{"id":"dormant-commission","name":"Dormant commission","slug":"dormant-commission","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174586,"registerId":"wa-dormant-commission-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Dormant commission","content":"![Crest]()Western Australia\n\nDormant commission\n\nDormant commission\n\nWestern Australia\n\nDormant commission\n\nContents\n\n1. Purpose of this Commission 1\n\n2. Appointment of Chief Justice as Administrator 2\n\n3. Appointment of next most senior Judge as Administrator 2\n\n4. Powers and functions of Administrator 3\n\n5. Notice to be taken of this Commission 3\n\n6. Previous Commission superseded 3\n\nNotes\n\nCompilation table 5\n\n  \n\nDormant commission\n\nDormant commission\n\nWestern Australia\n\n[L.S.] *Elizabeth R*\n\nELIZABETH THE SECOND  \nby the Grace of God Queen of Australia  \nand Her other Realms and Territories,  \nHead of the Commonwealth\n\nTo: The Chief Justice of Western Australia for the time being  \nor the next most senior Judge present in the State and able to act:\n\n**Greeting:**\n\n##### 1. Purpose of this Commission\n\nThis Commission under Our Sign Manual and the Public Seal of the State of Western Australia is issued because under Our Letters Patent relating to the office of Governor of the State of Western Australia dated 14 February 1986 —\n\n(a) clause XI provides that an Administrator shall administer the government of the State in certain circumstances; and\n\n(b) clause XIII provides that the Lieutenant-Governor shall be the Administrator but if there is not Lieutenant-Governor or if the Lieutenant-Governor is unable to act as Administrator or is absent from the State then the Chief Justice of Western Australia or the next most senior Judge present in the State and able to act shall be the Administrator; and\n\n(c) clause XV provides that the appointment of a Lieutenant-Governor and of an Administrator shall be during Our Pleasure by Commission under Our Sign Manual.\n\n##### 2. Appointment of Chief Justice as Administrator\n\nBy this Commission We appoint, authorize and require you, the Chief Justice of Western Australia for the time being, to be the Administrator and to administer the government of the State if and so long as\n\n(a) there is a vacancy in the office of Governor of the State or the Governor is administering the government of the Commonwealth of Australia or, not having appointed a deputy under Clause XVI of those Letters Patent, is unable to act as Governor or is on leave or is absent from the State; and\n\n(b) there is no Lieutenant-Governor or the Lieutenant-Governor is unable to act as Administrator or is absent from the State.\n\n##### 3. Appointment of next most senior Judge as Administrator\n\nAnd, further, We appoint, authorize and require you, the next most senior Judge for the time being present in the State and able to act, to be the Administrator and to administer the government of the State if and so long as\n\n(a) there is a vacancy in the office of Governor of the State or the Governor is administering the government of the Commonwealth of Australia or, not having appointed a deputy under Clause XVI of those Letters Patent, is unable to act as Governor or is on leave or is absent from the State; and\n\n(b) there is no Lieutenant-Governor or the Lieutenant-Governor is unable to act as Administrator or is absent from the State; and\n\n(c) there is no Chief Justice of Western Australia or the Chief Justice of Western Australia is unable to act as Administrator or is absent from the State.\n\n##### 4. Powers and functions of Administrator\n\nAnd, further, We authorize, empower and command you, the Chief Justice of Western Australia or the next most senior Judge, to exercise and perform all or any of the powers, functions and directions contained in those Letters Patent or in future Letters Patent relating to that office of Governor according to any instructions issued by Us in relation to the exercise and performance of those powers, functions and directions that are in force from time to time and according to the laws from time to time in force in the State.\n\n##### 5. Notice to be taken of this Commission\n\nAnd, further, We command all Our Officers, Ministers, and loving subjects in the State and all others whom it may concern, to take due notice of this Commission and to give their ready obedience accordingly.\n\n##### 6. Previous Commission superseded\n\nAnd, further, We declare that this Commission supersedes the Commission under Our Sign Manual and Signet, dated 17 February 1920, appointing the Chief Justice or the Senior Judge for the time being of Western Australia to administer the Government of the State of Western Australia and its dependencies in the events mentioned in the Commission.\n\nGiven at Our Court at St James’s,  \nthis 4th day of August 1998,  \nin the Forty-seventh Year of Our Reign.\n\n**By Her Majesty’s Command**\n\n*Richard Court*\n\n**Premier of Western Australia**\n\nNotes\n\n1 This is a compilation of the *Dormant commission.* The following table contains information about that commission.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Dormant commission* | 20 Nov 1998 p. 6288-9 |  |\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Commission serves exactly the same purpose as the 1920 Commission it replaces: establishing a dormant mechanism for judicial officers to act as emergency Administrators. The 1998 version updates the reference to the 1986 Letters Patent (replacing earlier constitutional arrangements) but does not expand the scope beyond the original intent of ensuring gubernatorial continuity."},"complexity_factors":["Very short document (6 operative clauses plus notes)","Only 3 defined roles (Governor, Lieutenant-Governor, Administrator) with no formal definitions section","Simple conditional logic: if-then structure with clear hierarchy (Governor → Lieutenant-Governor → Chief Justice → next senior Judge)","Minimal cross-referencing (only refers to 1986 Letters Patent clauses XI, XIII, XV, XVI)","No exceptions to exceptions or nested provisos","Straightforward procedural mechanism with no substantive policy content"],"plain_english_summary":"This document is a **Dormant Commission** issued by Queen Elizabeth II in 1998 for Western Australia. It establishes a backup plan for who runs the state when the Governor is unavailable.\n\n**What it does:**\n- **Creates a chain of command** for when the Governor cannot perform their duties (due to vacancy, illness, absence, or serving as Governor-General of Australia).\n- **Appoints the Chief Justice of Western Australia** as the first backup (called the \"Administrator\") to step in and run the government when both the Governor and Lieutenant-Governor are unavailable.\n- **Appoints the next most senior Judge** as the second backup if the Chief Justice is also unavailable.\n\n**Who it affects:**\n- The Chief Justice and senior judges of Western Australia (they become emergency stand-ins for the Governor).\n- All government officials and citizens of Western Australia (who must obey the Administrator when acting under this Commission).\n\n**Why it matters:**\nThis ensures **continuity of government**. Even if the Governor and Lieutenant-Governor are both incapacitated or absent, someone with clear legal authority can still make executive decisions, sign laws, and keep the state functioning. It replaces an older 1920 Commission with updated arrangements.\n\n**Key terms explained:**\n- **Administrator**: A temporary stand-in who exercises the Governor's powers.\n- **Letters Patent**: A formal legal document issued by the monarch that establishes an office (like Governor) and its powers.\n- **Sign Manual**: The Queen's personal signature on official documents.\n- **Dormant**: This Commission sits inactive (\"dormant\") until needed—it only \"wakes up\" when the Governor and Lieutenant-Governor are both unavailable."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope can be assessed as no legislation was provided. The source material is an error page, not a statute or regulation."},"complexity_factors":["No legislative content was present in the provided text — only a 404-style error page","Cannot assess complexity without actual legislative text"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided does not lead to any actual legislation. Instead, it shows an error page from the Western Australian legislation website explaining that the page is no longer available due to system and security upgrades.\n\nIf you are trying to find a specific Western Australian law, try:\n- Visiting [legislation.wa.gov.au](https://www.legislation.wa.gov.au) directly\n- Using the site's search or menu options to locate the relevant Act or regulation\n- Contacting the Parliamentary Counsel's Office Helpdesk for assistance"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Commission expressly supersedes the 17 February 1920 commission (s.6) and restates appointment and activation conditions under the Governor’s Letters Patent (ss.1–4). Mechanically, it updates who may act as Administrator and confirms that their powers derive from the Letters Patent and any instructions under them, rather than creating new powers."},"complexity_factors":["Succession rule is a simple, fixed chain: Chief Justice, then next most senior judge present and able to act (ss.2–3).","Appointment and remit are explicitly tied to existing Letters Patent and any instructions under them, creating dependence on an external instrument for scope of powers (s.1, s.4).","Conditions for activation are conjunctive and factual (vacancy/absence/inability of Governor and absence/inability of Lieutenant‑Governor), so application is rule‑based rather than discretionary (ss.2–3).","Express command that public officers must obey the Administrator reduces implementation ambiguity for agencies but does not create new administrative mechanisms (s.5).","Text expressly supersedes a 1920 commission, altering the governing instrument without further procedural detail (s.6)."],"plain_english_summary":"This Commission names the Chief Justice of Western Australia — and if unavailable, the next most senior judge present — to act as Administrator when the Governor’s office is vacant, the Governor is absent or unable to act, and there is no Lieutenant‑Governor (or the Lieutenant‑Governor is unable to act). It authorises that Administrator to exercise the Governor’s powers under the Letters Patent, requires officials to obey the Administrator, and replaces an earlier 1920 commission."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/dormant-commission","history":"/api/acts/dormant-commission/history","analysis":"/api/acts/dormant-commission/analysis","conflicts":"/api/acts/dormant-commission/conflicts","importantCases":"/api/acts/dormant-commission/important-cases","documents":"/api/acts/dormant-commission/documents"}}