(Redirected from Queen of Australia)
'
Australia' is a '
constitutional monarchy' and a
Commonwealth realm, with
Queen Elizabeth II as its
reigning monarch since
6 February 1952. As such she is Australia's
Sovereign and officially called Queen of Australia. The Australian monarch, besides reigning in Australia, separately serves as monarch for each of fifteen other countries, which are members of the
Commonwealth of Nations. This developed from the former colonial relationship of these countries to Britain, but they are now independent and the monarchy of each is legally distinct.
Most of the royal powers in Australia are exercised by the
Governor-General, presently Major-General
Michael Jeffery, though the Monarch does hold some powers that are his or hers alone including the power of appointment of the Governor-General. In reality, however, convention dictates that the Monarch (and his or her Governor-General) acts on the advice of his or her Ministers alone. There is debate in Australia over whether the Governor-General or the Monarch is
head of state.
The Queen is the only member of the
Royal Family with any
constitutional role; she, her husband,
Prince Philip, Duke of Edinburgh, their son
The Prince of Wales, and other members of the Royal Family, including the Queen's other children and cousins, undertake various public ceremonial functions across Australia and abroad.
In the latest opinion polls, 45% of Australians favour a Republic, 36% favour a monarchy, and 19% are neutral.
[1] There are considerable differences between states, with
New South Wales and
Victoria showing much stronger support for a republic than other states.
Origins
The current Australian
monarchy can trace its ancestral lineage back to the
Anglo-Saxon period, and ultimately back to the
kings of the Angles and the early
Scottish kings. Parts of the territories that today comprise Australia were claimed under King
George III in 1770. Throughout the 19th century the Crown's territory expanded to include the entire continent. The
colonies were federated by Queen
Victoria in 1901 to form the
Commonwealth of Australia, and the country's status as an independent nation was legislatively realised, via the
Australia Acts, by Queen
Elizabeth II in 1986.
International and domestic aspects
Sixteen states within the 53-member Commonwealth of Nations are in a
personal union relationship and are known as
Commonwealth realms.
[1][2][3][4] Australia is one of these, therefore the Australian Monarchy is part of one shared amongst former territories of the
British Empire. Despite sharing the same person as their respective national monarch, each of the Commonwealth Realms is sovereign and independent of the others.
[5]
:''See also:
Commonwealth Realm: Constitutional implications''
Development of shared monarchy
The
Balfour Declaration of 1926 provided the
Dominions the right to be considered equal to Britain, rather than subordinate; an agreement that had the result of, in theory, a shared Crown that operates independently in each Realm rather than a unitary British Crown under which all the
Dominions were secondary. The Monarchy thus ceased to be an exclusively British institution, although it has often been called "British" since this time (in both legal and common language) for reasons historical, legal, and of convenience. The
Royal and Parliamentary Titles Act, 1927 was the first indication of this shift in law, further elaborated in the
Statute of Westminster, 1931.
Under the Statute of Westminster, Australia has a common monarchy with Britain and the other
Commonwealth Realms, and though laws governing the line of succession to the Australian throne lie within the control of the Australian Parliament, Australia cannot change the rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship. This situation applies symmetrically in all the other Realms, including the UK.
[6]
Effective with the
Australia Act 1986, the British government could no longer advise the Monarch on any matters pertinent to Australia. Thus, on all matters of the Australian State, the Monarch is advised solely by Australian federal and state
ministers.
Title
In Australia, the Queen's official title is: ''Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories,
Head of the Commonwealth''.
This style communicates Australia's status as an independent monarchy, highlighting the Monarch's role specifically as Queen of Australia, as well as the shared aspect of the Crown throughout the Realms, by mentioning Australia separately from the other Commonwealth realms. Typically, the Sovereign is styled "Queen of Australia", and is addressed as such when in Australia, or performing duties on behalf of Australia abroad.
When a new ''
Royal Style and Titles Act'' was passed at the beginning of Queen Elizabeth's reign, it explicitly identified the Queen's role in the United Kingdom and her role in Australia separately, with her role as Queen of the United Kingdom listed before her role as Queen of Australia. This format was consistent with the form of the Queen's titles in the other Realms, as had been agreed upon by all the Realm governments in 1953.
Her title in 1953 was: ''Elizabeth the Second, by the Grace of God of the
United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.''
When the
Parliament of Australia passed the ''Royal Style and Titles Act (1973)'', this act repealed sections of the ''Royal Style and Titles Act (1953),'' and her Australian style and titles became: ''Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.''
It should be noted that the title "
Defender of the Faith" was deleted by this Act from the Queen's Australian style and titles. In the
United Kingdom the
Church of England is a state church, and the Queen is its
Supreme Governor. Australia has no state church, and neither the Queen nor the Governor-General have any official connection with any church in Australia.
Unlike in the United Kingdom, in Australia the Sovereign is the only member of the Royal Family who has a title established through Australian law. Though it would be possible for other members of the Royal Family to be granted distinctly Australian titles (as is the case for the
Duke of Rothesay in
Scotland), they are only accorded the use of a
courtesy title, which is the title they have been granted via
Letters Patent in 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 any 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, ceremonial occasions, etc.
Succession
The
heir apparent is Elizabeth II's eldest son,
Charles. The
Federal Executive Council is expected to proclaim him King of Australia upon his accession to the Throne upon the
demise of the Crown.
Succession to the throne is by
male-preference primogeniture, and governed by the provisions of the
''Act of Settlement'', as well as the
English ''Bill of Rights''. This legislation restricts the succession to the natural (i.e. non-
adopted), legitimate descendants of
Sophia, Electress of Hanover (1630–1714), a granddaughter of
James I, and lays out the rules 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. As Australia does not have any local laws specifically governing succession to the throne, see
Succession to the British Throne for more information.
Upon a "demise in the Crown" (the death of a Sovereign) his or her 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!") After an appropriate period of mourning has passed, the Sovereign is also
crowned in
Westminster Abbey, normally by the
Archbishop of Canterbury. A coronation is not necessary for a Sovereign to rule; for example,
Edward VIII was never crowned, yet was undoubtedly king during his short reign.
After an individual ascends the Throne, he or she continues to reign until death. Monarchs are not allowed to unilaterally abdicate; the only Australian monarch to abdicate,
Edward VIII, did so with the authorization of a special Act of British Parliament, ''
His Majesty's Declaration of Abdication Act, 1936'', which was agreed to by the Australian government and, by Australian constitutional law, applied equally in Australia,
[7] though, by the ''Statute of Westminster'', the UK required the permission of Australia to alter the line of succession.
Constitutional role
to the right, in the
Australian Senate.]]
Australia's constitution is made up of a variety of statutes and conventions that are either British or Australian in origin, which gives Australia a similar parliamentary system of government as the other Commonwealth Realms. All powers of state are constitutionally reposed in the Monarch, who is represented at the federal level by the
Governor-General of Australia — appointed by the Monarch upon the advice of the
Prime Minister of Australia — and at the state level by
Governors — appointed by the Monarch upon the advice of the relevant state premier. Most of the Queen's domestic duties are performed by these
vice-regal representatives. As all executive authority is vested in the Sovereign, the institutions of government are said to act under her authority; hence, between the passage of the ''Statute of Westminster'' in 1931 to the mid-1970s the government was referred to as "Her Majesty's Government in Australia." Since then, however, though the constitutional arrangements have not changed, the government is more often addressed as "The
Government of Australia."
Constitutional duties
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.
9
The vast powers that belong to the Crown are collectively known as the
Royal Prerogative, which includes many powers such as the ability to make treaties or send
ambassadors, as well as certain duties such as to defend the realm and to maintain the
Queen's peace. Parliamentary approval is not required for the exercise of the Royal Prerogative; moreover, the Consent of the Crown must be obtained before either House may even debate a bill affecting the Sovereign's prerogatives or interests. It is important to note that the Royal Prerogative belongs to the Crown, and not to any of the ministers, though it may sometimes appear that way.
9 Although the Royal Prerogative is extensive, it is not unlimited. For example, the Monarch does not have the prerogative to impose and collect new taxes; such an action requires the authorization of an
Act of Parliament.
The Crown is responsible for appointing a Prime Minister. In accordance with unwritten constitutional conventions, the Monarch or Governor-General must appoint the individual most likely to maintain the support of the House of Representatives: usually, the leader of the party which has a majority in that House. If no party has a majority, two or more groups may form a coalition, whose agreed leader is then appointed Prime Minister. In a Parliament in which no party or coalition holds a majority, the Crown is required by convention to appoint the individual most likely to command the support of the
House of Representatives, usually, but not necessarily, the leader of the largest party. The Queen is informed by the Governor-General of the acceptance of the resignation of a prime minister and the swearing-in of a new prime minister and members of the Ministry.
It is a duty of the Crown to also appointment and dismiss ministers, members of various executive agencies, other officials. The Queen alone may appoint governors-general. The appointment of members of the
Federal Executive Council and
Supreme Court justices, also falls under the Royal Prerogative, though these duties are specifically assigned to the Governor-General by the ''
Commonwealth of Australia Constitution Act''. These appointees hold office "
during the pleasure of the Governor General", and are known as the Queen's Ministers of State for the Commonwealth.
8 Effectively, however, the appointees are chosen by the Prime Minister, or, for less important offices, by other ministers. By the ''Australia Act, 1986'', the Queen has the power to appoint
Governors, though the appointees are chosen by the relevant state premier. Either the Queen or the Governors are also specifically delegated to appoint under the Great Seal of the State, similar executive bodies. The state governors also may appoint a senator to a vacant seat if the Senate is not in session.
8
In addition, it is the Crown's prerogative to declare war, make peace, and direct the actions of the military, although the Prime Minister holds ''de facto'' decision-making power over the armed forces. The Royal Prerogative also extends to foreign affairs: the Sovereign or Governor-General may negotiate and ratify treaties, alliances, and international agreements; 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 Commissioners and ambassadors, and receives diplomats from foreign states. In addition, all Australian
passports are issued in the Monarch's name. In Australia major
public inquiries are called
Royal Commissions, and are created by the
Cabinet on behalf of the Monarch through a
Royal Warrant.
The Sovereign is one of the three components of
Parliament; the others are the
Senate and the
House of Representatives. The ''Commonwealth of Australia Constitution Act'' also outlines that the Governor-General alone is responsible for summoning and proroguing Parliament.
[8] The new parliamentary session is marked by the
State Opening of Parliament, during which either the Sovereign or the Governor-General reads the
Speech from the Throne in the Senate Chamber, outlining the Government's legislative agenda. Prorogation usually occurs about one year after a session begins, and formally concludes the session. Dissolution, the timing of which is affected by a variety of factors, ends a parliamentary term (which lasts a maximum of three years), and is followed by general elections for all seats in the House of Representatives. The Governor-General may theoretically refuse a dissolution.
There are also a few duties which must be specifically performed by, or bills that require assent by the
Queen. These include: signing the appointment papers of Governors-General, the confirmation of awards of
Australian honours, and approving any change in her Australian title.
Because the Australian Monarchy is a constitutional one, the powers that are constitutionally the Monarch's are exercised almost wholly upon the advice of his or her
Prime Minister and the
Ministers of the Crown in
Cabinet, who are, in turn, accountable to the democratically elected House of Representatives, and through it, to the people. It has been said that, ever since the 1714 death of the last monarch to head the British cabinet,
Queen Anne, the monarch "reigns" but does not "rule." Since the Australian continent did not become a British possession until many years after Anne's death, this tradition has always applied in Australia. This means that the Monarch's role, and thereby the Vice-regent's role, is almost entirely symbolic and cultural, acting as a symbol of the legal authority under which all governments and agencies operate.
In exceptional circumstances, however, the Governor-General may act without such advice based upon his
reserve powers[9] – as when Governor-General Sir
John Kerr dismissed Prime Minister
Gough Whitlam due to a stalemate over government funding between the House of Representatives and the Senate.
States
Across the country the Australian Crown is unitary. Under this system the
headship of state is not a part of either the federal or state jurisdictions. The Queen reigns impartially over the country as a whole; meaning the
sovereignty of the States is passed on not by the Governor-General or the
Australian Parliament, but through the Crown itself. This means that the Crown is "divided" into seven legal jurisdictions; into seven "crowns" - one federal and six state. From Federation onward, the Queen's presence was explicitly maintained in the Australian State parliaments, which thus affirmed the concept of the divisibility of the Crown; it was recognized the Crown formed a part of the constitutions of the States; after Federation the state governments had direct access to the
British Government, unlike the
Canadian provinces who had to go via the
Canadian governor general.
[10] Still, the powerful upper houses in most Australian State parliaments, a feature which either did not exist or declined very rapidly in
Canada, thwarted the State executives from achieving the same relationship with the Federal Government that the Canadian provinces eventually achieved with
Ottawa.
[11]
A
Governor serves as the Queen's representative in each State, carrying out all the Monarch's constitutional and ceremonial duties of state on her behalf. The
Administrator of Australia's
Northern Territory, is appointed by the Governor-General-in-Council on the recommendation of the
Chief Minister of the Northern Territory. The Administrator of the Northern Territory is the representative of the sovereign and is advised by the Chief Minister. The Australian Capital Territory does not have an administrator.
Prior to Federation proposals were raised as to how to select the Governors, ranging from appointment by the State parliaments or even direct election by the populace, and that they should be residents of the State as opposed to British; it was agreed that the governors should not be subordinate to the Governor General. It was decided in 1901 that the British Government would retain control over the recommendations to the Queen for appointments to the Australian State governorships. Eventually the
British Secretary of State came to take the nomination of the relevant State Premier to the Sovereign, however he was not bound to take the advice, and the eventual appointment was made by the Monarch as
Sovereign of the United Kingdom and not Sovereign of Australia. This situation persisted after 1931 as the states themselves did not adopt the ''
Statute of Westminster'' as a protectionist measure against the
Commonwealth Government. A number of examples over the decades revealed that premiers and judges alike were not aware of the actual legal formula remaining in place from 1901 – the case of
Governor of Queensland Sir Colin Hannah, for example.
10
The government of
Prime Minister Gough Whitlam made a concerted effort to alter constitutional arrangements so as to make the States subordinate entities to the federal Commonwealth Parliament, which included altering the lines of communication between the States and the Queen and ending appeals by the States to the
Imperial Privy Council; Whitlam mistakenly believed the British Government had no role what-so-ever in the appointment of State Governors. Not understanding the difference between the Queen of the United Kingdom and the Queen of Australia, Whitlam's requests that the States work with
Westminster through the
Governor-General were called "constitutionally improper" by the government in London. The States became very wary of statements from Canberra such as "the appointment of State Governors was a subject on which the Commonwealth was entitled to tender advice to the Queen, and that the future channel of communication between the States and the Queen should be the Governor-General."
[12]
A solution was reached in 1986 with the passage of the ''
Australia Act'' in both the United Kingdom and Australia; the Queen proclaimed the commencement of the Act on
March 3,
1986, while in Canberra. These Acts severed the links between the Australian States and the government of the United Kingdom, affirmed that the State Governors were the representative of the Queen in their respective State, and asserted that – save the ability to appoint or remove a governor, and the Queen's powers when she is physically present in the State – all powers and functions of the Queen were to be exercisable by the Governor.
10
Legal role
All laws in Australia are enacted with the sovereign's, or the vice-regal's signature, except in the
Australian Capital Territory (ACT) Legislative Assembly; the
ACT and
Northern Territory legislatures are subject to the oversight of the Australian Parliament. Thus, prior to 1990, all bills began with the phrase "BE IT ENACTED by the Queen [King], and the Senate and the House of Representatives of the Commonwealth of Australia, as follows." However, following 1990, the enacting clause was altered to read: "The Parliament of Australia enacts". The granting of a signature to a bill is known as
Royal Assent; it and proclamation are required for all acts of Parliament and of the state legislatures, usually granted or withheld by the Governor-General or Governor, with the Great Seal of Australia, or the appropriate state seal. The Vice-regals may reserve a bill for the Monarch's pleasure, that is to say, allow the Monarch to make a personal decision on the bill. The Monarch has the power to disallow a bill within one year of receiving the bill from the Governor-General.
8
Territorial legislatures, unlike their state counterparts, are subject to the oversight of the Government of Australia.
The Sovereign is deemed the "fount of justice", and is responsible for rendering justice for all subjects. The Sovereign does not personally rule in judicial cases; instead, judicial functions are performed in his or her name. 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 Sovereign, and by extension the Governor-General, also exercises the "prerogative of mercy", and may pardon offences against the Crown. Pardons may be awarded before, during, or after a trial.
In Australia the legal personality of the
State is referred to as "Her Majesty the Queen in Right of Australia", and likewise for the states and territories (i.e., "in Right of Queensland", etc.). For example, if a lawsuit is filed against the federal government, the respondent is formally described as Her Majesty the Queen in Right of Australia. A case in which a party sues both a state and the federal government, the respondents would formally be called ''Her Majesty the Queen in Right of Tasmania and Her Majesty the Queen in Right of Australia''. In this capacity, all
Crown copyright is held by the Queen, either in Right of Australia or a relevant state.
In addition, the Monarch also serves as a symbol of the legitimacy of Courts of Justice, and of their judicial authority. An image of the Queen or the
Arms of Her Majesty in Right of Australia is always displayed in Australian federal courtrooms. In
New South Wales (NSW), as a result of the passage of the ''State Arms, Symbols and Emblems Act, 2004'', NSW courts have been progressively replacing the
Queen's British Royal Arms with the
Queen's New South Wales Royal Arms.
Itinerant judges will display an image of the Queen and the Australian flag when holding a session away from established courtrooms. Such situations occur in parts of Australia where the stakeholders in a given court case are too isolated geographically to be able to travel for regular proceedings.
The oath of allegiance, is required by law to be sworn by new members parliamentarians; it is an oath to the Monarch as Sovereign of Australia, and to his/her heirs and successors according to law.
8 Since 1994, new Australian citizens have taken a pledge of allegiance to Australia and its values only.
:''See also:
Australian Nationality Law,
The Crown''
Cultural role
Representation of the State
At one time the Monarchy was considered a purely British institution, when most Australians still continued to be both legally, and by personal view, British subjects. However, paralleling the changes in constitutional law, and the evolution of Australian nationalism, the cultural role of the Monarchy in Australia altered.
The federal and state governments now recognize and promote the Queen's role as Monarch of Australia as separate to her position as Monarch of the United Kingdom. Today the Sovereign is regarded as the personification of the Australian
state. From time to time the Sovereign or another member of the Royal Family will also represent Australia abroad. On these occasions they are acting as Sovereign of Australia and members of the Australian Royal Family.
Two types of duties are regularly carried out in relation to Australia: Official duties involve the Sovereign representing the State at home or abroad, or other members representing the Sovereign in Australia or elsewhere. For example, the Queen,
Prince Charles, and
Princess Anne have participated in Australian ceremonies for the anniversary of D-Day in France, most recently in 2004. Unofficial duties are performed by Royal Family members on behalf of Australian organizations, 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 Head of State (see, for example,
List of Commonwealth visits made by Queen Elizabeth II). 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
Despite the removal or replacement of certain monarchical symbols as national symbols through the 1990s, the Crown remains a visible part of the everyday lives of Australians. What were formerly purely British symbols became symbols of the Monarch, or loyalty thereto.
The Monarchy is presently symbolized through images of the Sovereign on currency and in portraits in public buildings; in songs, toasts and salutes; on
Australian decorations and honours; on
some state Coats of Arms; and some postage stamps. Crowns are also visible on police forces badges, military badges, and some state
coats of arms. Certain key days are also reserved to celebrate the monarchy, notably the
Queen's Birthday, on which day the "Queen's Birthday Honours List" is issued, outlining newly inducted members of the
Order of Australia. Another royal event in Australia is the
Royal Christmas Message, broadcast to the
Commonwealth of Nations since 1932.
''
God Save the Queen'' remains the
Royal Anthem, while ''Advance Australia Fair'' has been adopted as the
National Anthem, both by proclamation of Governor-General Sir
Ninian Stephen, on
19 April 1984.
[13] The Vice-Regal Salute, played only for the Governor-General and each Governor, is the first four and last four bars of ''Advance Australia Fair''.
There are also hundreds of places named for Australian monarchs and members of the Royal Family all across Australia. No individual has been more honoured than Queen Victoria in the names of Australia's public buildings, streets, populated places and physical features.
Religious role
Neither the Queen, the Governor-General, nor any
Governor has any religious role in Australia. There have been no
established churches in Australia since before
federation in 1901. This is one of the key differences from the Queen's role in the United Kingdom where she is
Supreme Governor of the Church of England.
Royal presence
Members of the Royal Family have been present in Australia since the mid 1800s, either on military maneuvers, for official tours, or as governors; various members of the Royal Family have served as the vice-regal representative of the British, and later Australian monarch. Though all of the Royal Family currently lives outside of the country, members are still regular visitors, enough so that on occasion
royal visits to Australia are also referred to by monarchists as "Royal Homecomings." These events are often marked with a variety of ceremonies, the granting of honours and general celebrations, even though these events are not always official holidays.
The Queen regularly undertakes tours of Australia to celebrate Australian culture, milestone anniversaries, military remembrances, and the like. Other Royals will perform the same tasks in the Queen's place, from time to time, usually on a less grand scale or for events of a lesser importance. These tours are at the invitation of, organised, and paid for by the
Australian government, state government, or a combination of both; hence, they are called "official tours" or "official visits."
[14]
History
Since the establishment of the colony of
New South Wales at
Sydney Cove, Australia has been the territory of a monarchy or a monarchy in its own right. Kings and queens reigning over Australia have included
those of the UK (from
George III of the United Kingdom in 1788 to
King George VI in 1952), to
Queen Elizabeth II as Queen of Australia today.
Following
federation in
1901, the gradual "Australianisation" of the Crown began.
The
National Carillon in
Canberra was dedicated by Queen
Elizabeth II on
25 April 1970. The
Swan Bells in
Perth, Western Australia include the twelve bells of
Saint Martin-in-the-Fields that were cast between 1725 and 1770 by three generations of the Rudhall family of bell founders from Gloucester, under the order of the
Prince of Wales, later crowned as King
George II. Donated to Perth in 1988, they are known to have pealed as the explorer
James Cook set sail on the voyage that founded Australia, and are the only sets of royal bells to have left England.
A change to the constitution affecting the position of the monarch or the monarch's representatives in Australia, has always required approval in a
referendum of the proposed amendment by a majority of electors nationwide and a majority in a majority of the states, ordinarily after first being approved by a majority in both houses of parliament.
Debate on the monarchy
Australia's status as a constitutional monarchy has been debated since Federation in 1901. However, it was not until the 1970s when some Australian politicians seriously began to reconsider Australia's constitutional framework, though at that time the Australian public, overall, showed little support for, or even concern about, constitutional change. At this point there was a downplaying of the monarchy in Australia, with references to the monarch and the monarchy being slowly removed from the public eye (e.g., the Queen's portrait from public buildings and schools, and the Royal Mail became a crown corporation,
Australia Post).
In 1991 the
Australian Labor Party was the first national party to make an Australian republic a part of their platform. Prime Minister Hawke did not pursue the matter. His successor in office
Paul Keating formed the
Republic Advisory Committee to investigate the potential issues which would need to be overcome for Australia to become a republic. In 1993 references to the Queen were removed from the
Oath of Citizenship taken by new Australian citizens, to be replaced by a pledge to the country and people, "whose democratic beliefs I share and whose laws I shall obey." The State of
Queensland removed all reference to the Monarchy from its legislation, barristers in
New South Wales were no longer to be appointed to
Queen's Counsel, Australian organisations could no longer apply for
Royal Charters, and in 2004 the New South Wales government passed legislation forcing the removal of all depictions of the British Royal Arms from the exterior and interior of government buildings. Some monarchists call these moves republicanism by stealth, and argue that the process of downplaying the monarchy has led to widespread misunderstandings about the institution and how Australia is governed.
In 1999 Australia held a two-question
referendum. The first question asked whether Australia should become a republic with a President appointed by Parliament, a bi-partisan appointment model which had previously been decided at a Constitutional Convention in February 1998. The second question, generally deemed to be far less important politically, asked whether Australia should alter the constitution to insert a preamble. Neither of the amendments passed, with the 'no' side receiving 54.4% of the vote.
Depending on the question asked, opinion polls have shown Australians have mixed feelings towards the monarchy. Some polls show a majority of Australians support the creation of a republic, while others show a majority favour retaining the current system. Generally, however, in recent years the prevailing mood towards the monarchy suggested by most polls is one of indifference or apathy.
Post referendum
Four months after the referendum on an Australian republic, the Queen returned to Australia in 2000. In
Sydney, in a speech at the Conference Centre in
Darling Harbour, she stated her belief in the democratic rights of Australians on all issues including that of the Monarchy:
:"My family and I would, of course, have retained our deep affection for Australia and Australians everywhere, whatever the outcome. For some while it has been clear that many Australians have wanted constitutional change ... You can understand, therefore, that it was with the closest interest that I followed the debate leading up to the referendum held last year on the proposal to amend the Constitution. I have always made it clear that the future of the Monarchy in Australia is an issue for you, the Australian people, and you alone to decide by democratic and constitutional means. It should not be otherwise. As I said at the time, I respect and accept the outcome of the referendum. In the light of the result last November I shall continue faithfully to serve as Queen of Australia under the Constitution to the very best of my ability, as I have tried to do for the last 48 years."
[15]
Little controversy followed her during that visit, or one later in 2002 to celebrate her
Golden Jubilee as Queen of Australia. It was reported that generally Australians greeted her with respect, though due to the ease of the television age, in diminished numbers compared to earlier visits.
In March, 2006 organisers of the
2006 Commonwealth Games in
Melbourne came under fire when it was announced that they would not play ''
God Save the Queen'' at the ceremonies where the Queen was to open the Games. Despite the fact that the song is officially the Australian Royal Anthem, to be played whenever the Sovereign is present, the Games organisers refused to play it.
[16] After repeated calls from Prime Minister
John Howard, organisers agreed to play eight bars of the Royal Anthem at the opening ceremony. However, there remained speculation that the opening of the Games could be "thrown into chaos" should thousands of Australians continue to sing ''God Save the Queen'' after the eight bars were complete, drowning out singer Dame
Kiri Te Kanawa and the
Melbourne Symphony Orchestra.
[17] In the end, with the crowd singing along,
[18] Dame Kiri sang ''Happy Birthday'' to the Queen, the rendition of which then turned into an abbreviated ''God Save the Queen'', and at which point the majority of attendees at the stadium stood.
[19][20]
A poll taken in early 2007 showed support for a change to republic at its lowest level since the early 1990s
[21].
Monarchs of Australia
A list of monarchs of Australia:
Residences
Yarralumla is the Monarch's principal Australian residence, occupied by the Governor-General.
The Sovereign's primary official residence is
Yarralumla, officially known as Government House, in the city of
Canberra. Government House is the site of most state banquets, investitures, swearing-in of ministers, and other ceremonies. Moreover, visiting heads of state usually reside at Yarralumla. Another principal residence is
Admiralty House, in
Sydney, and is used principally as retreat for the Governor-General. The states of
Victoria,
Western Australia,
Queensland,
Tasmania, and
South Australia also maintain residences, used primarily by the respective Governor, though the Monarch or other members of the Royal Family will reside there when in the state.
The aforementioned residences belong to the Crown; they are held in trust for future rulers, and cannot be sold by the Monarch.
The Crown and the Australian Defence Force
Royal Australian Air Force Badge
The Crown retains a prominent but entirely symbolic place in the
Australian Defence Force, which consists of the
Australian Army,
Royal Australian Air Force, and
Royal Australian Navy.
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."
8 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.
[22]
The Sovereign's nominal position and role in the military is reflected by Australian
naval vessels bearing the prefix Her Majesty's Australian Ship (HMAS) (His Majesty's Australian Ship during the reign of a king), many regiments and corps in the army being "royal regiments", and all members of the armed forces must swear allegiance to the Queen and her heirs and successors (except Naval Officers, whose allegiance due to Royal Navy custom is not questioned).
Members of the Royal Family have presided over many 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. Elizabeth II acted in her capacity as Queen of Australia abroad in 2003 when she dedicated the Australian War Memorial in
Hyde Park,
London.
Members of the Royal Family are
Colonels-in-Chief of many 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 [His Royal Highness 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. He holds these positions as distinct from similar positions held in the United Kingdom, New Zealand and Canada. The offices are not honorary, but neither are they within the normal command structure of the ADF.
The Prince of Wales has indicated that when he takes the throne, he does not wish to hold these three offices.
See also
Other realms
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Monarchy in Antigua and Barbuda
★
Monarchy in Canada
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Monarchy in the Cook Islands
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Monarchy in the United Kingdom
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Monarchy in New Zealand
★
Monarchy in Jamaica
Australia
★
Australian Constitution
★
Australian republicanism
★
Australian Monarchist League
★
Australians for Constitutional Monarchy
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Australian Republican Movement
Other
★
Commonwealth realm
★
Prime Ministers of Queen Elizabeth II
★
List of Commonwealth visits made by Queen Elizabeth II
Footnotes
1. Zines, ''The High Court and the Constitution'', 4th ed. (1997) at 314: "The Queen as monarch of the United Kingdom, Canada, Australia and New Zealand is in a position resembling that of the King of Scotland and of England between 1603 and 1707 when two independent countries had a common sovereign"; the relationship between England and Scotland during those years is described as a personal union.
2. The Status of the British Commonwealth in International Law, P. E. Corbett, , , The University of Toronto Law Journal,
3. The End of Dominion Status, F. R. Scott, , , The American Journal of International Law,
4. [http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999] HCA 30; 23 June 1999; S179/1998 and B49/1998]
5. The English Court of Appeal ruled in 1982, while "there is only one person who is the Sovereign within the British Commonwealth... in matters of law and government the Queen of the United Kingdom, for example, is entirely independent and distinct from the Queen of Canada." [http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html R v Foreign Secretary; Ex parte Indian Association, QB 892 at 928; as referenced in High Court of Australia: Sue v Hill [1999] HCA 30; 23 June 1999; S179/1998 and B49/1998]
6. Justice Rouleau in a 2003 court ruling wrote that "Union under the... Crown together with other Commonwealth countries [is a] constitutional principle." O’Donohue v. Canada, 2003 CanLII 41404 (ON S.C.)
7. Dr. Toporoski, Richard; ''The Invisible Crown''; "It is my opinion that the domestic constitutional law of Australia or Papua New Guinea, for example, would provide for the succession in those countries of the same person who became Sovereign of the United Kingdom."
8. of Australia Constitution Act; An Act to constitute the Commonwealth of Austrlaia; July 9, 1900
9. Cox, Noel; ''Murdoch University Electronic Journal of Law'': Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence; Volume 9, Number 3 (September 2002)
10. Smith, David; ''Canadian Monarchist News'': The Chameleon Crown: The Queen and Her Australian Governors; Summer, 2007
11. Toporoski, Richard; ''Monarchy Canada'': The Invisible Crown; Summer, 1998
12. Twomey, Anne; ''The Chameleon Crown''; The Federation Press; Sydney, 2006
13. ''Commonwealth of Australia Gazette''; No. S 142; 19 April 1984
14. Buckingham Palace: Guidelines and Procedures for the Acceptance, Classification, Retention and Disposal of Gifts to Members of the Royal Family
15. ABC News: ''Queen keen to stay head of state''; 20 March 2000
16. ''Herald Sun'': Queen's anthem snubbed
17. Tinkler, Chris; ''Herald Sun'': Rebels urged to sing royal anthem; 5 March 2006
18. Yahoo News: ''Melbourne welcomes Commonwealth Games with lavish opening ceremony''
19. Flint, David; ''Australians for Constitutional Monarchy'': 80,000 stand and sing God Save The Queen; 16 March 2006
20. Collins, Gerry; ABC News: ''Diary Three: The Games begin''
21. Steketee, Mike; ''The Australian'': Republican cause needs King Charles; 27 January 2007
22. Raspal Khosa (2004). ''Australian Defence Almanac 2004-05.'' Australian Strategic Policy Institute, Canberra. Page 4.
References
# National Archives of Australia: King George VI (1936–52)
#National Museum of Australia: Royal Romance
# National Archives of Australia: Royal Visit 1954
# National Archives of Australia: Royal Visit 1963
# National Archives of Australia: Prince Charles
# Australian Government: Royal Visits to Australia
# National Archives of Australia: Royalty and Australian Society
# Yahoo News: Prince Edward to visit Vic fire victims
# ABC News: Royal couple set for busy Aust schedule
# Queen, Howard honour war dead
# World leaders hail D-Day veterans
External links
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Governor-General of Australia
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Australians for Constiutional Monarchy
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The Australian Republican Movement
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The Australian Monarchist League
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