{"id":"deputy-governors-powers-act-1911","name":"Deputy Governor's Powers Act 1911","slug":"deputy-governor-s-powers-act-1911","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30464,"registerId":"wa-deputy-governors-powers-act-1911-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Deputy Governor's Powers Act 1911","content":"![Crest]()Western Australia\n\nDeputy Governor’s Powers Act 1911\n\nWestern Australia\n\nDeputy Governor’s Powers Act 1911\n\n**Contents**\n\n1. Short title 2\n\n2. Terms used 2\n\n3. Governor’s statutory as well as other powers exercisable by deputy 2\n\n4. Same provision as to deputy of Lieutenant‑Governor or Administrator 2\n\n5. Act to be retrospective 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nDeputy Governor’s Powers Act 1911\n\nAn Act to provide for the exercise by deputy of certain powers and authorities vested in the Governor.\n\n**Preamble**\n\nWhereas by certain Letters Patent passed under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date 29 October 1900, permanent provision was made for the Office of Governor in and over the State of Western Australia and its Dependencies, in the Commonwealth of Australia: And whereas by the said Letters Patent it is provided that in certain circumstances all the powers and authorities therein granted to the Governor shall be vested in the Lieutenant‑Governor of the State, or, if there be no such Officer in the State, then in such person or persons as may be appointed by Royal Sign Manual and Signet to administer the Government of the State: And whereas by the said Letters Patent it is further provided that in certain circumstances the Governor may, by an instrument under the Public Seal of the State, constitute and appoint a Deputy in the State to exercise, perform, and execute for and on behalf of the Governor, during his temporary absence from the seat of Government or from the State, all such powers and authorities vested in the Governor by the said Letters Patent as shall in and by such instrument be specified and limited: And whereas doubts have arisen as to the extent of the powers and authorities which any such Deputy if and when appointed may exercise, and it is desirable to set such doubts at rest: Be it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —\n\n##### 1. Short title\n\nThis Act may be cited as the *Deputy Governor’s Powers Act 1911* 1.\n\n##### 2. Terms used\n\nIn this Act —\n\n  said Letters Patent means the Letters Patent mentioned in the preamble of this Act, or any Letters Patent at any time passed in lieu thereof or in addition thereto 2;\n\n  State means the State of Western Australia.\n\n[Correction to reprint: Gazette 2 Nov 2012 p. 5261.]\n\n##### 3. Governor’s statutory as well as other powers exercisable by deputy\n\nDuring the temporary absence of the Governor from the seat of Government or from the State, all the powers and authorities conferred upon or vested in the Governor by any statutory or other law or usage of the State, as well as the powers and authorities conferred upon or vested in the Governor by the said Letters Patent, shall and may be exercised, performed, and executed by the person appointed by the Governor to be his Deputy during such absence, subject nevertheless to anything expressed in the instrument appointing such Deputy.\n\n##### 4. Same provision as to deputy of Lieutenant‑Governor or Administrator\n\nDuring such time as the powers and authorities in the said Letters Patent granted to the Governor are vested in the said Lieutenant‑Governor, or such other person as is appointed as aforesaid to administer the Government of the State, the provisions of section 3 shall apply to the person appointed to be the Deputy of the Lieutenant‑Governor, or such other person appointed to administer the Government as aforesaid, during his temporary absence from the seat of Government or from the State, subject nevertheless to anything expressed in the instrument appointing such Deputy.\n\n##### 5. Act to be retrospective\n\nAny exercise, performance, or execution before the passing of this Act of any of the powers or authorities hereinbefore mentioned shall be and be deemed to have been of the same validity, and shall have and be deemed to have had the same force and effect, as if this Act had been in force at the time of such exercise, performance, or execution.\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Deputy Governor’s Powers Act 1911*. The following table contains information about that Act. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Deputy Governor’s Powers Act 1911* | 16 of 1912 (2 Geo. V No. 24) | 15 Jan 1912 | 15 Jan 1912 |\n| **Reprint of the**  ***Deputy Governor’s Powers Act 1911* as at 5 May 2000** (correction in *Gazette* 2 Nov 2012 p. 5261) | | | |\n| **Reprint 2: The *Deputy Governor’s Powers Act 1911* as at 20 Mar 2015** | | | |\n\n\n2 See now Letters Patent dated 14 February 1986.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nsaid Letters Patent 2\n\nState 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the full legislative text was not retrievable. No analysis of amendments or scope drift is possible."},"complexity_factors":["Insufficient legislative text available to conduct a meaningful complexity assessment","Historical legislation from 1911 may use archaic legal language","Constitutional/vice-regal subject matter can involve nuanced conventions (unwritten rules of government)","Interaction with Commonwealth constitutional arrangements may add a layer of complexity"],"plain_english_summary":"The Deputy Governor's Powers Act 1911 governs when and how the Deputy Governor may act for the Governor of Western Australia, outlining the scope and limits of that substitute authority. \n\nIt affects constitutional governance by ensuring continuity of executive functions when the Governor is absent or incapacitated, so institutions and decisions remain lawful and operable."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act clarifies and effectively broadens the deputy’s authority by specifying that deputies may exercise not only powers under the Letters Patent but also powers conferred by statute or State usage (section 3), and it retrospectively validates prior exercises of such powers (section 5)."},"complexity_factors":["Broad grant that covers ‘statutory or other law or usage’ (section 3) — expansive scope increases interpretive reach.","Subject-to-instrument qualification (sections 3 and 4) — creates delegated discretion and potential variability between appointments.","Retrospective validation of past acts (section 5) — raises legal-finality and retrospective-effect considerations.","Application to Lieutenant‑Governor or Administrator deputies (section 4) — multiplies contexts where the rule applies.","Concise drafting and undefined boundary terms like ‘temporary absence’ — potential for factual disputes about when powers vest."],"plain_english_summary":"This Act lets a person appointed by the Governor act as Deputy during the Governor’s temporary absence and exercise all powers the Governor holds under the Letters Patent, any statute, or State usage, subject to limits in the appointing instrument, and it validates past exercises of those powers. It affects Governors, Lieutenant‑Governors, their Deputies and anyone dealing with executive decisions by removing doubt about the legal validity of actions taken by Deputies."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: clarifying the extent of a Deputy Governor's authority during temporary absences. No significant expansion beyond the original intent to settle doubts about statutory powers being delegable to deputies."},"complexity_factors":["Only 5 operative sections spanning 3 pages","Just 2 defined terms ('said Letters Patent' and 'State')","No cross-references to other Acts","Simple conditional logic limited to 'during temporary absence' and 'subject to instrument of appointment'","Straightforward retrospective validation in section 5","Archaic preamble language (typical of 1911 legislation) but operative provisions are clear"],"plain_english_summary":"This Western Australian law from 1912 clarifies that when the Governor is temporarily away from Perth or the State, their appointed Deputy can exercise **all** of the Governor's powers—not just some of them.\n\n**What problem does it solve?**\nBefore this Act, there was confusion about whether a Deputy Governor could only exercise powers granted by the British monarch's official documents (called \"Letters Patent\"), or whether they could also exercise powers given to the Governor by Western Australian laws (\"statutory\" powers) and traditional practices (\"usage\"). This Act settles that doubt: the Deputy gets the lot.\n\n**Who does it affect?**\n- The **Governor** of Western Australia (who can now confidently appoint a Deputy knowing they can fully stand in)\n- The **Deputy Governor** (who gets clear legal authority)\n- The **Lieutenant-Governor** or **Administrator** (who acts when there's no Governor, and can also appoint their own Deputy with the same full powers)\n\n**Key points:**\n- The Deputy's authority applies during the Governor's **temporary absence** from the seat of Government or the State\n- The Deputy's powers are subject to any specific limits written in their appointment instrument\n- The same rules apply if the Lieutenant-Governor or an Administrator is running the show instead of the Governor\n- The Act works **backwards** (retrospectively)—any actions taken by Deputies before 1912 are legally valid as if this law had already existed"}},"importantCases":[],"_links":{"self":"/api/acts/deputy-governor-s-powers-act-1911","history":"/api/acts/deputy-governor-s-powers-act-1911/history","analysis":"/api/acts/deputy-governor-s-powers-act-1911/analysis","conflicts":"/api/acts/deputy-governor-s-powers-act-1911/conflicts","importantCases":"/api/acts/deputy-governor-s-powers-act-1911/important-cases","documents":"/api/acts/deputy-governor-s-powers-act-1911/documents"}}