Communique

The States and the Republic

Outline

Theme 1: The Republic, the States and the Nation

Theme 2: The Republic and State Governors

Convention Transcripts

The Queensland Constitutional Convention was held in Gladstone on 16-18 June 1999. The Convention was organised by the Queensland Government in association with the Constitutional Centenary Foundation to consider constitutional issues raised for the States by the November referendum on a republic. More than 100 Australians took part, who were invited so as to represent a diverse range of experience, interests and views from within Queensland and other parts of the country.

The Convention was held to commemorate the passing of the 1899 referendum in Queensland which gave approval to the draft Constitution and enabled federation to be achieved. Gladstone is a significant venue, for it was here that the Australasian Federation League and the Australian Natives Association were active in supporting the idea of federation during the 1890’s.

The Governor of Queensland, His Excellency Major General Peter Arnison AO officially opened the Convention on Thursday 17 June 1999. The Premier of Queensland, the Hon. Peter Beattie MLA, presented the opening address. The Convention was chaired by the Chief Justice of Queensland the Honourable Paul de Jersey. The Chairman of the Constitutional Centenary Foundation, Mr Donald McDonald AO introduced the speakers at the opening session.

The Convention participants were welcomed to Gladstone by indigenous representatives Maureen Eggmolesse (Bailai People) and Nylang Johnson (Gurang Gurang People), and Ben Hawkins, the 1998 Queensland Lions Youth of the Year and 1999 Gladstone Youth of the Year.

Other speakers to the Convention included the Hon Matt Foley MLA, Attorney-General and Minister for Justice and Minister for The Arts (Qld), Mr Gary Fenlon MLA, (Qld), the Hon. Steve Hatton MLA (NT), Mr Brad Selway, Solicitor-General (SA), Ms Evelyn Scott (Chair, Council for Aboriginal Reconciliation), Dr David Watson MLA (Qld), Ms Anne Twomey, Cabinet Office (NSW), and Professor Patrick Weller, Director, Centre for Australian Public Sector Management, Griffith University (Qld). Professor Geoffrey Bolton presented the address at the Convention Dinner.

In November 1999, Australians will vote in a referendum to decide whether to break the ties with the Crown at the Commonwealth level of government and, in that sense, to become a republic.

Australia is a federation. The Queen is Head of State of each of the States as well, although she is represented for all practical purposes by a Governor, appointed by the Queen on the advice of the State Premier. Each State has its own Constitution, which reflects this arrangement in one way or another.

It follows that, if the links with the Crown are to be broken for the States, as well as for the Commonwealth, each State must take the necessary action to achieve this, and must decide for itself what arrangement to put in place of a Governor appointed by the Queen.

The purpose of the Queensland Constitutional Convention was to consider the options for the States if the Commonwealth referendum on a republic were passed. The Convention also considered the processes that the States might follow to make these decisions and some other questions concerning State Constitutions. These included the procedures for amendment of State Constitutions, review of State Constitutions and the preamble to any new or revised State Constitution.

The conclusions of the Convention are intended to provide practical assistance to States and their citizens and to encourage public debate about the issues involved. The Communique and the Convention background papers will be sent to all Australian political leaders.

The following resolutions attracted broad support from the Convention:

Theme 1: The Republic, the States and the Nation

1.1 If Australia were to decide to become a republic, what are the options for individual States?

1. If Australia were to decide to become a republic, an individual State could retain its links with the Crown.
2. If Australia were to decide to become a republic, then in the interests of national unity and subject to particular state constitutional requirements being satisfied, each State should seek to adopt for itself a republican model.

1.2 What process should be followed to deal with the republic at the State level?

3. Whatever method a State uses, the process should;

• be developed and adopted expeditiously;
• ensure that the people of the State own the decision;
• follow programs of public education;
• enhance national unity; and
• recognise the development of a national declaration for reconciliation.

1.3 In general, how should State Constitutions be changed?

4. Compliance with special procedures beyond a simple majority vote of the parliament should be required to change certain parts of State constitutions.
   
   
5. An entrenched provision may only be introduced into a State Constitution by following the same procedure as it provides for its amendment or repeal.
   
   
6. Parts of State Constitutions that may need entrenchment could include:

• a democratically elected Parliament;
• judicial independence;
• an executive that is responsible to the Parliament;
• rights of the citizen; and
• a system of local government.

1.4 Should State Constitutions have preambles? If so, what should be in them?

7. Each State should desirably consolidate and update its Constitution and include a preamble.
8. There is a need to achieve a broad consensus on shared values to be included in the preamble through real and genuinely wide consultation with the people.
9. The preamble should be:

• concise;
• inspirational; and
• aspirational.

10. It should acknowledge:

• the past;
• the custodianship of indigenous peoples; and
• equality before the law.

11. It should give a sense of what sort of society we want to be.

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2.1 What should be the role of State Governors?

12. Each State should retain a separate office of "Governor" in the event that it becomes a republic.

13. The Governor in a republic should be a unifying symbol of the State who:

• has a constitutional role in the State;
• performs ceremonial and community functions and activities;
• acts as a representative of the State; and
• is, and is perceived to be, above party politics.

2.2 What powers should a State Governor have? Which of these should be able to be exercised on the discretion of the Governor alone?

14. The Governor should:

• have defined constitutional powers;
• act on the advice of the government, but
• exercise conventional reserve powers in extreme circumstances, following such consultation as the Governor considers appropriate, with those reserve powers preferably being prescribed.

2.3 How should State Governors be appointed and removed under a republic?

15. State Governors should be appointed rather than popularly elected.
16. There should be an appropriately balanced nomination committee established by the Premier which receives public nominations for Governor and reports to the Premier on appropriate candidates.
17. The Governor should be chosen by the Premier, with the agreement of the Leader of the Opposition, after taking into account the report of the nominations committee.
18. The Governor shall be:

• a citizen of Australia; and
• qualified to vote in Commonwealth elections.

19. The initial term of the Governor should be a maximum of 5 years, which may be extended for no more than a further five years.
20. The method for removal of the Governor should mirror that for the removal of a President, with appropriate provision for an acting Governor.

2.4 Should State Governors continue to play a role under the Commonwealth Constitution?

21. The Commonwealth Constitution assigns functions to State Governors in relation to the election and appointment of Senators. It is recognised that these functions do not involve the exercise of the reserve powers and could be fulfilled by other mechanisms or by other office-holders.
22. The Governor should continue to exercise constitutional functions in relation to Senate casual vacancies. It is noted that the election of the Senate could proceed without a formal role for the Governor and this could be a self-executing function.
23. It is appropriate for Governors to fill the role of Acting President.
24. A Governor acting as President must satisfy the qualifications for appointment as President, including the taking of the oath of office.
25. It is not appropriate for a Governor of a State that remains a monarchy to act as President.
26. Each State should decide its own arrangements as to the position of acting State Governor while the Governor is acting as President.

For Convention Communiqué and background papers see: www.centenary.org.au or www.premiers.qld.gov.au/constitution/constitution.htm

For further information, contact:

Ms Marian Schoen
Executive Director
Constitutional Centenary Foundation
Level 2-723 Swanston Street, Carlton VICTORIA 3053
Tel: (03) 9349 1846 Fax: (03) 9349 1779 Email: ccf2001@ibm.net

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