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Democracy's hidden wiring

By J R Nethercote - posted Wednesday, 10 July 2013


In Ottawa, the Clerk of the Privy Council has claimed a role as adviser to the governor-general on constitutional questions. As the Clerk is also the Cabinet Secretary it is not a necessarily satisfactory arrangement.

This is not the first time support for the governor-general on prerogative matters has arisen. A clear lesson from recent disclosures of Sir John Kerr's predicament during the 1975 crisis was the need for a governor-general to have informed and expert assistance when routine structures of advice from ministers may not be available nor appropriate.

That expertise would embrace matters of law but would also include parliamentary, governmental and administrative practice, what Hasluck usefully characterises as "the customary usages of Australian government."

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Though the events of 26-27 June were handled deftly, there is clearly a vacuum in the vice-regal institution which ought to be addressed.

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This article was first published in the Canberra Times.



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About the Author

J R Nethercote, visiting research fellow, ACU Public Policy Institute, was on the staff of the Royal Commission on Australian Government Administration.

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All articles by J R Nethercote

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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