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The primary obligation of the Governor is to oversee the workings of the government of the day to ensure that it acts within the boundaries of the Victorian Constitution and the rule of law. Thus the Governor is, in effect, a steward of our democratic framework and has certain powers and rights which may be exercised to achieve this. These powers and rights are described later.
Given the Governor’s place as the head of Victoria’s constitutional structure, it is important that the Governor remains apolitical and impartial. It is for this reason the Governor does not vote in elections.
The main constitutional responsibilities of the Governor in relation to the function of the government of the day are to:
call an election
- chair the Executive Council
- give Royal Assent to Bills passed by both Houses of Parliament
- dissolve the Legislative Assembly in exceptional circumstances
- appoint and dismiss Ministers.
Giving Royal Assent
A Bill is a proposed Act that has not yet been passed by the two Houses of Parliament or has been passed but has not yet received Royal Assent. Once a proposed piece of legislation is passed by the two Houses and is given formal approval by the Governor – that is, given Royal Assent – it becomes an Act of Parliament and becomes the law of Victoria.
The Governor also has the right to warn the Premier (or Minister) of the consequences of a proposed course. This might include a warning of the possibility of the exercise of reserve powers. Such a right would be exercised only in exceptional circumstances.
It is important to bear in mind that the Governor is not concerned with the wisdom of a proposal or issues of politics or public policy. These are matters for the elected government. Similarly, it is for the courts to determine the validity or otherwise of an exercise of power. The Governor’s concern is to be satisfied that the proposal falls within the Constitution and accords with the rule of law and the practices and conventions of good government.
Reserve powers
The Governor has reserve powers that can be exercised notwithstanding the absence of, or despite, Ministerial advice. The reserve powers are very limited in nature and exist to ensure that Victoria’s system of government operates within the accepted democratic and constitutional framework. They can, however, only be exercised in very exceptional circumstances.
That time is now. These are exceptional circumstances. Without the Governor's royal assent, the Bill will not be enacted into law.