Page:Kline v Official Secretary to the Governor General.pdf/9

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5.

not concerned with any of the many powers or functions of the Governor-General which involve acting on the advice of the Executive Council[1]. Whilst it is accurate to describe the role of the Governor-General as having evolved since Federation[2], Governors-General have exercised a range of constitutional[3], statutory, ceremonial and community responsibilities. The Governor-General's role in respect of the Order reflects ceremonial and community responsibilities, as well as the Governor-General's constitutional position as the representative of the Sovereign in Australia.

12 Sections 6 to 19 of the Governor-General Act 1974 (Cth) make provision for the office and functions of the Official Secretary. Relevantly, s 6 provides:

"(1) There shall be an Official Secretary, who shall be appointed by the Governor-General.

(2) The Official Secretary, together with the staff employed under section 13, constitute the Office of Official Secretary to the Governor-General.

(3) The function of the Office is to assist the Governor-General."

13 Section 13 provides that the Official Secretary may employ a person as "a member of the Governor-General's staff." Section 6A(2) of the FOI Act provides that a document in the possession of a person so employed, by reason of that person's employment, is taken to be in the possession of the Official Secretary for the purposes of the FOI Act. The Official Secretary determines the remuneration of staff[4] and may terminate the employment of a member of

    French CJ, 747 [123] per Gummow and Bell JJ, 828 [582] per Kiefel J; 288 ALR 410 at 417–418, 450, 559; [2012] HCA 23.

  1. ↑ As to which see R v Toohey; Ex parte Northern Land Council (1981) 151 CLR 170 at 219 per Mason J; [1981] HCA 74; see also FAI Insurances Ltd v Winneke (1982) 151 CLR 342; [1982] HCA 26.
  2. ↑ Winterton, "The Evolving Role of the Australian Governor-General", in Groves (ed), Law and Government in Australia, (2005) 44; Boyce, The Queen's Other Realms, (2008) at 119–121 and 124–138.
  3. ↑ Constitution, ss 5, 32, 57, 58, 60, 61, 64, 70, 72, 103 and 128.
  4. ↑ Governor-General Act 1974 (Cth), s 14.
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