After the Australia Acts became law in 1986, why is Britain still involved in Australia’s law-making through the Governor-General?
Although Australia shares the same monarch as the United Kingdom, our legal and political systems are entirely separate. The Governor-General is often described as representing the British monarch, but in Australian law, the monarch is recognised as the King of Australia. This is a separate legal identity from his role in the United Kingdom. The Governor-General is appointed by the King to carry out constitutional duties on his behalf, not as a representative of the British Parliament or government.
The Australia Act 1986 confirmed Australia’s full legal independence from Britain. Similar Acts were also passed by the state parliaments. These laws:
- ended the ability to appeal Australian court decisions to the British Privy Council
- made it clear that the British Parliament could not make laws that would apply in Australia
- confirmed that all powers used by the Governor-General and state governors are done so under Australian law.
Britain no longer has any role in Australia’s law-making. The British Parliament cannot make laws for Australia, and decisions of British courts have no legal effect here.
Proclamation by Queen Elizabeth II fixing 3 March 1986 as the date of operation of the Australia Acts, 1986
Courtesy of Attorney-General’s Department and the Parliament House Art Collection, Canberra, ACT
Proclamation by Queen Elizabeth II fixing 3 March 1986 as the date of operation of the Australia Acts, 1986
Courtesy of Attorney-General’s Department and the Parliament House Art Collection, Canberra, ACT
Description
A formal proclamation document signed by Her Majesty Queen Elizabeth II, Queen of Australia, dated 2 March 1986. This Proclamation fixed 3 March 1986 as the date the Australia Acts would commence. The British Parliament and each Australian state passed individual Acts before the federal Parliament passed its own. None of the Australian Acts had a start date, as they all had to commence on the same day as proclaimed by the Queen. The Australia Acts ended all remaining legal ties between Australia and the United Kingdom, including appeals to the Privy Council, and affirmed Australia's full legislative and judicial independence.
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