02.02.06
Term, Removal and Vacancy
The following points and questions about the term of office, removal and casual vacancy of a republican Head of State are taken from the 2004 Senate Inquiry into an Australian Republic Discussion paper:
Term of Office
The Republic Advisory Committee considered anything between four and seven years as ‘reasonable’. An alternative is to have no defined term but an agreement with each incumbent to serve for a specified period, for example five years. Limits on re-election may also be imposed.
Removal
There is a range of views on when and by whom the head of state might be removed from office. Options include action by the Prime Minister alone; action by the Prime Minister with ratification by the House of Representatives; action by a Constitutional Council on advice from the Prime Minister; or removal by the Parliament.
At present there are no guidelines for the removal of the Governor-General. Should there be specific guidelines laid down stating grounds on which the head of state could be removed such as ‘proven misbehaviour or incapacity’ or ‘on the grounds of stated misbehaviour or incapacity or behaviour inconsistent with the terms of his or her appointment’? The Republic Advisory Committee suggested that if a prescribed number of Members of Parliament in a joint sitting resolved that the head of state should cease to hold office, then that should be cause in itself for his or her removal, without the need for proof of particular misbehaviour or incapacity.
Casual Vacancy
Provision needs to be made where the office is vacated before the end of a term. One option is the appointment of a caretaker for the balance of the term by an absolute majority of the House of Representatives. Alternatives include beginning a new term, or the balance of the previous holder’s term being served by a new appointment. The method for filling casual vacancies would be strongly influenced by the method of selection of the head of state.
Senators’ Questions
The following questions where asked by the 2004 Senate Inquiry into an Australian Republic:
- Who or what body should have the authority to remove the head of state from office?
- On what grounds should the removal from office of the head of state be justified? Should those grounds be spelt out?
- What should be the length of a term of office for head of state?
- Should a head of state be eligible for re-appointment/re-election?
- Should there be a limit on the number of terms an individual may serve as head of state?
- How should a casual vacancy be filled?
DavidLatimer Said:
June 13, 2006 at 5:37 pm
Under the Honorary President Model the term of office is five years after which extensions of six months may be given, up to a maximum of eight years. The extensions keep the Honorary President in office for about two terms of parliament or about six years. However, if elections are called too early, the basic term of five years is guaranteed.
If the Honorary President becomes incapacitated or breaks the constitutional rules, the federal parliament can remove the Honorary President using the same procedures as for dismissal of a High Court Judge. The parliament must provide a good reason and the Honorary President has a right to defend themselves.
If the office becomes vacant, then the Honorary Vice President is immediately promoted into the position.
An Honorary President or Vice President may only serve for one term (ie two terms of federal parliament). This ensures that the Head of State does not contest any election while in office, which is consistent with their apolitical role.