and dismiss them |
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to
assent to Bills passed by both Houses of Parliament |
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to
appoint judges, royal commissioners and higher public servants |
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to
exercise the prerogative of mercy: that is, the Governor
may issue pardons to prisoners and remit fines or sentences
imposed by courts |
The Governor
cannot exercise prerogative powers where such exercise is limited
or governed by statute.
Governor
acts upon advice
The Governor
is entitled to be informed, to be consulted and to encourage and
warn but, when exercising a statutory power, must act with the
advice and consent of Executive Council. This is now required
by section 23 of the Acts Interpretation Act 1915.
In practice
Executive Council gives formal and legal effect to the decisions
of Cabinet in so far as these require action by the Governor.
It is accepted practice that Executive Council will only advise
the Governor where there has been a previous decision of the Cabinet.
With the
exception of the reserve powers, the Governor can act only upon
the advice and consent of his or her Ministers. In certain circumstances
the Governor may exercise the reserve powers to dismiss or appoint
a Premier. Only in those circumstances is the Governor not required
to act upon advice.
Reserve
powers
There are
some limited circumstances where the Governor is authorised, and
indeed required, to act in the absence of Ministerial advice.
These involve the exercise of the so called "reserve powers".
Although
in the particular case of the reserve powers being exercised without
Ministerial advice or even contrary to Ministerial advice, this
does not mean that the exercise of power is entirely discretionary.
It is governed by conventions which are based on the theory and
principles of responsible Government.
Following
the enactment of the Australia Act it would seem that the Governor's
reserve powers are restricted to the appointment and dismissal
of the Premier.
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Biography
of the Governor
(Information
about Mrs Liz Scarce follows)
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His Excellency
Rear Admiral Kevin Scarce AC CSC RANR
Governor
of South Australia
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Kevin John
Scarce was born in Adelaide in 1952 and spent his early childhood
in Woomera. He was educated at Elizabeth East Primary School and
then at Elizabeth High School, from where he joined the Royal
Australian Navy in 1968.
After graduating
from the Naval College, Kevin served in HMAS Sydney in Vietnam
and then undertook courses in the United Kingdom in 1973. On return
to Australia he completed professional supply courses and then
served at sea in HMA Ships Vendetta, Yarra, and Duchess. In 1975
Kevin posted ashore to HMAS Watson where he married Elizabeth
Anne Taylor.
In 1977 he
participated in the Queen's Silver Jubilee celebrations in the
United Kingdom at Spithead whilst serving in HMAS Melbourne. On
completion of the cruise Kevin was posted to the RAN Staff College
Project to establish the first Naval staff course in Australia
which commenced in 1979.
The family
moved again later in 1979 to Washington DC to serve at the Australian
Embassy. On return to Australia in 1982 Kevin completed further
supply specialist training before posting to sea in HMAS Perth
as the Supply Officer. Promoted to Commander in 1985, Kevin undertook
one of his many postings to the Canberra region where he undertook
a variety of specialist logistic roles until 1987. In that year
the family moved again, this time to the Nowra area in New South
Wales where Kevin was appointed as the Supply Officer, Naval Air
Station HMAS Albatross.
Following
a year's study at the University of NSW, ADFA campus, where Kevin
completed a Master of Management Economics degree, he was promoted
to Captain and posted to Fleet Headquarters as the Fleet Supply
Officer. He remained in this role until a further posting to Canberra
in 1993.
In 1994 the
family moved back to Washington DC where Kevin completed a Master's
Degree in National Security Strategy at the War College, US National
Defense University. Kevin took command of HMAS Cerberus in 1995
where he remained until promoted to Commodore in 1997. Later in
that year Kevin was appointed as Flag Officer Naval Training Command.
The family moved twice in 1999: to Sydney early in the year where
Kevin was posted as Commodore Logistics, responsible for supporting
the Fleet at sea, and then back to Melbourne in December after
being promoted to the rank of Rear Admiral where he assumed the
duties of Support Commander - Navy.
From 2000
until 2003, as Head Maritime Systems in the Defence Materiel Organisation,
Kevin was responsible for the acquisition of all Australian Defence
Force ships and submarines and the support of these vessels and
their equipment through life.
Immediately
prior to retiring from the Royal Australian Navy in 2004 in the
rank of Rear Admiral, he briefly led the Defence Materiel Organisation.
This organisation, widely dispersed throughout Australia and overseas,
had 8000 staff spending more than $6B annually in acquiring and
supporting the entire Australian Defence Force's military platforms
and equipment.
Following
retirement, Kevin formed and led the South Australian Government
team charged with expanding the State's defence business opportunities.
One of the team's first initiatives, to build Air Warfare Destroyers
in Adelaide, was successfully achieved in May 2005 when the Federal
Government awarded the contract to the locally based ASC. The
State's $250 m package of infrastructure, skills development and
attraction was integral to the success of the ASC bid.
In 2006 Kevin
became an advisor to the corporation formed to deliver the State's
shipbuilding infrastructure and skills commitments, and was a
member of the Port Adelaide Maritime Corporation Board. He was
also Chairman of the Board of Foundation Daw Park, a volunteer
organisation that generates funding for medical research for veterans
and older Australians.
Kevin and
Liz have two children, a daughter, Kasha (1978), who works as
a youth counsellor with Boys Town in Sydney, and a son, Kingsley
(1980), who is a Lieutenant in the Royal Australian Navy.
Kevin is
a keen golfer, with aspirations well beyond his ability, likes
to keep fit, collects fine red wines and enjoys reading. He was
appointed as a Companion of the Order of Australia in the 2008
Australia Day Honours Awards for distinguished contributions to
Australia's defence industry and to the people of South Australia,
and was awarded the Conspicuous Service Cross in 1994.
Curriculum
Vitae
Tertiary
Qualifications:
Bachelor
of Financial Administration (University of New England)
Master of Management Economics (University of New South Wales)
Master of Science in National Security Strategy (National Defense
University, Washington DC)
Professional
Experience:
2006 - 2007
Advisor
Port Adelaide Maritime Corporation
2004 - 2005
Chief Executive, South Australian Government Defence Unit
Chairman, Defence Industry Advisory Board
2003 - 2004
Acting Under Secretary Defence Materiel Organisation
2000 - 2003
Head Maritime Systems
1999 - 2000
Support Commander Australia - Navy
1997 - 1999
Commander Logistics - Navy
Support Command Australia
1997 - 1998
Naval Training Commander
1995 - 1997
Commanding Officer, HMAS CERBERUS
Awards:
Companion
in the General Division of the Order of Australia
Australia Day 2008
Officer of
the Military Division of the Order of Australia
Australia Day 2004
Member of
the Military Division of the Order of Australia
Queen's Birthday List 2001
Conspicuous
Service Cross
Australia Day 1994
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Mrs
Liz Scarce |
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Elizabeth
Anne Scarce ( nee Taylor) was born on the 4th May 1952 in Toowoomba,
Queensland. She was educated at the Toowoomba East State School
and Toowoomba Presbyterian Girls' College. From 1970 to 1972 she
attended the Women's College at the University of Queensland,
in Brisbane where she studied a Bachelor of Arts degree, graduating
in May 1973.
In July 1973,
Liz joined the Women's Royal Australian Naval Service as a Recruit
Officer Cadet. Upon graduating as a Third Officer in December
1973, Liz served in HMAS Cerberus as the Communications Officer.
She met her future husband, Kevin, whilst serving in HMAS Cerberus
and they were married in the Naval Chapel at HMAS Watson in Sydney
in June 1975. Liz was appointed on the Admiral's staff of Flag
Officer Commanding East Australia Area from 1975 and continued
serving until 1978 when she left the Navy as a Lieutenant prior
to the birth of her daughter, Kasha.
Liz remains
part of Navy's Inactive Reserves.
Liz's association
with the Navy has been an extensive one as both her brothers were
naval officers. Her eldest brother, Bill, retired as a Commodore
in 1988 before entering Federal politics, whilst her other brother
Rod, retired as a Vice Admiral as Chief of Navy after more than
40 years of service. Liz's sister, Wendy Mackay, lives in Queensland.
The Naval legacy has been passed onto Liz's son, Kingsley, who
is serving in HMAS Melbourne as a Principal Warfare Officer. Kasha
is a youth counsellor in Sydney.
Liz's hobbies
are reading, films, gardening and watching cricket and football.
Prior to
coming to Adelaide in 2004, Liz was a volunteer for three years
at a retirement village in Canberra. Shortly after settling in
Adelaide, Liz started work as a volunteer at Resthaven in Malvern.
Wikipedia
entry on His Excellency
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Previous
Governors of South Australia
Other sources
of biographical information include Who's Who in Australia
and the Australian Dictionary of Biography
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Lieutenant
Governor
The Role
of the Lieutenant Governor
The Lieutenant
Governor is appointed by the Governor on the advice of the Premier
of South Australia. Appointment as Lieutenant Governor of
itself confers no powers or functions. Pending the appointment
of a Governor or in the event of the Governor's absence from the
State or incapacity, the official functions of Governor would
be performed by the Lieutenant Governor acting either as Administrator
or the Governor's Deputy, depending on the circumstances. If expecting
to be unavailable for a short period only, the Governor with the
consent of the Premier usually commissions the Lieutenant Governor
to act as Deputy for the Governor, performing some or all of the
powers and functions of the Governor. If the Lieutenant Governor
were unable to act, the Chief Justice of the Supreme Court usually
would become Administrator or Governor's Deputy.
In South
Australia, the Chief Justice traditionally held the position of
Lieutenant Governor, until the appointment of Dr Bray as Chief
Justice in 1967, when his predecessor Sir Mellis Napier
continued in the post until 1973.
Previous
Lieutenant Governors:
| Mr
B Krumins AM |
May
2000 - August 2007 |
| The
Honourable Dr Basil Hetzel AC |
April 1992 - May 2000 |
| The
Honourable Sir Condor Laucke KCMG |
July
1982 - April 1992 |
| Sir
Walter Crocker KBE |
September
1973 - June 1982 |
| The
Honourable Sir Mellis Napier KCMG |
February
1967 - September 1973 |
In the
absence of both the Governor and the Lieutenant Governor, a Chief Justice
or the next most senior Puisne Judge may serve as the Governor's Deputy.
The following Chief Justices of South Australia acted as Governor's Deputy
from time to time.
| The
Honourable John Doyle AC | April
1995 - present | | The
Honourable Len King AC | October
1978 - April 1995 |
| The
Honourable Dr John Bray AC |
February
1967 - November 1978 | | The
Honourable Sir Mellis Napier KCMG | February
1942 - February 1967 | | The
Honourable Sir George Murray KCMG | January
1916 - February 1942 | | The
Honourable Sir Samuel Way | March
1876 - January 1916 | | The
Honourable Sir Richard Hanson | November
1861 - March 1876 | | The
Honourable Sir Charles Cooper | July
1856 - November 1861 |
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How
to contact the Lieutenant Governor
Correspondence
should be addressed to Mr Hieu Van Le care of
Multicultural SA
24 Flinders
Street
ADELAIDE SA 5000
Phone: 8226
1944
Other
enquiries may be directed to:
Ms
Nicole Nicolaou
Administrative Assistant
Multicultural SA
nicolaou.nicole@agd.sa.gov.au
Phone: 8226 1947
Fax: 8226 1955
Biography
of the Lieutenant Governor
Mr
Hieu Van Le
Lieutenant
Governor of South Australia.
Mr
Le was Sworn-in as Lieutenant Governor on 31st August 2007.
Mr Hieu Van
Le, is the Chairman of the South Australian Multicultural and
Ethnic Affairs Commission (SAMEAC). Committed to the development
and promotion of multiculturalism in South Australia, Mr Le has
been a member of the SAMEAC for more than ten years, serving the
last three years as Deputy Chairman.
A Vietnamese born, Mr Le is the first person of Asian ethnic background
who holds the position of Chairman of the SAMEAC.
Mr Le is also a senior Manager with the Australian Securities
and Investments Commission (ASIC), his responsibilities include
the licensing and regulating of operators and advisers within
the financial and investment services industry.
Mr Le has a Degree in Economics and Accountancy and a Masters
Degree in Business Administration (MBA) from the University of
Adelaide in South Australia.
He is a member of the Australian Society of Certified Practising
Accountants (CPA) and a Fellow Member of the Financial Services
Institute of Australasia (Finsia). He is a lecturer at the Finsia
in the subject, Financial Services Law and Regulations and also
a lecturer at the Adelaide Institute of TAFE.
Mr Le is a recipient of the 1996 Australia Day Medal for outstanding
service to the ASIC and has been awarded the Centenary of Federation
Medal for service to the advancement of multiculturalism.
Information
courtesy of SA Multicultural & Ethnic Affairs Commission website
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