Monarchy in Australia
Encyclopedia
The Monarchy of Australia is a form of government in which a hereditary monarch
is the sovereign
of Australia
. The monarchy is a constitutional
one modelled on the Westminster style
of parliamentary government, incorporating features unique to the Constitution of Australia
.
The present monarch is Elizabeth II, styled
Queen of Australia, who has reigned
since 6 February 1952. She is represented in Australia by the Governor-General
, in accordance with the Australian Constitution
and Letters Patent
from the Queen. In each of the states
, the monarch is represented by a governor
, appointed directly by the Queen on the advice of each of her respective state governments.
The Australian monarch, besides reigning in Australia, separately serves as monarch for each of fifteen other Commonwealth
countries known as Commonwealth realm
s. This developed from the former colonial relationship of these countries to Britain, but they are now independent of each and legally distinct.
The monarch of Australia is the same person as the monarch of the fifteen other Commonwealth realm
s within the 54-member Commonwealth of Nations
; however, each country is sovereign and independent of the others. On all matters of the Australian state, the monarch is advised by Australian federal Ministers of the Crown
and, effective with the Australia Act 1986
, no British government can advise the monarch on any matters pertinent to Australia. The British Government is thus considered a foreign power in regard to Australia's domestic and foreign affairs. Still, the High Court of Australia
found that those natural-born subjects of other Commonwealth realms who migrated to Australia could not be classified as aliens
(as referred to in the constitution) within Australia, given that they owed allegiance to the same monarch and thus are subjects of the Queen of Australia. However, in Sue v Hill
, the High Court of Australia
found that the United Kingdom
was a foreign power for the purposes of Section 44 of the Australian Constitution
, which determines eligibility for parliamentary office.
Queen of Australia and Her other Realms
and Territories, Head of the Commonwealth
. The Australian monarch has maintained the moniker of "Elizabeth the Second", even though she is the first Queen of Australia with that name. The sovereign's role specifically as Queen of Australia, as well as her status as monarch of other nations, is communicated by mentioning Australia separately from, but along with, the Queen's other lands. Typically, the sovereign is styled Queen of Australia and is addressed as such when in Australia or performing duties on behalf of Australia abroad. The sovereign is the only member of the Royal Family to have a title established through Australian law; other members are accorded a courtesy title
, which is the title they have been granted via Letters Patent
in the United Kingdom.
Prior to 1953, the title had simply been the same as that in the United Kingdom, the current form of the title being the result of occasional discussion and an eventual meeting of Commonwealth representatives in London
in December 1952, at which Canada's preferred format for the monarch's title was: Elizabeth the Second, by the Grace of God, Queen of [Realm] and of Her other realms and territories, Head of the Commonwealth, Defender of the Faith; however, Australia wished to have the United Kingdom mentioned as well. Thus, the resolution was a title that included the United Kingdom but, for the first time, also mentioned Australia, and the other Commonwealth realm
s, separately. The passage of a new Royal Style and Titles Act
by the parliament of Australia
put these recommendations into law. This act was further amended in 1973, removing specific reference to the monarch's role as Queen of the United Kingdom. Still, laws pre-dating the Royal Styles and Titles Acts have not been amended to alter references to the Queen of the United Kingdom.
governed by the provisions of the Act of Settlement 1701
and the Bill of Rights 1689
. This legislation limits the succession to the natural (i.e. non-adopted
), legitimate descendants of Sophia, Electress of Hanover
, and stipulates that the monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England
upon ascending the throne. Though these constitutional laws, as they apply to Australia, lie within the control of the British parliament
, via adopting the Statute of Westminster, the UK agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation which applies symmetrically
in all the other realms and which has been likened to a treaty
amongst these countries.
Upon a demise of the Crown
(the death or abdication of a sovereign) it is customary for the accession of the new monarch to be publicly proclaimed
by the governor-general on behalf of the Federal Executive Council
, which meets at Government House, Canberra
, after the accession. Parallel proclamations are made by the governors in each state. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony; hence arises the phrase "The King is dead. Long live the King!
" Following an appropriate period of mourning
, the monarch is also crowned
in the United Kingdom, though this ritual is not necessary for a sovereign to reign; for example, Edward VIII
was never crowned, yet was undoubtedly king during his short time on the throne. After an individual ascends the throne, he or she typically continues to reign until death. There is no provision in the law for a monarch to unilaterally abdicate; the only Australian monarch to abdicate, Edward VIII, did so with the authorisation of the Australian government, granted in His Majesty's Declaration of Abdication Act, 1936
.
, which is therefore referred to as Her Majesty the Queen in Right of Australia. For example, if a lawsuit is filed against the Commonwealth government, the respondent is formally described as Her Majesty the Queen in Right of Australia, or simply Regina
. Likewise, in a case in which a party sues both the state of Queensland
and the federal government, the respondents would formally be called Her Majesty the Queen in Right of Queensland and Her Majesty the Queen in Right of Australia.
As such, all state lands are called Crown land
, state owned buildings and equipment are called Crown held property, and the copyright
for all government publications is called Crown copyright
. In this role, the monarch is also the locus of oaths of allegiance
; many employees of the Crown are required by law to recite this oath before taking their posts, such as all members of the Commonwealth parliament, all members of the state and territorial parliaments, as well as all magistrates, judges and justices of the peace. This is in reciprocation
to the sovereign's Coronation
Oath, wherein he or she promises "to govern the Peoples of... Australia... according to their respective laws and customs". Previously, new appointees to Cabinet would also swear an oath that included allegiance to the monarch before taking their post. This oath was never written in law, however, and would only take the form of what the prime minister of the time suggested to the governor-general. In December 2007, Kevin Rudd
did not swear allegiance to the sovereign when sworn in by the Governor-General, making him the first prime minister not to do so; however, he (like all other Members of Parliament) did swear allegiance to the Queen, as required by law, when sworn-in by the Governor-General as newly-elected parliamentarians. Similarly, the Oath of Citizenship contained a statement of allegiance to the reigning monarch until 1994, when a pledge of allegiance to Australia and its values
was introduced. The High Court found, in 2002, though, that allegiance to the Queen of Australia was the "fundamental criterion of membership" in the Australian body politic, from a constitutional, rather than statutory, point of view.
Australia's constitution
is a written one, based on the Westminster model of government, with federal elements modelled on the United States Constitution and a distinct separation of powers
. It gives Australia a parliamentary system of government similar to the other Commonwealth realms, wherein the role of the Queen and the Governor-General is both legal and practical. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the Queen as the person at the centre of the constitutional construct, meaning all powers of state are constitutionally reposed in the monarch; the 1993 Republic Advisory Committee
concluded that "the Queen" in the constitution means "the Australian Government". The sovereign is represented in the federal sphere by the Governor-General
appointed by the monarch on the advice of the Prime Minister of Australia
and in the states by governors
appointed by the monarch upon the advice of the relevant state premier.
There is some debate
over whether the sovereign or the governor-general is Australia's head of state
.
, who thereafter heads the Cabinet
and advises the governor-general
on how to execute his or her executive powers over all aspects of government operations and foreign affairs. This means that the monarch's and the viceroy's roles are primarily symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate. In practice, ministers direct the use of the Royal Prerogative, which includes the privilege to declare war, maintain peace, and direct the actions of the Australian Defence Force
. The governor-general is empowered by the Constitution to summon and prorogue parliament
, and call elections
; however the powers are almost never exercised without advice from the prime minister. Still, the Royal Prerogative belongs to the Crown, and not to any of the ministers and the governor-general may unilaterally use these powers in exceptional constitutional crisis
situations, such as when, during the 1975 Australian constitutional crisis, Sir John Kerr dismissed Prime Minister Gough Whitlam
, on the occasion of a stalemate over government funding between the House of Representatives and the Senate. There are also a few duties which must be specifically performed by the Queen. These include signing the appointment papers of governors-general, the confirmation of the creation of awards of Australian honours, and the approval of any change in her Australian title.
In accordance with convention
, the governor-general, to maintain the stability of government, must appoint as prime minister the individual most likely to maintain the support of the House of Representatives
: usually the leader of the political party with a majority in that house, but also when no party or coalition holds a majority (referred to as a minority government
situation), or other scenarios in which the governor-general's judgement about the most suitable candidate for prime minister has to be brought into play. The governor-general also appoints to Cabinet the other ministers of the Crown
, who are, in turn, accountable to the Parliament, and through it, to the people. The Queen is informed by her viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry
, and she holds audience with her Australian ministers where possible.
Members of various executive agencies and other officials are appointed by the governor-general, including High Court
justices. Ministers and parliamentary secretaries are also appointed to the Federal Executive Council
. Public inquiries are also commissioned by the Crown through a Royal Warrant
, and are called Royal Commission
s. A casual vacancy in the Senate is filled by an appointee from the same political party by a state parliament or state governor.
s and ambassador
s, and receives diplomats from foreign states. In addition, the issuance of passports falls under the Royal Prerogative, and, as such, all Australian passport
s are issued in the name of the governor-general as the monarch's representative.
and the House of Representatives, being one of the three components of parliament
, is called the Queen-in-Parliament
. The authority of the Crown therein is embodied in the mace (House of Representatives) and Black Rod (Senate), which both bear a crown at their apex. The monarch and viceroy do not, however, participate in the legislative process save for the granting of Royal Assent
by the Governor-General. Further, the constitution outlines that the Governor-General alone is responsible for summoning, proroguing, and dissolving
parliament, after which the writs for a general election
are usually dropped by the Prime Minister
at Government House
. The new parliamentary session is marked by the State Opening of Parliament
, during which either the monarch or the Governor-General reads the Speech from the Throne
. As the monarch and viceroy, by convention, cannot enter the House of Representatives, this, as well as the bestowing of Royal Assent, takes place in the Senate chamber; Members of Parliament are summoned to these ceremonies from the House of Representatives by the Crown's messenger, the Usher of the Black Rod
, after he knocks on the doors of the lower house that have been slammed closed on him to symbolise the barring of the monarch from the House of Representatives.
All laws in Australia, except in the Australian Capital Territory (ACT) Legislative Assembly
, are enacted only with the viceroy's granting of Royal Assent
, done by the Governor-General or relevant Governor, with the Great Seal of Australia or the appropriate state seal, while territorial legislatures, unlike their state counterparts, are subject to the oversight of the Government of Australia. The Governor-General may reserve a bill "for the Queen's pleasure"; that is withhold his consent to the bill and present it to the sovereign for her personal decision. Under the constitution, the sovereign also has the power to disallow a bill within one year of the Governor-General having granted Royal Assent. The reference to the Queen in this section was intended as a reference to the monarch acting on the advice of his or her British Cabinet; however, with the passage of the Statute of Westminster and the Australia Acts, the power to disallow laws technically devolved to the Queen in a personal capacity. This power, however, has never been used.
offences are brought in the sovereign's name in the form of The Queen [or King] against [Name] (sometimes also referred to as the Crown against [Name]). Hence, the common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign
and under established principles of international law
, the Queen of Australia is not subject to suit in foreign courts without her express consent. The prerogative of mercy
lies with the monarch, and is exercised in the state jurisdictions by the governors, who may pardon offences against the Crown, either before, during, or after a trial.
In addition, the monarch also serves as a symbol of the legitimacy of courts of justice, and of their judicial authority; sessions of the High Court
, for example, are opened with the words "the High Court of Australia is now in session; God Save the Queen." In a practice dating back to colonial times, state courts traditionally display the arms of the sovereign in right of the United Kingdom
, except in New South Wales
, where some of these have been replaced with the state arms.
, the Queen has the power to appoint, on the advice of the relevant state Premier, a Governor
in each of the Australian states, who themselves appoint executive bodies, as well as people to fill casual Senate vacancies
, if the relevant state parliament is not in session, under the Great Seal of the State. The state Governors continue to serve as the direct representatives of the Queen, in no way subordinate to the Governor-General of the Commonwealth
, and they carry out on her behalf all of the Queen's constitutional and ceremonial duties in respect of their respective state. The Northern Territory
and the Australian Capital Territory
resemble states in many respects, but are administered directly by the Commonwealth of Australia; an Administrator
, appointed by the Governor-general upon the advice of the Commonwealth government, takes the place of a state governor in the Northern Territory. The Australian Capital Territory has no equivalent position.
, while other royals have been asked to participate in lesser occasions. In these instances, when acting at the direction of the Australian Cabinet
, they are doing so as monarch of Australia and members of the Australian Royal Family, respectively, and will carry out two types of duties:
Official duties involve the sovereign representing the state
at home or abroad, or other Royal Family members participating in a government organised ceremony either in Australia or elsewhere. The sovereign and/or his or her family have participated in events such as various centennials and bicentennials; Australia Day
; the openings of Olympic
and other games; award ceremonies; D-Day
commemorations; anniversaries of the monarch's accession; and the like. Other royals have participated in Australian ceremonies or undertaken duties abroad, such as Prince Charles
at the Anzac Day
ceremonies at Gallipoli
, or when the Queen, Prince Charles, and Princess Anne
participated in Australian ceremonies for the anniversary of D-Day
in France in 2004. On 22 February 2009, Princess Anne
represented the Queen of Australia at the National Bushfires Memorial Service in Melbourne
. The Queen also showed her support for the people of Australia by making a personal statement about the bushfires and by also making private donation to the Australian Red Cross Appeal. The Duke of Edinburgh was the first to sign a book of condolences at the Australian High Commission in London.
Unofficial duties are performed by Royal Family members on behalf of Australian organizations of which they may be patrons
, through their attendance at charity events, visiting with members of the Australian Defence Force
as Colonel-in-Chief
, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization.
Apart from Australia, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is sovereign. As the Crown within these countries is a legally separate entity from the Australian Crown, it is funded in these countries individually, through the ordinary legislative budgeting process.
The monarchy is presently symbolised through images of the sovereign on currency and in portraits in public buildings; on Australian decorations and honours, some postage stamps and on coats of arms and other government symbols. The crown is used as a heraldic symbol in the coats of arms of the Commonwealth and the states of New South Wales, Victoria, Queensland and Western Australia. Crowns are also visible on police and military badges. The Queen's Birthday is observed as a public holiday in all states.
"God Save the Queen
" is Australia's royal anthem. The Vice-Regal Salute, played only for the governor-general and each state sovernor, is the first four and last four bars of "Advance Australia Fair
".
There are also hundreds of places named after Australian and British monarchs and members of the Royal Family. The states of Queensland
and Victoria
were named after Queen Victoria; Adelaide
, the capital of South Australia
is named after Queen Adelaide
, the consort
of William IV
; numerous streets, squares, parks and buildings are also named in honour of past or present members of the Royal Family.
, or any state governor
have any religious role in Australia. There never has been an established church in Australia, either before or since Federation
in 1901. Pursuant to the Australian Constitution
the Commonwealth may not enact a law establishing or prohibiting the free exercise of religion. This is one of the key differences from the Queen's role in England where she is the Supreme Governor of the Church of England
.
, commonly known as "Yarralumla", in the city of Canberra
. The Australian monarch stays there when visiting the country as do some other visiting heads of state. Government House is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Another vice-regal residence is Admiralty House
, in Sydney
, and is used principally as a retreat for the Governor-General. The states of New South Wales
, Victoria
, Western Australia
, Queensland
, Tasmania
, and South Australia
also maintain residences, used by the respective Governors, though the monarch or other members of the Royal Family will stay there when in the state. These residences are the property of the Australian people administered by their federal and state governments.
, which consists of the Royal Australian Navy
, Australian Army
, and Royal Australian Air Force
.
Section 68 of the Australian Constitution
says: "The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative." In practice, however, the Governor-General does not play any part in the ADF's command structure and the ADF is under the control of the Minister for Defence
and several subordinate ministers. The Minister advises the Governor-General who acts as advised in the normal form of executive government.
Australian naval vessels
bear the prefix Her Majesty's Australian Ship
(HMAS). The Royal Australian Regiment
(RAR) which makes up most of the Infantry Corps and many other regiments carry the 'Royal' prefix.
Members of the Royal Family have presided over military ceremonies, including Trooping of the Colours, inspections of the troops, and anniversaries of key battles. Whenever the Queen is in Canberra she lays a wreath at the Australian War Memorial
. In 2003, Elizabeth II acted in her capacity as Australian monarch when she dedicated the Australian War Memorial in Hyde Park
, London
.
Some members of the Royal Family are Colonels-in-Chief
of Australian regiments, including: the Royal Regiment of Australian Artillery
; Royal Australian Army Medical Corps; the Royal Australian Armoured Corps and the Royal Australian Corps of Signals
, amongst many others. The Queen's husband, the Duke of Edinburgh
, is an Admiral of the Fleet
in right of the Royal Australian Navy, Marshal of the Royal Australian Air Force, and Field Marshal
of the Australian Army.
On 22 October 2011 at the Royal Military College, Duntroon in Canberra, the Queen of Australia presented new Sovereign's Colours to the Australian Defence Force.
, in the name of, and under instruction from, King George III
, claimed the east coast of Australia. Colonies were soon after founded across the continent, all of them ruled by the monarch of the United Kingdom
, upon the advice of his or her British ministers, the Secretary of State for the Colonies
, in particular. After Queen Victoria's granting of Royal Assent
to the Commonwealth of Australia Constitution Act
on 9 July 1900, which brought about Federation
in 1901, whereupon the six colonies became the states of Australia
, the relationship between the state governments and the Crown remained as it was pre-1901: References in the constitution to "the Queen" meant the government of the United Kingdom (in the formation of which Australians had no say) and the Colonial Laws Validity Act 1865
by which colonial laws deemed repugnant to imperial (British) law in force in the colony were rendered void and inoperative remained in force at in both the federal and state spheres; and all the governors, both of the Commonwealth and the states, remained appointees of the British monarch on the advice of the British Cabinet, a situation that continued even after Australia was recognised as a Dominion
of the British Empire
in 1907. As Queen-Empress, Victoria "symbolised the British Empire of which all Australians were subjects".
In response to calls from some Dominions for a re-evaluation in their status under the Crown after their sacrifice and performance in the First World War
, a series of Imperial Conferences was held in London, from 1917 on, which resulted in the Balfour Declaration of 1926, which provided that the United Kingdom and the Dominions were to be considered as "autonomous communities within the British Empire, equal in status, in no way subordinate to one another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown." The Royal and Parliamentary Titles Act, 1927, an Act of the Westminster Parliament, was the first indication of a shift in the law, before the Imperial Conference of 1930 established that the Australian Cabinet could advise the sovereign directly on the choice of Governor-General, which ensured the independence of the office. The Crown was further separated amongst its dominions by the Statute of Westminster 1931
, and, though it was not adopted by Australia until 1942 (retroactive to 3 September 1939), the law's validity in the United Kingdom required its government to seek Australia's consent in allowing the abdication
of Edward VIII as King of Australia and all the other Dominions in 1936.
The Curtin Labor Government
appointed Prince Henry, Duke of Gloucester
, as Governor-General during the Second World War. Curtin hoped the appointment might influence the British to despatch men and equipment to the Pacific War
, and the selection of the brother of King George VI reaffirmed the important role of the Crown to the Australian nation at that time. Queen Elizabeth II became the first reigning monarch to visit Australia in 1954, greeted by huge crowds across the nation. Her son Prince Charles attended school in Australia in 1967.Her grandson Prince Harry undertook a portion of his gap-year living and working in Australia in 2003.
The sovereign did not possess a title unique to Australia until the Australian parliament enacted the Royal Styles and Titles Act in 1953, after the accession of Elizabeth II to the throne, and giving her the title of Queen of the United Kingdom, Australia and Her other Realms and Territories. Still, Elizabeth remained a queen who reigned in Australia both as Queen of Australia (in the federal jurisdiction) and Queen of the United Kingdom (in each of the states), as a result of the states not wishing to have the Statute of Westminster apply to them, believing that the status quo
better protected their sovereign interests against an expansionist federal government, which left the Colonial Laws Validity Act in effect. Thus, the British monarch could still at least in theory, if not with some difficulty in practice legislate for the Australian states, and the viceroy
s in the states were appointed by and represented the sovereign of the United Kingdom, not that of Australia; as late as 1976, the British ministry advised the Queen to reject the nominee of the Queensland
Cabinet for Governor
. It was with the passage of the Australia Act
in 1986, which repealed the Colonial Laws Validity Act, that the final vestiges of the British monarchy in Australia were removed, leaving a distinct Australian monarchy for the nation.
It was around the same time that a discussion on the matter of Australia becoming a republic
began to emerge, culminating, a decade later, in the 1999 Australian republic referendum, which was defeated by 54.4% of the populace. The referendum followed the recommendation of a 1998 Constitutional Convention
called to discuss the issue of Australia becoming a republic. Still, nearly another ten years later, Kevin Rudd
was appointed as Prime Minister
, whereafter he affirmed that a republic was still a part of his party's platform, and stated his belief that the debate on constitutional change should continue.
The current Prime Minister, Julia Gillard
has re-affirmed her party's platform about a possible future republic. She stated that she would like to see Australia become a republic, with an appropriate time being when there is a change in monarch. A change of opinion was recorded on 21 October 2011 at a reception in the presence of the Queen at Parliament House in Canberra when the Prime Minister stated that the monarch is "a vital constitutional part of Australian democracy and would only ever be welcomed as a beloved and respected friend." The Opposition Leader, Tony Abbott
, a former head of Australians for Constitutional Monarchy
stated on 21 October 2011, "Your Majesty, while 11 prime ministers and no less than 17 opposition leaders have come and gone, for 60 years you have been a presence in our national story and given the vagaries of public life, I'm confident that this will not be the final tally of the politicians that you have outlasted."
A Morgan poll taken in October 2011 found that support for constitutional change is at its lowest for 20 years. Of those surveyed 34% were pro-republic as opposed to 55% pro-monarchist, preferring to maintain the current constitutional arrangements.
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
is the sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The monarchy is a constitutional
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
one modelled on the Westminster style
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
of parliamentary government, incorporating features unique to the Constitution of Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
.
The present monarch is Elizabeth II, styled
Style (manner of address)
A style of office, or honorific, is a legal, official, or recognized title. A style, by tradition or law, precedes a reference to a person who holds a post or political office, and is sometimes used to refer to the office itself. An honorific can also be awarded to an individual in a personal...
Queen of Australia, who has reigned
Queen regnant
A queen regnant is a female monarch who reigns in her own right, in contrast to a queen consort, who is the wife of a reigning king. An empress regnant is a female monarch who reigns in her own right over an empire....
since 6 February 1952. She is represented in Australia by the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, in accordance with the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
and Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
from the Queen. In each of the states
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
, the monarch is represented by a governor
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
, appointed directly by the Queen on the advice of each of her respective state governments.
The Australian monarch, besides reigning in Australia, separately serves as monarch for each of fifteen other Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries known as Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s. This developed from the former colonial relationship of these countries to Britain, but they are now independent of each and legally distinct.
International and domestic aspects
- Further information: Commonwealth realm: The Crown in the Commonwealth realms
The monarch of Australia is the same person as the monarch of the fifteen other Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s within the 54-member Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
; however, each country is sovereign and independent of the others. On all matters of the Australian state, the monarch is advised by Australian federal Ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
and, effective with the Australia Act 1986
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
, no British government can advise the monarch on any matters pertinent to Australia. The British Government is thus considered a foreign power in regard to Australia's domestic and foreign affairs. Still, the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
found that those natural-born subjects of other Commonwealth realms who migrated to Australia could not be classified as aliens
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
(as referred to in the constitution) within Australia, given that they owed allegiance to the same monarch and thus are subjects of the Queen of Australia. However, in Sue v Hill
Sue v Hill
Sue v Hill was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election...
, the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
found that the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
was a foreign power for the purposes of Section 44 of the Australian Constitution
Section 44 of the Australian Constitution
Section 44 of the Australian Constitution is a section of the Constitution of Australia that deals with restrictions on who may become a candidate for election to the Parliament of Australia...
, which determines eligibility for parliamentary office.
Title
The shared and domestic aspects of the Crown are also highlighted in the sovereign's Australian title, currently Elizabeth the Second, by the Grace of GodDivine grace
In Christian theology, grace is God’s gift of God’s self to humankind. It is understood by Christians to be a spontaneous gift from God to man - "generous, free and totally unexpected and undeserved" - that takes the form of divine favour, love and clemency. It is an attribute of God that is most...
Queen of Australia and Her other Realms
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
and Territories, Head of the Commonwealth
Head of the Commonwealth
The Head of the Commonwealth heads the Commonwealth of Nations, an intergovernmental organisation which currently comprises 54 sovereign states. The position is currently occupied by the individual who serves as monarch of each of the Commonwealth realms, but has no day-to-day involvement in the...
. The Australian monarch has maintained the moniker of "Elizabeth the Second", even though she is the first Queen of Australia with that name. The sovereign's role specifically as Queen of Australia, as well as her status as monarch of other nations, is communicated by mentioning Australia separately from, but along with, the Queen's other lands. Typically, the sovereign is styled Queen of Australia and is addressed as such when in Australia or performing duties on behalf of Australia abroad. The sovereign is the only member of the Royal Family to have a title established through Australian law; other members are accorded a courtesy title
Courtesy title
A courtesy title is a form of address in systems of nobility used for children, former wives and other close relatives of a peer. These styles are used 'by courtesy' in the sense that the relatives do not themselves hold substantive titles...
, which is the title they have been granted via Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
in the United Kingdom.
Prior to 1953, the title had simply been the same as that in the United Kingdom, the current form of the title being the result of occasional discussion and an eventual meeting of Commonwealth representatives in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in December 1952, at which Canada's preferred format for the monarch's title was: Elizabeth the Second, by the Grace of God, Queen of [Realm] and of Her other realms and territories, Head of the Commonwealth, Defender of the Faith; however, Australia wished to have the United Kingdom mentioned as well. Thus, the resolution was a title that included the United Kingdom but, for the first time, also mentioned Australia, and the other Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, separately. The passage of a new Royal Style and Titles Act
Royal Style and Titles Act
In the Commonwealth realms, a Royal Style and Titles Act is passed in order to declare the Sovereign's formal title.The most significant of these Acts is the Royal and Parliamentary Titles Act 1927, which was passed in the United Kingdom in recognition of the creation of the Irish Free State, a...
by the parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
put these recommendations into law. This act was further amended in 1973, removing specific reference to the monarch's role as Queen of the United Kingdom. Still, laws pre-dating the Royal Styles and Titles Acts have not been amended to alter references to the Queen of the United Kingdom.
Finance
Australians do not pay any money to the Queen, either for personal income or to support the royal residences outside of Australia. Only when the Queen is in Australia, or acting abroad as Queen of Australia, does the Australian government support her in the performance of her duties. This rule applies equally to other members of the Royal Family. Usually the Queen's Australian governments pay only for the costs associated with the governor-general and governors in their exercising of the powers of the Crown on behalf of the Queen, including travel, security, residences, offices and ceremonial occasions, etc.Succession
Succession is by male-preference primogeniturePrimogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
governed by the provisions of the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
and the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
. This legislation limits the succession to the natural (i.e. non-adopted
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
), legitimate descendants of Sophia, Electress of Hanover
Sophia of Hanover
Sophia of the Palatinate was an heiress to the crowns of England and Ireland and later the crown of Great Britain. She was declared heiress presumptive by the Act of Settlement 1701...
, and stipulates that the monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
upon ascending the throne. Though these constitutional laws, as they apply to Australia, lie within the control of the British parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, via adopting the Statute of Westminster, the UK agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation which applies symmetrically
Symmetry
Symmetry generally conveys two primary meanings. The first is an imprecise sense of harmonious or aesthetically pleasing proportionality and balance; such that it reflects beauty or perfection...
in all the other realms and which has been likened to a treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
amongst these countries.
Demise of the Crown
In relation to the shared monarchy of the Commonwealth realms and other monarchies, the demise of the Crown is the legal term for the end of a reign by a king, queen, or emperor, whether by death or abdication....
(the death or abdication of a sovereign) it is customary for the accession of the new monarch to be publicly proclaimed
Proclamation
A proclamation is an official declaration.-England and Wales:In English law, a proclamation is a formal announcement , made under the great seal, of some matter which the King in Council or Queen in Council desires to make known to his or her subjects: e.g., the declaration of war, or state of...
by the governor-general on behalf of the Federal Executive Council
Federal Executive Council
The Federal Executive Council is the formal body holding executive authority under the Constitution of Australia. It is equivalent to the other Executive Councils in other Commonwealth Realms such as the Executive Council of New Zealand and is equivalent to the Privy councils in Canada and the...
, which meets at Government House, Canberra
Government House, Canberra
Government House, Canberra, commonly known as Yarralumla, is the official residence of the Governor-General of Australia. It is located in the suburb of Yarralumla, in the City of Canberra, in the Australian Capital Territory....
, after the accession. Parallel proclamations are made by the governors in each state. Regardless of any proclamations, the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony; hence arises the phrase "The King is dead. Long live the King!
The King is dead. Long live the King!
The King is dead. Long live the King. is a traditional proclamation made following the accession of a new monarch in various countries, such as the United Kingdom....
" Following an appropriate period of mourning
Mourning
Mourning is, in the simplest sense, synonymous with grief over the death of someone. The word is also used to describe a cultural complex of behaviours in which the bereaved participate or are expected to participate...
, the monarch is also crowned
Coronation of the British monarch
The coronation of the British monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...
in the United Kingdom, though this ritual is not necessary for a sovereign to reign; for example, Edward VIII
Edward VIII of the United Kingdom
Edward VIII was King of the United Kingdom and the Dominions of the British Commonwealth, and Emperor of India, from 20 January to 11 December 1936.Before his accession to the throne, Edward was Prince of Wales and Duke of Cornwall and Rothesay...
was never crowned, yet was undoubtedly king during his short time on the throne. After an individual ascends the throne, he or she typically continues to reign until death. There is no provision in the law for a monarch to unilaterally abdicate; the only Australian monarch to abdicate, Edward VIII, did so with the authorisation of the Australian government, granted in His Majesty's Declaration of Abdication Act, 1936
His Majesty's Declaration of Abdication Act 1936
His Majesty's Declaration of Abdication Act 1936 was the Act of the British Parliament that allowed King Edward VIII to abdicate the throne, and passed succession to his brother Prince Albert, Duke of York . The Act also excluded any possible future descendants of Edward from the line of succession...
.
Personification of the state
Today the sovereign is regarded as the legal personality of the Australian stateSovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
, which is therefore referred to as Her Majesty the Queen in Right of Australia. For example, if a lawsuit is filed against the Commonwealth government, the respondent is formally described as Her Majesty the Queen in Right of Australia, or simply Regina
Queen regnant
A queen regnant is a female monarch who reigns in her own right, in contrast to a queen consort, who is the wife of a reigning king. An empress regnant is a female monarch who reigns in her own right over an empire....
. Likewise, in a case in which a party sues both the state of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
and the federal government, the respondents would formally be called Her Majesty the Queen in Right of Queensland and Her Majesty the Queen in Right of Australia.
As such, all state lands are called Crown land
Crown land
In Commonwealth realms, Crown land is an area belonging to the monarch , the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it....
, state owned buildings and equipment are called Crown held property, and the copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
for all government publications is called Crown copyright
Crown copyright
Crown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. It provides special copyright rules for the Crown .- Australia :...
. In this role, the monarch is also the locus of oaths of allegiance
Oath of Allegiance (Australia)
In Australia the Oath of Allegiance and the Affirmation of Allegiance are oaths of allegiance made to the monarch of Australia. Both are defined by the Constitution of Australia....
; many employees of the Crown are required by law to recite this oath before taking their posts, such as all members of the Commonwealth parliament, all members of the state and territorial parliaments, as well as all magistrates, judges and justices of the peace. This is in reciprocation
Reciprocal
-In mathematics:*Multiplicative inverse, in mathematics, the number 1/x, which multiplied by x gives the product 1, also known as a reciprocal*Reciprocal rule, a technique in calculus for calculating derivatives of reciprocal functions...
to the sovereign's Coronation
Coronation
A coronation is a ceremony marking the formal investiture of a monarch and/or their consort with regal power, usually involving the placement of a crown upon their head and the presentation of other items of regalia...
Oath, wherein he or she promises "to govern the Peoples of... Australia... according to their respective laws and customs". Previously, new appointees to Cabinet would also swear an oath that included allegiance to the monarch before taking their post. This oath was never written in law, however, and would only take the form of what the prime minister of the time suggested to the governor-general. In December 2007, Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
did not swear allegiance to the sovereign when sworn in by the Governor-General, making him the first prime minister not to do so; however, he (like all other Members of Parliament) did swear allegiance to the Queen, as required by law, when sworn-in by the Governor-General as newly-elected parliamentarians. Similarly, the Oath of Citizenship contained a statement of allegiance to the reigning monarch until 1994, when a pledge of allegiance to Australia and its values
Value (personal and cultural)
A personal or cultural value is an absolute or relative ethical value, the assumption of which can be the basis for ethical action. A value system is a set of consistent values and measures. A principle value is a foundation upon which other values and measures of integrity are based...
was introduced. The High Court found, in 2002, though, that allegiance to the Queen of Australia was the "fundamental criterion of membership" in the Australian body politic, from a constitutional, rather than statutory, point of view.
Constitutional role
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
is a written one, based on the Westminster model of government, with federal elements modelled on the United States Constitution and a distinct separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. It gives Australia a parliamentary system of government similar to the other Commonwealth realms, wherein the role of the Queen and the Governor-General is both legal and practical. The Crown is regarded as a corporation, in which several parts share the authority of the whole, with the Queen as the person at the centre of the constitutional construct, meaning all powers of state are constitutionally reposed in the monarch; the 1993 Republic Advisory Committee
Republic Advisory Committee
The Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in May 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic...
concluded that "the Queen" in the constitution means "the Australian Government". The sovereign is represented in the federal sphere by the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
appointed by the monarch on the advice of the Prime Minister of Australia
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
and in the states by governors
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
appointed by the monarch upon the advice of the relevant state premier.
There is some debate
Australian head of state dispute
The dispute over who is Australia's head of state centres around the question of whether the Australian monarch or the Governor-General of Australia is the country's head of state; the term head of state does not appear in either Australian or international law...
over whether the sovereign or the governor-general is Australia's head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
.
Executive
In Australia's constitutional system, one of the main duties of the Governor-General is to appoint a prime ministerPrime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
, who thereafter heads the Cabinet
Cabinet of Australia
The Cabinet of Australia is the council of senior ministers of the Crown, responsible to parliament. The Cabinet is appointed by the Governor-General, on the advice of the Prime Minister the Head of Her Majesty's Australian Government, and serves at the former's pleasure. The strictly private...
and advises the governor-general
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
on how to execute his or her executive powers over all aspects of government operations and foreign affairs. This means that the monarch's and the viceroy's roles are primarily symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate. In practice, ministers direct the use of the Royal Prerogative, which includes the privilege to declare war, maintain peace, and direct the actions of the Australian Defence Force
Australian Defence Force
The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy , Australian Army, Royal Australian Air Force and a number of 'tri-service' units...
. The governor-general is empowered by the Constitution to summon and prorogue parliament
Parliamentary session
A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two elections...
, and call elections
Dropping the writ
Dropping the writ is the informal term for a procedure in some parliamentary government systems, where the head of government goes to the head of state and formally advises him or her to dissolve parliament...
; however the powers are almost never exercised without advice from the prime minister. Still, the Royal Prerogative belongs to the Crown, and not to any of the ministers and the governor-general may unilaterally use these powers in exceptional constitutional crisis
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
situations, such as when, during the 1975 Australian constitutional crisis, Sir John Kerr dismissed Prime Minister Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
, on the occasion of a stalemate over government funding between the House of Representatives and the Senate. There are also a few duties which must be specifically performed by the Queen. These include signing the appointment papers of governors-general, the confirmation of the creation of awards of Australian honours, and the approval of any change in her Australian title.
In accordance with convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
, the governor-general, to maintain the stability of government, must appoint as prime minister the individual most likely to maintain the support of the House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
: usually the leader of the political party with a majority in that house, but also when no party or coalition holds a majority (referred to as a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
situation), or other scenarios in which the governor-general's judgement about the most suitable candidate for prime minister has to be brought into play. The governor-general also appoints to Cabinet the other ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
, who are, in turn, accountable to the Parliament, and through it, to the people. The Queen is informed by her viceroy of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and other members of the ministry
Cabinet of Australia
The Cabinet of Australia is the council of senior ministers of the Crown, responsible to parliament. The Cabinet is appointed by the Governor-General, on the advice of the Prime Minister the Head of Her Majesty's Australian Government, and serves at the former's pleasure. The strictly private...
, and she holds audience with her Australian ministers where possible.
Members of various executive agencies and other officials are appointed by the governor-general, including High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
justices. Ministers and parliamentary secretaries are also appointed to the Federal Executive Council
Federal Executive Council
The Federal Executive Council is the formal body holding executive authority under the Constitution of Australia. It is equivalent to the other Executive Councils in other Commonwealth Realms such as the Executive Council of New Zealand and is equivalent to the Privy councils in Canada and the...
. Public inquiries are also commissioned by the Crown through a Royal Warrant
Royal Warrant
Royal warrants of appointment have been issued for centuries to those who supply goods or services to a royal court or certain royal personages. The warrant enables the supplier to advertise the fact that they supply to the royal family, so lending prestige to the supplier...
, and are called Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
s. A casual vacancy in the Senate is filled by an appointee from the same political party by a state parliament or state governor.
Foreign affairs
The Royal Prerogative also extends to foreign affairs: the Governor-General-in-Council negotiates and ratifies treaties, alliances, and international agreements. As with other uses of the Royal Prerogative, no parliamentary approval is required; however, a treaty cannot alter the domestic laws of Australia; an Act of Parliament is necessary in such cases. The governor-general, on behalf of the Queen, also accredits Australian High CommissionerHigh Commissioner
High Commissioner is the title of various high-ranking, special executive positions held by a commission of appointment.The English term is also used to render various equivalent titles in other languages.-Bilateral diplomacy:...
s and ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
s, and receives diplomats from foreign states. In addition, the issuance of passports falls under the Royal Prerogative, and, as such, all Australian passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
s are issued in the name of the governor-general as the monarch's representative.
Parliament
The sovereign, along with the SenateAustralian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
and the House of Representatives, being one of the three components of parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
, is called the Queen-in-Parliament
Queen-in-Parliament
The Queen-in-Parliament , sometimes referred to as the Crown-in-Parliament or, more fully, as the King in Parliament under God, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its legislative role, acting with the advice and consent of the lower...
. The authority of the Crown therein is embodied in the mace (House of Representatives) and Black Rod (Senate), which both bear a crown at their apex. The monarch and viceroy do not, however, participate in the legislative process save for the granting of Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
by the Governor-General. Further, the constitution outlines that the Governor-General alone is responsible for summoning, proroguing, and dissolving
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
parliament, after which the writs for a general election
Writ of election
A writ of election is a writ issued by the government ordering the holding of a special election for a political office.In the United Kingdom and in Canada, this is the only way of holding an election for the House of Commons...
are usually dropped by the Prime Minister
Dropping the writ
Dropping the writ is the informal term for a procedure in some parliamentary government systems, where the head of government goes to the head of state and formally advises him or her to dissolve parliament...
at Government House
Government House, Canberra
Government House, Canberra, commonly known as Yarralumla, is the official residence of the Governor-General of Australia. It is located in the suburb of Yarralumla, in the City of Canberra, in the Australian Capital Territory....
. The new parliamentary session is marked by the State Opening of Parliament
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
, during which either the monarch or the Governor-General reads the Speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
. As the monarch and viceroy, by convention, cannot enter the House of Representatives, this, as well as the bestowing of Royal Assent, takes place in the Senate chamber; Members of Parliament are summoned to these ceremonies from the House of Representatives by the Crown's messenger, the Usher of the Black Rod
Black Rod
The Gentleman Usher of the Black Rod, generally shortened to just Black Rod, is an official in the parliaments of several Commonwealth countries. The position originates in the House of Lords of the Parliament of the United Kingdom...
, after he knocks on the doors of the lower house that have been slammed closed on him to symbolise the barring of the monarch from the House of Representatives.
All laws in Australia, except in the Australian Capital Territory (ACT) Legislative Assembly
Australian Capital Territory Legislative Assembly
The Australian Capital Territory Legislative Assembly is the unicameral legislature of the Australian Capital Territory...
, are enacted only with the viceroy's granting of Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, done by the Governor-General or relevant Governor, with the Great Seal of Australia or the appropriate state seal, while territorial legislatures, unlike their state counterparts, are subject to the oversight of the Government of Australia. The Governor-General may reserve a bill "for the Queen's pleasure"; that is withhold his consent to the bill and present it to the sovereign for her personal decision. Under the constitution, the sovereign also has the power to disallow a bill within one year of the Governor-General having granted Royal Assent. The reference to the Queen in this section was intended as a reference to the monarch acting on the advice of his or her British Cabinet; however, with the passage of the Statute of Westminster and the Australia Acts, the power to disallow laws technically devolved to the Queen in a personal capacity. This power, however, has never been used.
Courts
In the United Kingdom, the sovereign was deemed the fount of justice. However, he or she does not personally rule in judicial cases, meaning that judicial functions are normally performed only in the monarch's name. Criminal offences are legally deemed to be offences against the sovereign and proceedings for indictableIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
offences are brought in the sovereign's name in the form of The Queen [or King] against [Name] (sometimes also referred to as the Crown against [Name]). Hence, the common law holds that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his or her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the government) are permitted; however, lawsuits against the monarch personally are not cognizable. In international cases, as a sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
and under established principles of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, the Queen of Australia is not subject to suit in foreign courts without her express consent. The prerogative of mercy
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
lies with the monarch, and is exercised in the state jurisdictions by the governors, who may pardon offences against the Crown, either before, during, or after a trial.
In addition, the monarch also serves as a symbol of the legitimacy of courts of justice, and of their judicial authority; sessions of the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, for example, are opened with the words "the High Court of Australia is now in session; God Save the Queen." In a practice dating back to colonial times, state courts traditionally display the arms of the sovereign in right of the United Kingdom
Royal coat of arms of the United Kingdom
The Royal coat of arms of the United Kingdom is the official coat of arms of the British monarch, currently Queen Elizabeth II. These arms are used by the Queen in her official capacity as monarch of the United Kingdom, and are officially known as her Arms of Dominion...
, except in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, where some of these have been replaced with the state arms.
States and territories
In accordance with the Australia Act 1986Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
, the Queen has the power to appoint, on the advice of the relevant state Premier, a Governor
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
in each of the Australian states, who themselves appoint executive bodies, as well as people to fill casual Senate vacancies
Casual vacancy
In the Parliament of Australia, a casual vacancy is caused when a member of either house :* dies* resigns mid-term * is expelled from Parliament and their seat is declared vacant, or...
, if the relevant state parliament is not in session, under the Great Seal of the State. The state Governors continue to serve as the direct representatives of the Queen, in no way subordinate to the Governor-General of the Commonwealth
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, and they carry out on her behalf all of the Queen's constitutional and ceremonial duties in respect of their respective state. The Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
and the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
resemble states in many respects, but are administered directly by the Commonwealth of Australia; an Administrator
Administrator (Australia)
The title Administrator of the Government has several uses in Australia.-Administrator of the Commonwealth:At the Commonwealth level, Section 4 of the Australian Constitution provides that:...
, appointed by the Governor-general upon the advice of the Commonwealth government, takes the place of a state governor in the Northern Territory. The Australian Capital Territory has no equivalent position.
Royal presence and duties
Members of the Royal Family have been present in Australia since the late 1800s, on military manoeuvres, for official tours, or as the vice-regal representative of the monarch. Queen Elizabeth II was the first reigning monarch of Australia to set foot on Australian soil on 3 February 1954. The Queen has visited the country sixteen times, usually on important milestones, anniversaries, or celebrations of Australian cultureCulture of Australia
The culture of Australia is essentially a Western culture influenced by the unique geography of the Australian continent and by the diverse input of Aboriginal and Torres Strait Islander peoples, and various waves of multi-ethnic migration which followed the British colonisation of Australia...
, while other royals have been asked to participate in lesser occasions. In these instances, when acting at the direction of the Australian Cabinet
Cabinet of Australia
The Cabinet of Australia is the council of senior ministers of the Crown, responsible to parliament. The Cabinet is appointed by the Governor-General, on the advice of the Prime Minister the Head of Her Majesty's Australian Government, and serves at the former's pleasure. The strictly private...
, they are doing so as monarch of Australia and members of the Australian Royal Family, respectively, and will carry out two types of duties:
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
at home or abroad, or other Royal Family members participating in a government organised ceremony either in Australia or elsewhere. The sovereign and/or his or her family have participated in events such as various centennials and bicentennials; Australia Day
Australia Day
Australia Day is the official national day of Australia...
; the openings of Olympic
Olympic Games
The Olympic Games is a major international event featuring summer and winter sports, in which thousands of athletes participate in a variety of competitions. The Olympic Games have come to be regarded as the world’s foremost sports competition where more than 200 nations participate...
and other games; award ceremonies; D-Day
D-Day
D-Day is a term often used in military parlance to denote the day on which a combat attack or operation is to be initiated. "D-Day" often represents a variable, designating the day upon which some significant event will occur or has occurred; see Military designation of days and hours for similar...
commemorations; anniversaries of the monarch's accession; and the like. Other royals have participated in Australian ceremonies or undertaken duties abroad, such as Prince Charles
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
at the Anzac Day
ANZAC Day
Anzac Day is a national day of remembrance in Australia and New Zealand, commemorated by both countries on 25 April every year to honour the members of the Australian and New Zealand Army Corps who fought at Gallipoli in the Ottoman Empire during World War I. It now more broadly commemorates all...
ceremonies at Gallipoli
Gallipoli
The Gallipoli peninsula is located in Turkish Thrace , the European part of Turkey, with the Aegean Sea to the west and the Dardanelles straits to the east. Gallipoli derives its name from the Greek "Καλλίπολις" , meaning "Beautiful City"...
, or when the Queen, Prince Charles, and Princess Anne
Anne, Princess Royal
Princess Anne, Princess Royal , is the only daughter of Elizabeth II and Prince Philip, Duke of Edinburgh...
participated in Australian ceremonies for the anniversary of D-Day
D-Day
D-Day is a term often used in military parlance to denote the day on which a combat attack or operation is to be initiated. "D-Day" often represents a variable, designating the day upon which some significant event will occur or has occurred; see Military designation of days and hours for similar...
in France in 2004. On 22 February 2009, Princess Anne
Anne, Princess Royal
Princess Anne, Princess Royal , is the only daughter of Elizabeth II and Prince Philip, Duke of Edinburgh...
represented the Queen of Australia at the National Bushfires Memorial Service in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
. The Queen also showed her support for the people of Australia by making a personal statement about the bushfires and by also making private donation to the Australian Red Cross Appeal. The Duke of Edinburgh was the first to sign a book of condolences at the Australian High Commission in London.
Unofficial duties are performed by Royal Family members on behalf of Australian organizations of which they may be patrons
Patronage
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
, through their attendance at charity events, visiting with members of the Australian Defence Force
Australian Defence Force
The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy , Australian Army, Royal Australian Air Force and a number of 'tri-service' units...
as Colonel-in-Chief
Colonel-in-Chief
In the various Commonwealth armies, the Colonel-in-Chief of a regiment is its patron. This position is distinct from that of Colonel of the Regiment. They do not have an operational role. They are however kept informed of all important activities of the regiment, and pay occasional visits to its...
, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization.
Apart from Australia, the Queen and other members of the Royal Family regularly perform public duties in the other fifteen nations of the Commonwealth in which the Queen is sovereign. As the Crown within these countries is a legally separate entity from the Australian Crown, it is funded in these countries individually, through the ordinary legislative budgeting process.
Symbols
"God Save the Queen
God Save the Queen
"God Save the Queen" is an anthem used in a number of Commonwealth realms and British Crown Dependencies. The words of the song, like its title, are adapted to the gender of the current monarch, with "King" replacing "Queen", "he" replacing "she", and so forth, when a king reigns...
" is Australia's royal anthem. The Vice-Regal Salute, played only for the governor-general and each state sovernor, is the first four and last four bars of "Advance Australia Fair
Advance Australia Fair
"Advance Australia Fair" is the official national anthem of Australia. Created by the Scottish-born composer, Peter Dodds McCormick, the song was first performed in 1878, but did not gain its status as the official anthem until 1984. Until then, the song was sung in Australia as a patriotic song...
".
There are also hundreds of places named after Australian and British monarchs and members of the Royal Family. The states of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
and Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
were named after Queen Victoria; Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
, the capital of South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
is named after Queen Adelaide
Adelaide of Saxe-Meiningen
Princess Adelaide of Saxe-Meiningen was the queen consort of the United Kingdom and of Hanover as spouse of William IV of the United Kingdom. Adelaide, the capital city of South Australia, is named after her.-Early life:Adelaide was born on 13 August 1792 at Meiningen, Thuringia, Germany...
, the consort
Queen consort
A queen consort is the wife of a reigning king. A queen consort usually shares her husband's rank and holds the feminine equivalent of the king's monarchical titles. Historically, queens consort do not share the king regnant's political and military powers. Most queens in history were queens consort...
of William IV
William IV of the United Kingdom
William IV was King of the United Kingdom of Great Britain and Ireland and of Hanover from 26 June 1830 until his death...
; numerous streets, squares, parks and buildings are also named in honour of past or present members of the Royal Family.
Religious role
Neither the Queen, the governor-generalGovernor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, or any state governor
Governors of the Australian states
The Governors of the Australian states are the representatives of the Queen of Australia in each of that country's six states. The Governors perform the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
have any religious role in Australia. There never has been an established church in Australia, either before or since Federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
in 1901. Pursuant to the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
the Commonwealth may not enact a law establishing or prohibiting the free exercise of religion. This is one of the key differences from the Queen's role in England where she is the Supreme Governor of the Church of England
Supreme Governor of the Church of England
The Supreme Governor of the Church of England is a title held by the British monarchs which signifies their titular leadership over the Church of England. Although the monarch's authority over the Church of England is not strong, the position is still very relevant to the church and is mostly...
.
Vice-regal residences
The Governor-General's official residence is Government HouseGovernment House, Canberra
Government House, Canberra, commonly known as Yarralumla, is the official residence of the Governor-General of Australia. It is located in the suburb of Yarralumla, in the City of Canberra, in the Australian Capital Territory....
, commonly known as "Yarralumla", in the city of Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
. The Australian monarch stays there when visiting the country as do some other visiting heads of state. Government House is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Another vice-regal residence is Admiralty House
Admiralty House, Sydney
Admiralty House is the official Sydney residence of the Governor-General of Australia. It is located in the suburb of Kirribilli, on the northern foreshore of Sydney Harbour . This large, Italianate, sandstone mansion occupies the tip of Kirribilli Point...
, in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, and is used principally as a retreat for the Governor-General. The states of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
, Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
, and South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
also maintain residences, used by the respective Governors, though the monarch or other members of the Royal Family will stay there when in the state. These residences are the property of the Australian people administered by their federal and state governments.
Australian Defence Force
The Crown has a symbolic place in the Australian Defence ForceAustralian Defence Force
The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy , Australian Army, Royal Australian Air Force and a number of 'tri-service' units...
, which consists of the Royal Australian Navy
Royal Australian Navy
The Royal Australian Navy is the naval branch of the Australian Defence Force. Following the Federation of Australia in 1901, the ships and resources of the separate colonial navies were integrated into a national force: the Commonwealth Naval Forces...
, Australian Army
Australian Army
The Australian Army is Australia's military land force. It is part of the Australian Defence Force along with the Royal Australian Navy and the Royal Australian Air Force. While the Chief of Defence commands the Australian Defence Force , the Army is commanded by the Chief of Army...
, and Royal Australian Air Force
Royal Australian Air Force
The Royal Australian Air Force is the air force branch of the Australian Defence Force. The RAAF was formed in March 1921. It continues the traditions of the Australian Flying Corps , which was formed on 22 October 1912. The RAAF has taken part in many of the 20th century's major conflicts...
.
Section 68 of the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
says: "The command in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative." In practice, however, the Governor-General does not play any part in the ADF's command structure and the ADF is under the control of the Minister for Defence
Minister for Defence (Australia)
The Minister for Defence of Australia administers his portfolio through the Australian Defence Organisation, which comprises the Department of Defence and the Australian Defence Force. Stephen Smith is the current Minister.-Ministers for Defence:...
and several subordinate ministers. The Minister advises the Governor-General who acts as advised in the normal form of executive government.
Australian naval vessels
Navy
A navy is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake- or ocean-borne combat operations and related functions...
bear the prefix Her Majesty's Australian Ship
Her Majesty's Australian Ship
Her or His Majesty's Australian Ship is a ship prefix used for commissioned units of the Royal Australian Navy. This prefix is derived from HMS , the prefix used by the Royal Navy of the United Kingdom, and can be equally applied to warships and shore bases Her or His Majesty's Australian Ship...
(HMAS). The Royal Australian Regiment
Royal Australian Regiment
The Royal Australian Regiment is the parent regiment for regular infantry battalions of the Australian Army and is the senior infantry regiment of the Royal Australian Infantry Corps...
(RAR) which makes up most of the Infantry Corps and many other regiments carry the 'Royal' prefix.
Members of the Royal Family have presided over military ceremonies, including Trooping of the Colours, inspections of the troops, and anniversaries of key battles. Whenever the Queen is in Canberra she lays a wreath at the Australian War Memorial
Australian War Memorial
The Australian War Memorial is Australia's national memorial to the members of all its armed forces and supporting organisations who have died or participated in the wars of the Commonwealth of Australia...
. In 2003, Elizabeth II acted in her capacity as Australian monarch when she dedicated the Australian War Memorial in Hyde Park
Hyde Park, London
Hyde Park is one of the largest parks in central London, United Kingdom, and one of the Royal Parks of London, famous for its Speakers' Corner.The park is divided in two by the Serpentine...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
Some members of the Royal Family are Colonels-in-Chief
Colonel-in-Chief
In the various Commonwealth armies, the Colonel-in-Chief of a regiment is its patron. This position is distinct from that of Colonel of the Regiment. They do not have an operational role. They are however kept informed of all important activities of the regiment, and pay occasional visits to its...
of Australian regiments, including: the Royal Regiment of Australian Artillery
Royal Regiment of Australian Artillery
The Royal Regiment of Australian Artillery, normally referred to as the Royal Australian Artillery , is a corps of the Australian Army descended from the original colonial artillery units prior to Australia's federation...
; Royal Australian Army Medical Corps; the Royal Australian Armoured Corps and the Royal Australian Corps of Signals
Royal Australian Corps of Signals
The Royal Australian Corps of Signals is one of the 'arms' of the Australian Army. It is responsible for installing, maintaining and operating all types of telecommunications equipment and information systems...
, amongst many others. The Queen's husband, the Duke of Edinburgh
Duke of Edinburgh
The Duke of Edinburgh is a British royal title, named after the city of Edinburgh, Scotland, which has been conferred upon members of the British royal family only four times times since its creation in 1726...
, is an Admiral of the Fleet
Admiral of the Fleet (Royal Australian Navy)
Admiral of the Fleet is the highest rank in the Royal Australian Navy, but is a ceremonial, not active or operational, rank. It equates to the rank code O-11. Equivalent ranks in the other services are Field Marshal and Marshal of the Royal Australian Air Force...
in right of the Royal Australian Navy, Marshal of the Royal Australian Air Force, and Field Marshal
Field Marshal (Australia)
Field Marshal is the highest rank of the Australian Army and was created as a direct equivalent of the British military rank of field marshal. A five-star rank, the equivalent ranks in the other armed services are Admiral of the Fleet and Marshal of the Royal Australian Air Force...
of the Australian Army.
On 22 October 2011 at the Royal Military College, Duntroon in Canberra, the Queen of Australia presented new Sovereign's Colours to the Australian Defence Force.
History
The development of a distinctly Australian monarchy came about through a complex set of incremental events, beginning with the initial settlements of the territory in 1770, when Captain James CookJames Cook
Captain James Cook, FRS, RN was a British explorer, navigator and cartographer who ultimately rose to the rank of captain in the Royal Navy...
, in the name of, and under instruction from, King George III
George III of the United Kingdom
George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
, claimed the east coast of Australia. Colonies were soon after founded across the continent, all of them ruled by the monarch of the United Kingdom
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
, upon the advice of his or her British ministers, the Secretary of State for the Colonies
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
, in particular. After Queen Victoria's granting of Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to the Commonwealth of Australia Constitution Act
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
on 9 July 1900, which brought about Federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
in 1901, whereupon the six colonies became the states of Australia
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
, the relationship between the state governments and the Crown remained as it was pre-1901: References in the constitution to "the Queen" meant the government of the United Kingdom (in the formation of which Australians had no say) and the Colonial Laws Validity Act 1865
Colonial Laws Validity Act 1865
The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws"....
by which colonial laws deemed repugnant to imperial (British) law in force in the colony were rendered void and inoperative remained in force at in both the federal and state spheres; and all the governors, both of the Commonwealth and the states, remained appointees of the British monarch on the advice of the British Cabinet, a situation that continued even after Australia was recognised as a Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in 1907. As Queen-Empress, Victoria "symbolised the British Empire of which all Australians were subjects".
In response to calls from some Dominions for a re-evaluation in their status under the Crown after their sacrifice and performance in the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, a series of Imperial Conferences was held in London, from 1917 on, which resulted in the Balfour Declaration of 1926, which provided that the United Kingdom and the Dominions were to be considered as "autonomous communities within the British Empire, equal in status, in no way subordinate to one another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown." The Royal and Parliamentary Titles Act, 1927, an Act of the Westminster Parliament, was the first indication of a shift in the law, before the Imperial Conference of 1930 established that the Australian Cabinet could advise the sovereign directly on the choice of Governor-General, which ensured the independence of the office. The Crown was further separated amongst its dominions by the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
, and, though it was not adopted by Australia until 1942 (retroactive to 3 September 1939), the law's validity in the United Kingdom required its government to seek Australia's consent in allowing the abdication
Edward VIII abdication crisis
In 1936, a constitutional crisis in the British Empire was caused by King-Emperor Edward VIII's proposal to marry Wallis Simpson, a twice-divorced American socialite....
of Edward VIII as King of Australia and all the other Dominions in 1936.
The Curtin Labor Government
Curtin Government
The Curtin Government refers to the federal Executive Government of Australia led by Prime Minister John Curtin. It was made up of members of the Australian Labor Party in the Australian Parliament from 1941 to 1945.-Background:...
appointed Prince Henry, Duke of Gloucester
Prince Henry, Duke of Gloucester
The Prince Henry, Duke of Gloucester was a soldier and member of the British Royal Family, the third son of George V of the United Kingdom and Queen Mary....
, as Governor-General during the Second World War. Curtin hoped the appointment might influence the British to despatch men and equipment to the Pacific War
Pacific War
The Pacific War, also sometimes called the Asia-Pacific War refers broadly to the parts of World War II that took place in the Pacific Ocean, its islands, and in East Asia, then called the Far East...
, and the selection of the brother of King George VI reaffirmed the important role of the Crown to the Australian nation at that time. Queen Elizabeth II became the first reigning monarch to visit Australia in 1954, greeted by huge crowds across the nation. Her son Prince Charles attended school in Australia in 1967.Her grandson Prince Harry undertook a portion of his gap-year living and working in Australia in 2003.
The sovereign did not possess a title unique to Australia until the Australian parliament enacted the Royal Styles and Titles Act in 1953, after the accession of Elizabeth II to the throne, and giving her the title of Queen of the United Kingdom, Australia and Her other Realms and Territories. Still, Elizabeth remained a queen who reigned in Australia both as Queen of Australia (in the federal jurisdiction) and Queen of the United Kingdom (in each of the states), as a result of the states not wishing to have the Statute of Westminster apply to them, believing that the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
better protected their sovereign interests against an expansionist federal government, which left the Colonial Laws Validity Act in effect. Thus, the British monarch could still at least in theory, if not with some difficulty in practice legislate for the Australian states, and the viceroy
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
s in the states were appointed by and represented the sovereign of the United Kingdom, not that of Australia; as late as 1976, the British ministry advised the Queen to reject the nominee of the Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
Cabinet for Governor
Governors of Queensland
The Governor of Queensland is the representative in the state of Queensland of the Queen of Australia. The Governor performs the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level....
. It was with the passage of the Australia Act
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
in 1986, which repealed the Colonial Laws Validity Act, that the final vestiges of the British monarchy in Australia were removed, leaving a distinct Australian monarchy for the nation.
It was around the same time that a discussion on the matter of Australia becoming a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
began to emerge, culminating, a decade later, in the 1999 Australian republic referendum, which was defeated by 54.4% of the populace. The referendum followed the recommendation of a 1998 Constitutional Convention
Australian Constitutional Convention 1998
The Australian Constitutional Convention 1998 was a Constitutional Convention which gathered at Old Parliament House, Canberra from 2–13 February 1998. It was called by the Howard Government to discuss whether Australia should become a republic...
called to discuss the issue of Australia becoming a republic. Still, nearly another ten years later, Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
was appointed as Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
, whereafter he affirmed that a republic was still a part of his party's platform, and stated his belief that the debate on constitutional change should continue.
The current Prime Minister, Julia Gillard
Julia Gillard
Julia Eileen Gillard is the 27th and current Prime Minister of Australia, in office since June 2010.Gillard was born in Barry, Vale of Glamorgan, Wales and migrated with her family to Adelaide, Australia in 1966, attending Mitcham Demonstration School and Unley High School. In 1982 Gillard moved...
has re-affirmed her party's platform about a possible future republic. She stated that she would like to see Australia become a republic, with an appropriate time being when there is a change in monarch. A change of opinion was recorded on 21 October 2011 at a reception in the presence of the Queen at Parliament House in Canberra when the Prime Minister stated that the monarch is "a vital constitutional part of Australian democracy and would only ever be welcomed as a beloved and respected friend." The Opposition Leader, Tony Abbott
Tony Abbott
Anthony John "Tony" Abbott is the Leader of the Opposition in the Australian House of Representatives and federal leader of the centre-right Liberal Party of Australia. Abbott has represented the seat of Warringah since the 1994 by-election...
, a former head of Australians for Constitutional Monarchy
Australians for Constitutional Monarchy
Australians for Constitutional Monarchy is a group that aims to preserve Australia's current constitutional monarchy, with Elizabeth II as Queen of Australia...
stated on 21 October 2011, "Your Majesty, while 11 prime ministers and no less than 17 opposition leaders have come and gone, for 60 years you have been a presence in our national story and given the vagaries of public life, I'm confident that this will not be the final tally of the politicians that you have outlasted."
A Morgan poll taken in October 2011 found that support for constitutional change is at its lowest for 20 years. Of those surveyed 34% were pro-republic as opposed to 55% pro-monarchist, preferring to maintain the current constitutional arrangements.
Australia
- Australian Constitution
- List of Australian organisations with royal patronage
- Australian Peerages
Other
- Commonwealth realmCommonwealth RealmA Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
- States headed by Elizabeth IIStates headed by Elizabeth IIThe number of states headed by Queen Elizabeth II has varied during her years on the throne, altogether seeing her as head of state of a total of thirty-two independent countries during this period...
- Prime Ministers of Queen Elizabeth IIPrime Ministers of Queen Elizabeth IIQueen Elizabeth II has been head of state of 32 different Commonwealth realms since 1952. Currently, there are 16 realms. The Queen has had 12 British Prime Ministers, second only to George III, who had 14, and two more than the number had by Queen Victoria. She has also had 14 New Zealand Prime...
- List of Commonwealth visits made by Queen Elizabeth II