Governor-General Amendment (Cessation of Allowances in the Public Interest) Bill 2023

High-Level Summary
The bill proposes to amend the Governor-General Act 1974 to allow for the cessation of allowances to former Governors-General and their spouses if they have engaged in serious misconduct. This mechanism aims to ensure that public funds are not used to support individuals whose conduct is deemed to be against the public interest.

Summary
The Governor-General Amendment (Cessation of Allowances in the Public Interest) Bill 2023 seeks to amend the Governor-General Act 1974. The bill introduces provisions that allow for the cessation of standard allowances to former Governors-General or their spouses if serious misconduct is identified. A 'cessation event' can occur through a ministerial declaration or a resolution passed by a House of Parliament. Serious misconduct is defined broadly and includes criminal behavior such as corruption or sexual harassment. New sections 4AGA, 4AGB, and 4AGC detail the process for ministerial declarations and parliamentary resolutions. The bill aligns federal legislation with existing state provisions where similar mechanisms are in place for former Governors.

Argument For
Normative Bases
  1. Pro-Democracy
  2. Anti-Corruption

The bill should be supported because it enhances accountability and integrity in the use of public funds. Allowing for the cessation of allowances in cases of serious misconduct ensures that individuals who have violated public trust do not continue to benefit from taxpayer money. This aligns with democratic values of transparency and accountability, reinforcing public confidence in governmental institutions. Furthermore, by providing a clear mechanism for addressing misconduct, the bill deters future violations of ethical standards by high-ranking officials.


Argument Against
Normative Bases
  1. Legal Principle
  2. Pro-Democracy

The bill should be opposed because it could potentially undermine the independence of the office of the Governor-General. By allowing for allowances to be ceased based on ministerial declarations or parliamentary resolutions, there is a risk of politicizing what should be an impartial process [Judgment]. Moreover, the broad definition of 'serious misconduct' could lead to arbitrary decisions, undermining legal principles of fairness and due process. It is crucial that any mechanisms to cease allowances are not used as tools for political retribution.


Date:

2023-03-06

Status:

Before Senate

Sponsor:

SHOEBRIDGE, Sen David

Portfolio:

Unspecified

Categories:

Anti-Corruption, Democratic Institutions, Criminal Law Reform

Timeline:
06/03/2023

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