| Governor of New South Wales | |
|---|---|
 Standard of the Governor | |
since 2 May 2019 | |
| Viceregal | |
| Style | Her Excellencythe Honourable |
| Residence | Government House, Sydney |
| Seat | Sydney |
| Appointer | Monarch on the advice of thepremier |
| Term length | At His Majesty's pleasure (usually 5 years byconvention) |
| Formation | 7 February 1788 |
| First holder | Arthur Phillip |
| Deputy | Lieutenant-Governor of New South Wales |
| Salary | $529,000 |
| Website | governor |
Thegovernor of New South Wales is the representative of the monarch,King Charles III, in the state ofNew South Wales. In an analogous way to theGovernor-General of Australia at the national level, theGovernors of the Australian States perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on theadvice of thePremier of New South Wales,[1] and serves in office for an unfixed period of time—known as servingAt His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired judgeMargaret Beazley, who succeededDavid Hurley on 2 May 2019.
The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with theFederation of Australia and theNew South Wales Constitution Act 1902, which defined the viceregal office as the governor acting by and with the advice of theExecutive Council of New South Wales.[2] However, the post still ultimately represented theGovernment of the United Kingdom until, after continually decreasing involvement by the British government, the passage in 1942 of theStatute of Westminster Adoption Act 1942 (seeStatute of Westminster) and theAustralia Act 1986, after which the governor became the direct, personal representative of the sovereign.
The office of governor is prescribed by theNew South Wales Constitution. TheMonarch, on the advice and recommendation of thePremier of New South Wales, appoints the governor with a commission issued under theRoyal sign-manual andPublic Seal of the State, who is from then until being sworn in by the premier and chief justice referred to as thegovernor-designate.
Besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor-designate. The constitution act stipulates: "Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court."[2] The sovereign will also hold anaudience with the appointee and will at that time induct the governor-designate as aCompanion of the Order of Australia (AC).
The incumbent will generally serve for at least five years, though this is only a developed convention, and the governor still technically actsat His Majesty's pleasure (or theRoyal Pleasure). The premier may therefore recommend to the King that the viceroy remain in his service for a longer period of time, sometimes upwards of more than seven years. A governor may also resign[note 1] and three have died in office.[note 2] In such a circumstance, or if the governor leaves the country for longer than one month, theLieutenant-Governor of New South Wales, concurrently held by theChief Justice of New South Wales since 1872, serves asAdministrator of the Government and exercises all powers of the governor.[note 3] Furthermore, if the lieutenant governor becomes incapacitated while serving in the office of governor or is also absent from the state, the next most senior judge of the Supreme Court is sworn in as the administrator.[note 4]
Between 1788 and 1957, all governors were born outside New South Wales and were often members of thepeerage. HistorianA. J. P. Taylor once noted that "going out and governing New South Wales became the British aristocracy's 'abiding consolation'".[3] However, the position eventually became filled by Australians, with the first Australian-born governor, SirJohn Northcott on 1 August 1946, being the first Australian-born governor of any state. However, as Northcott was born in Victoria, it was not until SirEric Woodward's appointment by Queen Elizabeth II in 1957 that the position was filled by a New South Welshman. This practice continued until 1996, when Queen Elizabeth II commissioned as her representativeGordon Samuels, a London-born immigrant to Australia.
Early governors were frequently former politicians, many being members of theHouse of Lords by virtue of their peerage; however they were required by the tenets ofconstitutional monarchy to benon-partisan while in office. The first governors were all military officers and the majority of governors since have come from a military background, numbering 19.[when?] Samuels was the first governor in New South Wales history without a political or common public service background—a former justice of theSupreme Court of New South Wales. The first woman to hold this position is also the first Lebanese-Australian governor,Dame Marie Bashir.
As the sovereign lives outside New South Wales, the Governor's primary task is to perform the Sovereign's constitutional duties on their behalf.
The Governor is enpowered by theConstitution Act 1902 to appoint the ministers of theGovernment of New South Wales. Convention dictates that the governor must select as premier an individual fromLegislative Assembly that has theconfidence of that body. The premier then advises the governor on who to appoint as ministers. The executive branch of government exercises power formally through the governor-in-council, the governor acting with the advice of theExecutive Council of New South Wales.[4] This council is made up of cabinet ministers and gives legal effect to decisions already reached in cabinet. While the governor must almost always act only on the advice of ministers, in exceptional circumstances they may act in the absence or contrary to advice—this is known as thereserve powers. The circumstances when these powers may be exercised is disputed, however in 1932 the governor justified the use of these powers to revoke the commission of premierJack Lang during the1932 New South Wales constitutional crisis on the grounds of alleged illegal activity by the premier.
The Governor alone is constitutionally mandated to summonParliament and may also prorogue anddissolve it on the advice of the premier. The Governor grantsRoyal Assent in the King's name to bills as the final step required to give them the force of law. While in the past Governors had the discretion to refuse or reserve assent to bills, usually where they were seen as unfavourable to imperial interests, now the only likely grounds on which a bill could be refused if it was passed contrary to manner and form requirements (for example the requirement to hold a referendum to approve of any law that abolished or changed the powers of either of the houses of Parliament).[5] A Governor's view that a bill is likely unconstitutional is not a ground for the reservation of royal assent as the legality of a bill is determined by the courts.[5] With most constitutional functions delegated to Cabinet, the Governor acts in a primarily ceremonial fashion. The Governor hosts members ofAustralia's Royal Family, as well as foreign royalty and heads of state. Also as part of international relations, the Governor receivesletters of credence and of recall from foreign Consuls-general appointed to Sydney. When they are the longest-serving State Governor, the governor of New South Wales holds adormant commission to act as theAdministrator of the Commonwealth when theGovernor-General of Australia is absent from Australia, a role currently held by Margaret Beazley, and previously by Marie Bashir.[6]
The Governor is also tasked with fostering unity and pride. The governor inducts individuals into the variousnational orders and present national medals and decorations, however the most senior awards such as ACs or the Victoria Cross are the sole prerogative of the governor general. The Governor alsoex-officio serves as HonoraryColonel of theRoyal New South Wales Regiment (since 1960), HonoraryAir Commodore ofNo. 22 (City of Sydney) Squadron,Royal Australian Air Force (since 1937) and HonoraryCommodore of theRoyal Australian Navy, as well as theChief Scout for New South Wales.[7]
Although not a responsibility of the office of Governor of New South Wales, governors of New South Wales are - like allGovernors of the Australian states - normally given adormant commission toadminister the government of the Commonwealth of Australia in the absence from Australia, or the death, incapacity or removal from office of theGovernor-General by the Sovereign.[8] New South Wales governors are often also appointed as aDeputy of the Governor-General[9] to perform certain responsibilities of the Governor-General while the Governor-General is present in Australia, but unable to perform them personally.[10]
The Governor is listed second in New South Wales' table of precedence, behind the Governor-General.[11] The incumbent Governor is entitled to use the style ofHis orHerExcellency, while in office. On 28 November 2013 the Premier of NSW announced that the Queen had given approval for the title of "The Honourable" to be accorded to the governors and former Governors of New South Wales.[12] Upon installation, the governor serves as a Deputy Prior of theMost Venerable Order of the Hospital of Saint John of Jerusalem in Australia and is also traditionally invested as either a Knight or Dame of Justice or Grace of the Order.[citation needed] It is also customary that the Governor is made aCompanion of the Order of Australia, though this is not necessarily automatic. The use by the Governor of an elaborateuniform, comprising a plain blue tailcoat, scarlet collar and cuffs (embroidered in silver), silver epaulettes, and a plumed bicorne hat, fell out of use with the appointment of the first Australian-born Governor, Sir John Northcott, in 1946.
The musical vice regal salute—composed of the first and last four bars of the national anthem ("Advance Australia Fair")—is played on the arrival and departure of the Governor from a formal event in which a military or service guard is present. It is optional to play if no guard is at the event.[13]
To mark the Governor's presence at any building, ship, aeroplane, or car in Australia, the Governor's standard or flag is employed. Following the example of other states adopting unique Governor's standards, in 1980 the Government of New South Wales sought to introduce a new standard for the Governor to replace theUnion Flag that had been in use since 1788.[14] PremierNeville Wran wrote to the Governor, Sir Roden Cutler, on 25 November 1980 advising: "His Excellency’s Ministers of State now consider that there should be a change in the Personal Standard of the Governor of New South Wales, such change to take effect at the conclusion of His Excellency’s term of office. The Premier therefore recommends for approval a change in the Governor’s distinctive flag from the Union Flag to the New South Wales State Flag with a Crown surmounting the State badge in the fly." However, Cutler did not agree with this change, and it was recommended that the change be undertaken after he had left office.[14] The new Governor's Standard was designed and presented by theGarter King of Arms to theAgent-General for New South Wales in London on 8 January 1981, who then sought Royal assent of the new design, which was given on 15 January 1981.[14] The flag was first flown on 20 January 1981 overParliament House for the official swearing-in of Governor Sir James Rowland, and was flown for the first time over Government House on 29 January 1981.[15][16]
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Aside from the Crown itself, the office of Governor of New South Wales is the oldest constitutional office in Australia. CaptainArthur Phillip assumed office as Governor of New South Wales on 7 February 1788, when the Colony of New South Wales, the first British settlement in Australia, was formally proclaimed. The early colonial governors held an almost autocratic power due to the distance from and poor communications with Great Britain, until 1824 when theNew South Wales Legislative Council, Australia's first legislative body, was appointed to advise the governor.[17]
Between 1850 and 1861, the Governor of New South Wales was titled Governor-General, in an early attempt at federalism imposed byEarl Grey. All communication between the Australian colonies and the British Government was meant to go through the Governor-General, and the other colonies had lieutenant-Governors. As South Australia (1836),Tasmania (January 1855) andVictoria (May 1855) obtained responsible government, their lieutenant-Governors were replaced by Governors. Although he had ceased acting as a Governor-General, SirWilliam Denison retained the title until his retirement in 1861.[18]
The six British colonies in Australia joined to form theCommonwealth of Australia in 1901. New South Wales and the other colonies became states in the federal system under theConstitution of Australia. In 1902, theNew South Wales Constitution Act 1902 confirmed the modern system of government of New South Wales as a state. Like the new federalGovernor-General and the other state governors, in the first years after federation, the governor of New South Wales continued to act both in their constitutional role, and as a liaison between the local government and the imperial government inLondon.
In 1942, the Commonwealth of Australia passed theStatute of Westminster Adoption Act 1942, which rendered Australia dominion status under theStatute of Westminster, and while Australia and Britain share the same person as monarch, that person acts in a distinct capacity when acting as the monarch of each dominion. The convention that the monarch acts in respect of Australian affairs on the advice of his or her Australian ministers, rather than his or her British ministers, became enshrined in law.[citation needed] For New South Wales however, because the Statute of Westminster did not disturb the constitutional arrangements of the Australian states, the governor remained (at least formally) in New South Wales the representative of the British monarch. This arrangement seemed incongruous with the Commonwealth of Australia's independent dominion status conferred by the Statute of Westminster, and with the federal structure.
After much negotiation between the federal and state governments of Australia, the British government andBuckingham Palace, theAustralia Act 1986 removed any remaining constitutional roles of the British monarch and British government in the Australian states, and established that the governor of New South Wales (along with the other state governors) was the direct, personal representative of the Australian monarch, and not the British monarch or the British government, nor the governor-general of Australia or the Australian federal government.
On his arrival in Sydney in 1788, Governor Phillip resided in a temporary wood and canvas house before the construction ofa more substantial house on a site now bounded byBridge andPhillip Streets. This first Government House was extended and repaired by the following eight governors, but was generally in poor condition and was vacated when the governor relocated to the new building in 1845, designed byEdward Blore andMortimer Lewis.
With the federation of the Australian colonies in 1901, it was announced that Government House was to serve as the secondary residence of the new governor-general of Australia. As a consequence the NSW Government leased the residence ofCranbrook, Bellevue Hill as the residence of the governor. This arrangement lasted until 1913 when the NSW Government terminated the Commonwealth lease of Government House (the governor-general moved to the new Sydney residence ofAdmiralty House), the governor from 1913 to 1917, SirGerald Strickland, continued to live in Cranbrook and on his departure his successor returned to Government House.
On 16 January 1996, PremierBob Carr announced that the next governor would beGordon Samuels, that he would not live or work at Government House and that he would retain his appointment as chairman of the New South Wales Law Reform Commission. On these changes, Carr said: "The Office of the Governor should be less associated with pomp and ceremony, less encumbered by anachronistic protocol, more in tune with the character of the people."[19] The state's longest-serving governor, SirRoden Cutler, was also reported as saying: "It's a political push to make way in New South Wales to lead the push for a republic. If they decide not to have a Governor and the public agrees with that, and Parliament agrees, and the Queen agrees to it, that is a different matter, but while there is a Governor you have got to give him some respectability and credibility, because he is the host for the whole of New South Wales. For the life of me I cannot understand the logic of having a Governor who is part-time and doesn't live at Government House. It is such a degrading of the office and of the Governor."[20][21]
In October 2011, the new premier,Barry O'Farrell, announced that the Governor, now DameMarie Bashir, had agreed with O'Farrell's offer to move back into Government House: "A lot of people believe the Governor should live at Government House. That's what it was built for ... [A]t some stage a rural or regional Governor will be appointed and we will need to provide accommodation at Government House so it makes sense to provide appropriate living areas".[22] With the Governor's return, management of the residence reverted to the Office of the Governor in December 2013.
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In addition to the primary Sydney Vice-Regal residence, many Governors had also felt the need for a 'summer retreat' to escape the hard temperatures of the Sydney summers. In 1790, Governor Phillip had a secondary residence built in the township ofParramatta. In 1799 the second governor,John Hunter, had the remains of Arthur Phillip's cottage cleared away, anda more permanent building erected on the same site. This residence remained occupied until the completion of the primary Government House in 1845, however the hard summers and growing size of Sydney convinced successive governors of the need for a rural residence.
The governor from 1868 to 1872, theEarl Belmore, used Throsby Park inMoss Vale as his summer residence. His successor, SirHercules Robinson, often retired privately to the same area, in theSouthern Highlands, for the same reason. In 1879 it was then decided that the colony should purchase a house atSutton Forest for use as a permanent summer residence, and in 1881 the NSW Government purchased for £6000 a property known as "Prospect" that had been built by Robert Pemberton Richardson (of the firmRichardson & Wrench). This was renamed "Hillview", and became the primary summer governor's residence from 1885 to 1957. In 1957, seen as unnecessary and expensive, Hillview was put up for sale and purchased from the state government by Edwin Klein. Hillview was returned to the people of NSW in 1985 and is currently leased under the ownership of the Environment and Heritage Group of theDepartment of Planning & Environment.[23]
The viceregal household aids the governor in the execution of the royal constitutional and ceremonial duties and is managed by the Office of the Governor, whose currentofficial secretary and chief of staff is Michael Miller LVO, RFD.[24] These organised offices and support systems includeaides-de-camp,press officers, financial managers, speech writers, trip organisers, event planners and protocol officers, chefs and other kitchen employees, waiters, and various cleaning staff, as well as tour guides. In this official and bureaucratic capacity, the entire household is often referred to asGovernment House. These departments are funded through the annual budget, as is the governor's salary of $529,000.[25]
The following individuals have served as a Governor of New South Wales:[26]
| No. | Portrait | Governor | Term start | Term end | Time in office | |||
|---|---|---|---|---|---|---|---|---|
| Governors appointed byGeorge III (1760–1820): | ||||||||
| 1 | .jpg) | CaptainArthur Phillip | 7 February 1788 | 10 December 1792 | 4 years, 307 days | |||
| 2 |  | CaptainJohn Hunter | 11 September 1795 | 27 September 1800 | 5 years, 16 days | |||
| 3 |  | CaptainPhilip Gidley King | 28 September 1800 | 12 August 1806 | 5 years, 318 days | |||
| 4 |  | CaptainWilliam Bligh | 13 August 1806 | 26 January 1808 | 1 year, 166 days | |||
| 5 |  | Major-GeneralLachlan Macquarie | 1 January 1810 | 1 December 1821 | 11 years, 334 days | |||
| Governors appointed byGeorge IV (1820–1830): | ||||||||
| 6 |  | Major-General SirThomas Brisbane | 1 December 1821 | 1 December 1825 | 4 years, 0 days | |||
| 7 |  | Lieutenant General SirRalph Darling | 19 December 1825 | 21 October 1831 | 5 years, 306 days | |||
| Governors appointed byWilliam IV (1830–1837): | ||||||||
| 8 |  | Major-General SirRichard Bourke | 3 December 1831 | 5 December 1837 | 6 years, 2 days | |||
| Governors appointed byQueen Victoria (1837–1901): | ||||||||
| 9 |  | Major SirGeorge Gipps | 24 February 1838 | 11 July 1846 | 8 years, 137 days | |||
| 10 | .jpg) | Lieutenant Colonel SirCharles Augustus FitzRoy | 3 August 1846 | 28 January 1855 | 8 years, 178 days | |||
| 11 |  | SirWilliam Denison | 20 January 1855 | 22 January 1861 | 6 years, 2 days | |||
| 12 |  | SirJohn Young | 16 May 1861 | 24 December 1867 | 6 years, 222 days | |||
| 13 |  | Somerset Lowry-Corry, 4th Earl Belmore | 8 January 1868 | 21 February 1872 | 4 years, 44 days | |||
| 14 |  | SirHercules Robinson | 3 June 1872 | 19 March 1879 | 6 years, 289 days | |||
| 15 |  | Lord Augustus Loftus | 4 August 1879 | 9 November 1885 | 6 years, 97 days | |||
| 16 |  | Charles Wynn-Carington, 3rd Baron Carrington | 12 December 1885 | 3 November 1890 | 4 years, 326 days | |||
| 17 |  | Victor Child Villiers, 7th Earl of Jersey | 15 January 1891 | 2 March 1893 | 2 years, 46 days | |||
| 18 |  | SirRobert Duff | 29 May 1893 | 15 March 1895 | 2 years, 291 days | |||
| 19 |  | Henry Brand, 2nd Viscount Hampden | 21 November 1895 | 5 March 1899 | 3 years, 104 days | |||
| 20 |  | William Lygon, 7th Earl Beauchamp | 18 May 1899 | 30 April 1901 | 1 year, 347 days | |||
| Governors appointed byEdward VII (1901–1910): | ||||||||
| 21 |  | Admiral SirHarry Rawson | 27 May 1902 | 27 May 1909 | 7 years, 0 days | |||
| 22 |  | Frederic Thesiger, 3rd Baron Chelmsford | 28 May 1909 | 11 March 1913 | 3 years, 287 days | |||
| Governors appointed byGeorge V (1910–1936): | ||||||||
| 23 | .jpg) | SirGerald Strickland | 14 March 1913 | 27 October 1917 | 4 years, 227 days | |||
| 24 |  | SirWalter Davidson | 18 February 1918 | 4 September 1923[note 2] | 5 years, 198 days | |||
| 25 |  | Admiral SirDudley de Chair | 28 February 1924 | 7 April 1930 | 6 years, 38 days | |||
| 26 |  | Air Vice Marshal SirPhilip Game | 29 May 1930 | 15 January 1935 | 4 years, 231 days | |||
| 27 |  | Alexander Hore-Ruthven, 1st Baron Gowrie | 21 February 1935 | 22 January 1936 | 335 days | |||
| Governors appointed byEdward VIII (1936): | ||||||||
| 28 |  | Admiral SirMurray Anderson | 6 August 1936 | 30 October 1936[note 2][note 3] | 85 days | |||
| Governors appointed byGeorge VI (1936–1952): | ||||||||
| 29 |  | John Loder, 2nd Baron Wakehurst | 8 April 1937 | 8 January 1946 | 8 years, 275 days | |||
| 30 | | Lieutenant General SirJohn Northcott | 1 August 1946 | 31 July 1957 | 10 years, 364 days | |||
| Governors appointed by QueenElizabeth II (1952–2022): | ||||||||
| 31 |  | Lieutenant General SirEric Woodward | 1 August 1957 | 31 July 1965 | 7 years, 364 days | |||
| 32 |  | SirRoden Cutler | 20 January 1966 | 19 January 1981 | 14 years, 365 days | |||
| 33 |  | Air Marshal SirJames Rowland | 20 January 1981 | 20 January 1989 | 8 years, 0 days | |||
| 34 |  | Rear Admiral SirDavid Martin | 20 January 1989 | 7 August 1990[note 1] | 1 year, 199 days | |||
| 35 | Rear AdmiralPeter Sinclair | 8 August 1990 | 29 February 1996 | 5 years, 205 days | ||||
| 36 |  | Gordon Samuels | 1 March 1996 | 28 February 2001 | 4 years, 364 days | |||
| 37 |  | Professor DameMarie Bashir | 1 March 2001 | 1 October 2014 | 13 years, 214 days | |||
| 38 | .jpg) | GeneralDavid Hurley(Retd) | 2 October 2014 | 1 May 2019 | 4 years, 211 days | |||
| 39 |  | Margaret Beazley | 2 May 2019 | Incumbent | 6 years, 208 days | |||
Government House, Sydney, has set a new standard. Sir James Rowland has broken with the tradition of a Union Jack, used by Governors since Phillip, and adopted a new flag. The caretaker, Mr Ron MacKillop, raised the new flag for the first time yesterday.
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