MATTERS PERTAINING TO THE CIVIL UNIONS ACT 2006 (ACT)

13 June 2006

Earlier today, the Speaker of the ACT Legislative Assembly, Mr Wayne Berry, called on the Governor-General to deliver an Address from that Assembly in relation to certain matters pertaining to the Civil Unions Act 2006 (ACT), passed by the Assembly on 11 May 2006, but not yet commenced.

Having received the Address from the ACT Legislative Assembly, the Governor-General indicated to the Speaker that he would refer the Address to the Australian Government for consideration.

The Governor-General’s role is to receive the Address from the Assembly and then refer it to the Australian Government for consideration of the matters contained therein, and any other relevant matters, prior to providing advice to him for consideration in the Federal Executive Council on the exercise of the powers conferred on him under section 35 of the Australian Capital Territory (Self-Government) Act 1988 (Commonwealth).

The Governor-General has no constitutional authority to intervene personally on any matter of policy where there may be a difference between the ACT Legislative Assembly and the Australian Government.

In the matters relating to the Civil Unions Act 2006, the Governor-General therefore has no authority to act independently.