{"id":"letters-patent-relating-to-the-office-of-governor-of-the-state-of-western-australia-1986","name":"Letters Patent relating to the office of Governor of the State of Western Australia 1986","slug":"letters-patent-relating-to-the-office-of-governor-of-the-state-of-western-australia-1986","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178546,"registerId":"wa-letters-patent-relating-to-the-office-of-governor-of-the-state-of-western-australia-1986-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Letters Patent relating to the office of Governor of the State of Western Australia 1986","content":"![Crest]()Western Australia\n\nLetters Patent Relating to the Office of Governor of the State of Western Australia 1986\n\nWestern Australia\n\nLetters Patent Relating to the Office of Governor of the State of Western Australia 1986\n\nContents\n\nI. Revocation of existing Letters Patent and Instructions 3\n\nII. Constitution of Office of Governor 3\n\nIII. Powers and functions of Governor 3\n\nIV. Public Seal 3\n\nV. Appointment of Governor 3\n\nVI. Executive Council 3\n\nVII. Appointment of Executive Council 3\n\nVIII. Governor to preside over Executive Council 4\n\nIX. Quorum for Executive Council 4\n\nX. Constitution of Office of Lieutenant‑Governor 4\n\nXI. Administration of government during vacancy, etc. 4\n\nXII. Interpretation of Clause XI 4\n\nXIII. Administrator 5\n\nXIV. Powers and functions of Administrator 5\n\nXV. Appointment of Lieutenant‑Governor and Administrator 5\n\nXVI. Appointment of deputy of the Governor 5\n\nXVII. Oaths to be taken by Governor, Lieutenant‑Governor and Administrator 5\n\nXVIII. Oaths to be taken by deputy of the Governor 6\n\nXIX. Oaths to be taken by members of Executive Council 6\n\nXX. Existing Commissions to continue 6\n\nXXI. Publication of Letters Patent, etc. 6\n\nXXII. Reservation of power to revoke, alter or amend 7\n\nXXIII. Commencement of Letters Patent 7\n\nNotes\n\nCompilation table 8\n\n  \n\nWestern Australia\n\nLetters Patent Relating to the Office of Governor of the State of Western Australia 1986\n\nLETTERS PATENT RELATING TO THE OFFICE OF GOVERNOR OF THE STATE OF WESTERN AUSTRALIA.\n\nDated 14th February, 1986.\n\nELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.\n\nTO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!\n\nWHEREAS, by Letters Patent dated the 29th October, 1900 and by the *Constitution Act, 1889* of the State of Western Australia provision was made in relation to the office of Governor of the State of Western Australia and its Dependencies extending from the parallel of thirteen degrees thirty minutes South latitude, to West Cape Howe in the parallel of thirty‑five degrees eight minutes South latitude, and from the Hartog’s Island on the Western Coast, in longitude one hundred and twelve degrees fifty‑two minutes to one hundred and twenty‑nine degrees East longitude, reckoning from the meridian of Greenwich, including all the islands adjacent in the Indian and Southern Oceans within the latitudes aforesaid of thirteen degrees thirty minutes South, and thirty‑five degrees eight minutes South, and within the longitudes aforesaid of one hundred and twelve degrees fifty-two minutes, and one hundred and twenty‑nine degrees East from the said meridian of Greenwich:\n\nAnd whereas by the *Australia Act 1986* of the Commonwealth of Australia. provision is made in relation to the office of the Governor of the State of Western Australia and corresponding provision will also be made in the Act which is expected to result from the Australia Bill at present before Parliament in the United Kingdom (which Acts are hereinafter together referred to as “the Australia Acts”);\n\nAnd whereas We desire to make new permanent provisions relating to the office, of Governor of the State of Western Australia and for persons appointed to administer the government of the State:\n\nNow Know Ye that We do hereby declare Our Will and Pleasure, and direct and ordain as follows:-\n\n##### I. Revocation of existing Letters Patent and Instructions\n\nThe Letters Patent dated the 29th October 1900, and Our Instructions to the Governor dated the 29th October 1900 are revoked.\n\n##### II. Constitution of Office of Governor\n\nThere shall be a Governor of the State of Western Australia who shall be Our representative in the State.\n\n##### III. Powers and functions of Governor\n\nThe Governor shall have and may exercise all the powers and functions which belong to the office of Governor or are to be performed by the Governor whether conferred by these Our Letters Patent, a law in force in the State or otherwise, including the power to constitute and appoint such Ministers, Judges, Magistrates, justices of the Peace and other necessary officers as may be lawfully constituted or appointed by Us.\n\n##### IV. Public Seal\n\nThe Governor shall keep the Public Seal of the State for sealing all instruments required to bear the Seal.\n\n##### V. Appointment of Governor\n\nThe appointment of a person to the office of Governor shall be during Our Pleasure by Commission under Our Sign Manual.\n\n##### VI. Executive Council\n\nThere shall be an Executive Council to advise the Governor in the government of the State.\n\n##### VII. Appointment of Executive Council\n\nThe members of the Executive Council shall be appointed by the Governor under the Public Seal of the State and shall hold office during the Governor’s pleasure.\n\n##### VIII. Governor to preside over Executive Council\n\nThe Governor shall preside at meetings of the Executive Council but if the Governor is unable to preside the member appointed by the Governor to preside, or in the absence of such member, the senior member in order of appointment actually present, shall preside.\n\n##### IX. Quorum for Executive Council\n\nA meeting of the Executive Council shall not proceed unless it has been convened by the Governor and at least two members other than the Governor or any member presiding are present. The governor shall convene a meeting of Executive Council if so advised by the Premier or Acting Premier.\n\n##### X. Constitution of Office of Lieutenant‑Governor\n\nThere may be a Lieutenant‑Governor of the State of Western Australia.\n\n##### XI. Administration of government during vacancy, etc.\n\nAn Administrator shall administer the government of the State if and so long as there is a vacancy in the office of Governor or the Governor is administering the government of the Commonwealth of Australia or, not having appointed a deputy under Clause XVI, is unable to act as Governor or is on leave or is absent from the State.\n\n##### XII. Interpretation of Clause XI\n\nFor the purpose of Clause XI —\n\n(a) there shall be deemed to be a vacancy in the office of Governor if the Governor vacates the office, and\n\n(b) the Governor is not absent from the State whilst temporarily off the coast of the State.\n\n##### XIII. Administrator\n\nThe Lieutenant‑Governor shall be the Administrator, but if there is no 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.\n\n##### XIV. Powers and functions of Administrator\n\nWhilst administering the government of the State the Administrator shall have and may perform and exercise the powers and functions of the Governor.\n\n##### XV. Appointment of Lieutenant‑Governor and Administrator\n\nThe appointment of a Lieutenant‑Governor and of an Administrator shall be during Our Pleasure by Commission under Our Sign Manual.\n\n##### XVI. Appointment of deputy of the Governor\n\nThe Governor with the consent of the Executive Council may appoint the Lieutenant‑Governor, or if there is no Lieutenant‑Governor or if the Lieutenant‑Governor is unable to act 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 to be the deputy of the Governor and in that capacity to perform and exercise for a period not exceeding 6 weeks some or all of the powers and functions of the Governor. The appointment of a deputy of the Governor shall not affect the capacity of the Governor to exercise the powers and functions of the office of Governor.\n\n##### XVII. Oaths to be taken by Governor, Lieutenant‑Governor and Administrator\n\nBefore assuming office a person appointed to be Governor or Lieutenant‑Governor, and before assuming the administration of the government of the State an Administrator who is not the Lieutenant‑Governor, shall take the usual Oath or Affirmation of Allegiance and the usual Oath or Affirmation of Office. Such Oaths and Affirmations shall be taken before the Governor or the Chief Justice of Western Australia or another Judge of the Supreme Court of the State.\n\n##### XVIII. Oaths to be taken by deputy of the Governor\n\nBefore performing or exercising any power or function of the Governor a person, who is not the Lieutenant-Governor, appointed to be the deputy of the Governor shall take the usual Oath or Affirmation of Allegiance and the usual Oath or Affirmation of Office before the Governor or the Chief Justice of Western Australia or another Judge of the Supreme Court of the State.\n\n##### XIX. Oaths to be taken by members of Executive Council\n\nBefore assuming office a person appointed a member of the Executive Council shall take the usual Oath or Affirmation of Allegiance and the usual Oaths or Affirmations of Office before the Governor or the Chief Justice of Western Australia or another Judge of the Supreme Court of the State.\n\n##### XX. Existing Commissions to continue\n\nAll existing Commissions in relation to the office of Governor, Lieutenant‑Governor and Administrator and all existing appointments to the Executive Council shall continue in force subject to these Our Letters Patent until revoked.\n\n##### XXI. Publication of Letters Patent, etc.\n\nThese Our Letters Patent, each Commission appointing a Governor, Lieutenant‑Governor or Administrator and each appointment of a deputy of the Governor shall be published in the *Government Gazette* of Western Australia.\n\n##### XXII. Reservation of power to revoke, alter or amend\n\nThe Power to revoke, alter or amend these Our Letters Patent is reserved.\n\n##### XXIII. Commencement of Letters Patent\n\nThese Our Letters Patent shall come into operation at the same time as the Australia Acts come into force.\n\nIn Witness whereof We have caused these Our Letters to be made Patent.\n\nWitness Ourself at Westminster the fourteenth day of February in the Thirty‑fifth year of Our Reign.\n\nBy Warrant under The Queen’s Sign Manual\n\n[L.S.]\n\nNotes\n\nThis is a compilation of the *Letters Patent Relating to the Office of Governor of the State of Western Australia 1986*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Letters Patent Relating to the Office of Governor of the State of Western Australia 1986* | 28 Feb 1986 p. 683-6 | 3 Mar 1986 (operative at 5 a.m. GMT, the same time as the Australia Acts 1986 of the UK and the Commonwealth of Australia, see cl. XXIII) |\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not accessible. The retrieved content consists solely of a webpage error message indicating the document has been moved or removed from the Western Australian legislation website."},"complexity_factors":["No actual legislative text was provided — only a website error/unavailability notice was retrieved","Impossible to assess true complexity of the underlying Letters Patent without its content","Score of 1 reflects absence of analysable material, not simplicity of the underlying document"],"plain_english_summary":"The Letters Patent for the Office of Governor of Western Australia (1986) is the Crown instrument that formally creates and defines the Governor’s role, powers, appointment/removal and standby arrangements, affecting the Governor and Western Australians because the Governor carries key constitutional duties (e.g. swearing governments, assenting to laws). The actual text isn’t available here, so no detailed legal analysis can be performed."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument replaces and modernises the 1900 Letters Patent and aligns the office with the Australia Acts but retains the Governor’s core powers, the Executive Council framework and territorial ambit. Changes are chiefly procedural and contingent (appointments, oaths, publication, acting arrangements) rather than an expansion of substantive powers."},"complexity_factors":["Constitutional instrument defining a single high‑level public office with fixed procedural rules (relatively few provisions)","Cross-reference to the Australia Acts and revocation of 1900 Letters Patent introduces legal context dependencies","Succession and acting arrangements (Governor, Lieutenant‑Governor, Administrator, deputy) add conditional rules and ordering","Appointment language (‘during Our Pleasure’, commissions under Sign Manual) centralises discretion in Crown/commissioning process","Procedural formalities (oaths, Public Seal custody, publication in Gazette, Executive Council quorum) create low administrative compliance burden","Limited interaction with private rights or commercial regulation — effects confined to public‑office governance"],"plain_english_summary":"These Letters Patent replace the 1900 instruments and set out, in modern form, who the Governor of Western Australia is, what powers the Governor may exercise (including appointing ministers, judges and officers), how the Executive Council is constituted and convened, and how vacancies or absences are covered by a Lieutenant‑Governor, Administrator or deputy. Mechanically, appointments are by royal commission “during Our Pleasure”, oaths and publication in the Government Gazette are required, and the text aligns the office with the Australia Acts while creating routine administrative and contingency rules."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The document remains tightly focused on its original purpose: establishing and regulating the office of Governor of Western Australia, including succession arrangements and the Executive Council. It replaced the 1900 Letters Patent to implement the Australia Acts 1986 but did not expand beyond constitutional machinery for viceregal representation."},"complexity_factors":["Straightforward sequential structure with 23 numbered clauses, each addressing a discrete topic","Minimal defined terms — only 'Australia Acts' is specifically defined in the preamble, with plain English used throughout","No cross-referencing between clauses beyond simple sequential references (e.g., 'Clause XI', 'Clause XVI')","Simple conditional logic limited to basic 'if/then' scenarios for succession and temporary appointments","Single-layer exceptions only (no nested exceptions)","Short document — approximately 1,500 words excluding notes and compilation table","No schedules, regulations, or delegated legislative provisions"],"plain_english_summary":"This document is the **Letters Patent Relating to the Office of Governor of the State of Western Australia 1986** — essentially the formal rulebook issued by the Queen that sets up the job of Governor for Western Australia.\n\n**What it does:**\n\n* **Creates the office of Governor** — the Queen's representative in WA who acts on her behalf at the state level.\n* **Sets out the Governor's powers** — including appointing ministers, judges, magistrates, and other officials, plus keeping the Public Seal (the official stamp used on government documents).\n* **Establishes the Executive Council** — a body of advisors (usually senior ministers) who meet with the Governor to advise on running the state. The Governor chairs these meetings, and at least two members must be present for a valid meeting.\n* **Provides backup arrangements** — if the Governor is away, sick, or there's a vacancy, a **Lieutenant-Governor** or **Administrator** (typically the Chief Justice or next most senior judge) steps in to keep government running.\n* **Covers temporary deputies** — the Governor can appoint someone to act in their role for up to 6 weeks with Executive Council approval.\n* **Requires oaths** — anyone becoming Governor, Lieutenant-Governor, Administrator, deputy, or Executive Council member must swear allegiance to the Crown and an oath of office before taking up their duties.\n\n**Who it affects:**\n\n* The Governor and their deputies\n* Members of the Executive Council (senior government ministers)\n* The Chief Justice and other judges who may need to act as Administrator\n* Anyone appointed to official positions by the Governor\n\n**Why it matters:**\n\nThis document is part of Australia's constitutional machinery. It ensures there's always someone legally authorised to run Western Australia, even if the Governor is unavailable. It replaced older rules from 1900 to align with the *Australia Acts 1986* — landmark legislation that formally ended most British Parliament powers over Australian states and clarified that state Governors are appointed by the Queen on Australian (not British) advice."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. 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