This articleneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources. Unsourced material may be challenged and removed. Find sources: "Administrator of the government" – news ·newspapers ·books ·scholar ·JSTOR(December 2021) (Learn how and when to remove this message) |
Anadministrator (administrator of the government orofficer administering the government) in the constitutional practice of some countries in theCommonwealth is a person who fulfils a role similar to that of a governor or agovernor-general.
Usually the office of administrator is a temporary appointment, for periods during which the governor is incapacitated, outside the territory, or otherwise unable to perform his or her duties. The process for selecting administrators varies from country to country.
In the absence of theGovernor-General of Australia, the administration of the government of theCommonwealth is assumed by the longest-serving availableState governor. Byconvention each State governor is given adormant commission to administer the Commonwealth in the absence from Australia, or the death, incapacity or removal from office of the governor-general by the Sovereign on appointment,[1] ensuring that there are multiple people who are able to assume the administration of the Commonwealth.[2]
When the governors of thestates of Australia are absent from their states, assume the administration of the government of the Commonwealth, are incapable of performing their office, die, or are removed from office by the Sovereign, the state'slieutenant-governor will assume the administration of the government of the state. If both the governor and lieutenant-governor are unable to administer a state government, an Administrator will assume the administration of the government. This administrator is often thechief justice of thestate's supreme court, or in their absence, the next most seniorpuisne judge who is available.[3][4]
An administrator may also be specially appointed. When Governor-GeneralDavid Hurley[5] and all state Governors were simultaneously absent from the Commonwealth to attend theCoronation of Charles III and Camilla in May 2023.,[6] Hurley's predecessor as governor-general,Sir Peter Cosgrove was specially commissioned to act as Administrator of the Government of the Commonwealth of Australia.[7]
An "administrator of the government" in Canada is a constitutional practice where an individual is empowered to perform the functions of the office of thegovernor general if the governor general is incapable of rendering their constitutional duties, or if the position of Governor General is vacant following a resignation or death.[8] The provisions to select the administrator of the government in Canada is outlined in Article VIII of theLetters Patent, 1947; which identifies that theChief Justice of Canada assumes the role as administrator should the need arise. In the absence of the chief justice, the seniorPuisne Justice of theSupreme Court of Canada is designated as the administrator of the government.[8] Prior to theLetters Patent, 1947, the administrator of the government was directly appointed by the monarch.[9] An administrator of the government is not required if a governor general is absent for less than 30 days, with the governor general empowered to designate a "deputy governor general" to act on their behalf.[8]Richard Wagner is the most recent in Canada designated as the "administrator of the government," having been sworn in to the position on 23 January 2021 afterGovernor General Payette resigned.[10] He served as administrator until the Queen appointedMary Simon as governor general on 26 July 2021, on the advice of Prime MinisterJustin Trudeau.[11]
The constitutional practice of an "administrator of the government" is also found within theprovinces of Canada, with provincial administrators of the government assuming the functions of the office of thelieutenant governor if its holder is incapable of rendering their duties. The federal government typically appoints the chief justice of each province as the provincial administrator of government. Unlike the federal administrator, provincial administrators cannot act if the office of lieutenant governor is vacant.
The term "administrator" is also used in the Canadian territory ofYukon, although the position of administrator in Yukon is analogous to a "deputycommissioner of Yukon".[12]
In Ceylon, the officer administering the government in the absence of thegovernor-general of Ceylon was thechief justice of Ceylon. In the absence of the chief justice the acting chief justice would serve in this place. Ceylon had two acting governors-general.
When Hong Kong was a BritishCrown colony thechief secretary (colonial secretary before 1976) would be theacting governor, followed by thefinancial secretary and theattorney general. The practice has remained after thetransfer of sovereignty to China. Rotation takes place between thechief secretary for administration (formerly chief secretary), the financial secretary and thesecretary for justice (formerly attorney general) as the actingchief executive.
Under theGovernor-General Act 2010, there are certain times where thechief justice, currentlyHelen Winkelmann, will fulfil the role of administrator of the government (acting governor-general). These times may be when the governor-general is outside New Zealand, or is incapacitated or otherwise unable to carry out their duties, or more prominently when the position is vacant .[13][14] If the chief justice is unable to become administrator of the government for similar reasons as above then the title follows theorder of seniority in the judicial system.[15]
As a former external territory of Australia, the head of the territory's administration was called the administrator of Papua-New Guinea before independence in 1975. The appointment was by the governor-general of Australia on the advice of the Australian minister of external territories. The minister for external territories consulted with the territory's chief minister as part of the appointment process.
On 11 November 1965, the self-governingBritish colony ofSouthern Rhodesia made aunilateral declaration of independence (UDI) although it continued to recognise theBritish monarch, QueenElizabeth II, ashead of state, withoaths of allegiance to "Her Majesty the Queen Elizabeth,Queen of Rhodesia, her heirs and successors".[16] However, theRhodesian Front government ofIan Smith ceased to recognise the authority of herde jure representative,GovernorSir Humphrey Gibbs.[17]
Instead, on 17 November, it appointed the former deputy prime minister,Clifford Dupont, to the post of "acting officer administering the government".[18] Opponents of UDI who considered it an illegal move, such as the independent member of the legislative assembly,Ahrn Palley, refused to recognise Dupont's office, and walked out of the opening of theParliament of Rhodesia when Dupont came to deliver theSpeech from the Throne.[19]
On 2 December, Smith wrote a personal letter to the Queen, asking her to accept Dupont as the newgovernor-general.[20] In response, he was told that "Her Majesty is not able to entertain purported advice of this kind, and has therefore been pleased to direct that no action shall be taken upon it".[21]
Under the 1965 draft constitution, if the Queen did not appoint a governor-general within fourteen days of advice being tendered by the prime minister, aregent was to be appointed.[22] In deference to the royal family, however, on 16 December, Smith amended his original plan to appoint a regent and Dupont was appointed as "officer administering the government".[23]
Consequently, legislation passed after UDI was "enacted by His Excellency the Officer Administering the Government, as the representative of the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Rhodesia".[24] Dupont would continue to use the title until 1970.[25] When Rhodesia adopted a republican constitution that year, he became the firstPresident of Rhodesia, a position that was internationally unrecognised, given the fact that Rhodesia was de jure a British colony.
The country was renamedZimbabwe Rhodesia in 1979, before it returned to colonial status following theLancaster House Agreement later that year. In 1980, it achieved internationally recognised independence asZimbabwe, becoming arepublic in the Commonwealth of Nations.
The termadministrator is also used for a permanent officer representing the head of state where the appointment of a governor would be inappropriate; it is also used for the representative of a governor.
There is no administrator in theAustralian Capital Territory and thechief minister is elected by thelegislative assembly.
In theUnion territories of India, which are ruled directly by theUnion government, thePresident of India appoints an administrator.[26] Administrators differ from thegovernors of the states of India in that they are a representative of the president and not a head of state.[27]
The president may also appoint the governor of a neighbouring state to be the administrator of a union territory. Since 1985 theGovernor of Punjab has acted as the Administrator ofChandigarh. AndAdministrator of Lakshadweep alsorules Dadra and Nagar Haveli and Daman and Diu. In five union territories:Andaman and Nicobar Islands,Delhi,Jammu and Kashmir,Ladakh andPuducherry; the administrator uses the title "lieutenant governor".
In the United States, the rank ofadministrator denotes a high-level civilian official within theUnited States federal government. Generally, an official ofsub-cabinet rank, an administrator is appointed by the President of the United States with the consent of theUnited States Senate and assigned to run a specificUS government agency.
Duringmandatory times, thehigh commissioner was deputized by an administrator in case of high commissarial vacancy, and a deputy to the high commissioner when the high commissioner remained in office but temporarily could not fulfill his duties. Both posts were heldex-officio by the chief secretary. The rules for deputizing the analogous office in modern-day Israel, thepresident, are similar, with aninterim president analogous to the administrator and anacting president analogous to the deputy to the high commissioner.