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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 (or ‘sign manual’) 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:
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. 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 Offer. 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) Professional Experience: 2006 - 2007 2004 - 2005 2003 - 2004 2000 - 2003 1999 - 2000 1997 - 1999 1997 - 1998 1995 - 1997 Awards: Companion in the
General Division of the Order of Australia Officer of the Military
Division of the Order of Australia Member of the Military
Division of the Order of Australia Conspicuous Service
Cross Mrs Liz Scarce 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 Other sources of biographical information include Who's Who in Australia and the Australian Dictionary of Biography
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:
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.
How to contact the Lieutenant Governor Correspondence
should be addressed to Mr Hieu Van Le care of Phone: 8226 1944 Other enquiries may be directed to: Ms
Nicole Nicolaou Biography of the Lieutenant Governor, Mr Hieu Van Le 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. Information courtesy of SA Multicultural & Ethnic Affairs Commission website |