Letters Patent relating to the office of Governor of the State of Western Australia 1986

The central concept is the Governor as the Queen’s representative in Western Australia. That representation is not merely symbolic: clause III confers all powers and functions belonging to the office, whether sourced in the prerogative, statute, or these Letters Patent. This includes the power to appoint key state officers, but only those that “may be lawfully constituted or appointed by Us” - i.e., by the Crown. The phrase “or otherwise” in clause III is broad and could encompass powers derived from convention, but its outer bounds are not defined in this document. A second key concept is the Executive Council, an advisory body distinct from the Cabinet. The Letters Patent do not mention the Premier except in clause IX (the Governor must convene a meeting if the Premier so advises). The Executive Council’s role is to advise the Governor in government, but whether the Governor must follow that advice is not stated. Convention requires it for most acts, but the Letters Patent leave that a matter of constitutional practice rather than written rule. The concept of “pleasure” runs throughout: the Governor holds office during the Queen’s pleasure; Executive Council members hold office during the Governor’s pleasure; the Lieutenant-Governor and Administrator hold office during the Queen’s pleasure. There is no security of tenure, no fixed term, and no recourse if removed. That creates a strong incentive for appointees to align with the appointing authority’s expectations, concentrating power in the person or body that controls the pleasure. The distinction between a vacancy and inability is important. A vacancy (clause XII(a)) occurs when the Governor vacates the office (e.g., resignation, death, removal). Inability to act (clause XI) includes illness, leave, or absence from the State, but absence excludes temporary off-coast stays. The Administrator steps in only when there is a vacancy or when the Governor has not appointed a deputy and is otherwise unable to act. The deputy mechanism is limited to six weeks, preventing long-term delegation without a formal commission. The Administrator is automatically the Lieutenant-Governor, but since that office is optional, the default is the Chief Justice or next most senior judge. This puts a judicial officer in the line of succession, which may raise separation of powers considerations, especially if the Administrator is required to exercise executive functions. The oaths requirement is a gatekeeping concept: no person may assume office or perform functions without first taking the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office. That ensures a formal acknowledgement of duties before acting. Publication in the Government Gazette (clause XXI) provides public notice and arguably legal validity for commissions and appointments. The reserved power to revoke, alter, or amend (clause XXII) indicates that these Letters Patent are not entrenched; they can be changed unilaterally by the Crown. However, after the Australia Acts, the Crown in right of the United Kingdom may no longer have the constitutional authority to amend them without request from the state, though the instrument itself does not reflect that limitation. The concept of “Administrator” differs from “deputy”: an Administrator takes over all powers during a vacancy or incapacity, whereas a deputy performs only those functions delegated and for a short period. The Letters Patent also distinguish between “Lieutenant-Governor” (a standing office that may exist) and “Administrator” (a functional role triggered by events). The Commencement clause ties the entire instrument to the Australia Acts, making it part of the constitutional package that ended UK legislative authority over Australian states.

The primary persons affected are the Governor, the Lieutenant-Governor (if one exists), the Administrator (who may be the Lieutenant-Governor or a senior judge), and the members of the Executive Council. The Governor is directly affected by all provisions: clauses III, IV, V, VII, VIII, IX, XI, XVI, XVII, XX, XXI, and XXIII. The Governor’s powers and duties are defined, and any exercise of power must conform to the Letters Patent. The Lieutenant-Governor, if appointed, is affected by clauses X, XIII, XV, XVI, XVII, and XX. That officer’s existence is optional but once appointed, the Lieutenant-Governor becomes the presumptive Administrator. The Administrator (who may be the Lieutenant-Governor or the Chief Justice or next senior judge) is affected by clauses XI, XIII, XIV, XV, XVII, and XXI. A judge who becomes Administrator must temporarily take on executive functions, which may affect judicial independence and workload. The Chief Justice and other Supreme Court judges are affected because they may be called upon to act as Administrator or deputy, and they also may administer oaths under clauses XVII, XVIII, and XIX. Executive Council members are affected by clauses VII, VIII, IX, XIX, and XX. They hold office at the Governor’s pleasure, so their tenure is precarious. The quorum requirement (clause IX) means they must attend meetings when convened, and if they are the senior member present, they may have to preside if the Governor has not appointed another. The Premier and Acting Premier are affected by clause IX: they have the power to compel the Governor to convene an Executive Council meeting. That is a significant right, as it ensures the Premier can force a formal advice mechanism. All persons who deal with the state government are indirectly affected. The Governor-in-Council (i.e., the Governor acting on the advice of the Executive Council) makes regulations, appointments, and other decisions. The validity of those acts depends on the Governor’s authority being properly exercised under the Letters Patent. For example, if a Commission is not published in the Gazette (clause XXI), its validity may be questioned. Similarly, if an Administrator acts without having taken the required oath, the action may be challenged. The public therefore has an interest in whether the procedural requirements are followed. Law firms, constitutional lawyers, and government advisers must understand these provisions when assessing the validity of state executive action. The Queen and the UK government are affected in that the Letters Patent reserve a power to revoke, alter, or amend (clause XXII), but the Australia Acts likely constrain that power in practice. Any future change would almost certainly require joint action by the state and Commonwealth. The Queen’s Sign Manual is used for Commissions (clauses V, XV), so the Palace is involved in appointments. The effect on private enterprise is minimal but real: the Governor’s power to appoint Ministers, Judges, and Magistrates (clause III) indirectly affects the legal and regulatory environment businesses operate in. The composition of the Executive Council influences policy decisions that affect commerce, but that influence is mediated through political processes rather than the Letters Patent directly. The succession rules ensure continuity of government, which protects private contracts and property rights by preventing a vacuum at the top of the executive.

The Governor’s key duties are to keep the Public Seal (clause IV), to preside at Executive Council meetings (clause VIII) unless unable, to convene an Executive Council meeting when advised by the Premier or Acting Premier (clause IX), to appoint Executive Council members (clause VII), and to ensure the specified oaths are taken before any person assumes office (clauses XVII, XVIII, XIX). The Governor also must publish these Letters Patent, Commissions, and deputy appointments in the Government Gazette (clause XXI). There is no explicit duty to exercise any particular power; the Governor has discretion subject to convention and law. The Governor’s rights include the right to exercise all powers and functions belonging to the office (clause III), to appoint officers (clause III), to appoint members of the Executive Council (clause VII), to appoint a deputy for up to six weeks with Executive Council consent (clause XVI), and to decide when to convene Executive Council meetings (subject to the Premier’s advice). The Governor may also appoint a member to preside if unable to preside (clause VIII). The Lieutenant-Governor has the right to be the Administrator if needed (clause XIII) and to be appointed deputy (clause XVI). The Lieutenant-Governor’s duty is to take oaths before assuming office (clause XVII) and, if acting as Administrator, to perform all Governor’s powers (clause XIV). The Administrator (if not the Lieutenant-Governor) has the duty to take oaths before assuming administration (clause XVII) and then has the right to perform all Governor’s functions (clause XIV). The Administrator also must follow the same rules regarding the Public Seal and Executive Council meetings. Deputies have the right to perform some or all of the Governor’s functions as specified in their appointment, but only for a period not exceeding six weeks (clause XVI). The deputy’s duty is to take oaths if not the Lieutenant-Governor (clause XVIII) and to act within the scope of the appointment. Members of the Executive Council have the duty to take oaths before assuming office (clause XIX) and to attend meetings when convened. They have the right to advise the Governor and to have the meeting proceed only if quorum is met (clause IX). The senior member present has the right to preside if the Governor has not appointed someone else (clause VIII). The Premier has the right to advise the Governor to convene an Executive Council meeting, and the Governor must comply (clause IX). The Queen has the right to appoint the Governor, Lieutenant-Governor, and Administrator by Commission under Sign Manual (clauses V, XV), and to revoke, alter, or amend these Letters Patent (clause XXII). The state’s judges have the right to administer oaths (clauses XVII, XVIII, XIX) and, in the case of the Chief Justice or next senior judge, to be called upon to act as Administrator or deputy. They also have the duty to act if required (clause XIII, clause XVI). There is no right to refuse to become Administrator if they are the next most senior judge present and able to act, as the language is mandatory: “then the Chief Justice… shall be the Administrator”. That imposes an obligation on the judiciary to step into the executive branch. No fees, salaries, or expenses are specified in the Letters Patent; those are left to other laws.

The Letters Patent contain no penalty provisions, no fines, no imprisonment, and no civil liability for breach. Enforcement is not through courts but through constitutional mechanisms. The primary enforcement tool is the pleasure doctrine. The Governor holds office during the Queen’s pleasure (clause V). If the Governor fails to perform duties under the Letters Patent (e.g., refuses to convene an Executive Council meeting when advised by the Premier, or fails to keep the Public Seal, or appoints a deputy without Executive Council consent), the Queen may revoke the Governor’s Commission. That would end the Governor’s tenure, but there is no intermediate sanction, no right to challenge the removal, and no requirement to give reasons. Similarly, the Lieutenant-Governor and Administrator hold office during the Queen’s pleasure (clause XV). The Governor may remove Executive Council members at pleasure (clause VII). So the ultimate enforcement is dismissal. However, the Letters Patent also create procedural conditions that, if not met, affect the validity of acts. For example, if the Governor purports to appoint a deputy for more than six weeks, that appointment might be ultra vires and any act done by the deputy beyond the period could be challenged as invalid. If an Administrator acts without having taken the required oath, that could render the Administrator’s acts voidable. If an Executive Council meeting proceeds without the quorum required in clause IX, any advice given at that meeting may not be properly given, so subsequent Governor-in-Council decisions could be open to legal challenge. The publication requirement (clause XXI) is directory or mandatory? The Letters Patent do not say that non-publication invalidates the commission or appointment, but failure to publish may affect notice and could be used to argue that the appointment was not properly made. In practice, the courts would determine validity, but no express penalty or enforcement mechanism is provided in this instrument. The only entity with standing to enforce these provisions is the Crown, which can exercise the pleasure power. Private persons cannot directly enforce the Letters Patent; they would need to challenge the validity of executive action indirectly in judicial review proceedings, arguing that the Governor or Administrator acted without authority. For example, if the Governor appoints a person to a judicial office without lawful authority (clause III), the appointment could be challenged. But the Letters Patent itself provides no cause of action. The reserved power to revoke, alter, or amend (clause XXII) is a significant enforcement backstop: if the Crown decides that the Letters Patent are not working as intended, it can unilaterally change them. That is a legislative rather than judicial enforcement. The oaths requirements (clauses XVII, XVIII, XIX) are enforced by the fact that failure to take them prevents the person from assuming office or performing functions. There is no penalty for a person who acts without taking oaths; the act itself might be void, but the person could also face proceedings for acting without lawful authority under other laws (e.g., impersonating a public officer). Those penalties would arise from statutes, not these Letters Patent. In sum, enforcement is through removal, invalidity of acts, and potentially other legal consequences, but no explicit sanctions are set out in this instrument.

These Letters Patent sit within a broader constitutional framework that includes the Constitution Act 1889 (WA), the Australia Acts 1986 (both the Commonwealth Act and the UK Act), and the common law of the Crown. Clause III expressly provides that the Governor has powers and functions conferred by “a law in force in the State or otherwise”. This means that any state statute can add to or modify the Governor’s powers without amending the Letters Patent. For example, the Constitution Act 1889 may regulate the exercise of certain powers or require the Governor to act on the advice of the Executive Council. The Letters Patent do not override those statutes; they default to them. The Australia Acts are directly relevant. The preamble notes that the Australia Acts make provision in relation to the office of Governor, and these Letters Patent were made to come into operation at the same time (clause XXIII). Section 7 of the Australia Act 1986 (Commonwealth) provides that the Queen’s representative in each state is the Governor, and that all powers of the Queen with respect to a state are exercisable by the Governor. This reinforces the Letters Patent. Section 8 of the Australia Act ends the power of the UK Parliament to legislate for Australia. That interacts with clause XXII: the reserved power to revoke, alter, or amend these Letters Patent is expressed as being held by the Crown (presumably the UK Crown). After the Australia Acts, the UK Crown cannot exercise that power without request from the state and Commonwealth, because to do so would be to legislate for Australia. So clause XXII must now be read as referring to the Queen acting on the advice of the state Premier or through the Commonwealth, though the Letters Patent do not say that. This creates a legal uncertainty: who now has the power to amend? It may be that the Letters Patent are effectively entrenched or can only be amended by a state Act of Parliament or by a request from the state to the Queen. The Constitution Act 1889 may also govern the appointment of the Governor: section 50 provides for a Governor appointed by the Queen. The Letters Patent add detail but must be consistent. The Letters Patent do not address the appropriation of money or the enacting of legislation; those are covered by the Constitution Act and other statutes. The Executive Council under clause VI is the same body referred to in the Constitution Act as the “Executive Council of the State”. The letters patent do not create a separate body. Provisions dealing with the Upper House and Lower House are outside this instrument. The Public Seal (clause IV) is also referenced in state legislation, such as the Interpretation Act 1984 (WA), which may prescribe how the seal is to be used. The power to appoint officers (clause III) is subject to any law that regulates appointments (e.g., the Public Sector Management Act 1994 for public servants, the Judicial Officers Act for judges). The Letters Patent do not override those laws; they merely confirm the Governor’s constitutional capacity to appoint. The oaths requirement (clauses XVII-XIX) interacts with the Oaths, Affirmations and Statutory Declarations Act 2005 (WA) and similar laws, which prescribe the form of oaths. The “usual Oath or Affirmation of Allegiance” and “usual Oath or Affirmation of Office” are defined by other instruments. The Letters Patent do not set out the exact wording. The provision that the Governor, Lieutenant-Governor, and Administrator may take oaths before the Governor or a Supreme Court judge (clause XVII) avoids conflicts with section 116 of the Commonwealth Constitution, which forbids religious tests for office - but the letters patent do not mention that. The instrument’s reference to “Us” and “Our” refers to the Queen, and the Letters Patent are issued under the royal prerogative. State legislation cannot override prerogative rights except by clear words, but after the Australia Acts, the prerogative with respect to states is exercisable by the Governor on advice. So the Letters Patent may be seen as a delegation of prerogative power to the Governor. The interaction with the common law of standing and judicial review means that failure to comply with procedural requirements (e.g., quorum, oaths, publication) can be raised in court, though the Letters Patent itself does not provide a private right of action.

The compilation table in the source shows only one entry: the Letters Patent Relating to the Office of Governor of the State of Western Australia 1986, published in the Government Gazette on 28 February 1986 at pages 683-686, with commencement on 3 March 1986 at 5 a.m. GMT, the same time as the Australia Acts 1986. There is no record of any subsequent amendment. The instrument appears to remain unamended since it came into force over 38 years ago. However, the compilation table is from the official government website, and it lists only one compilation. That does not necessarily mean no amendments have ever been made; it may mean that any amendments were not separately published or that the table is incomplete. But the source provided does not indicate any amendments. The note at the end says “This is a compilation of the Letters Patent… For provisions that have come into operation see the compilation table.” The table contains only the original instrument. Therefore, as far as this source shows, the Letters Patent have never been amended. This is significant because the reserved power in clause XXII has not been exercised, or if it has been exercised, it has not resulted in a consolidated version distributed with this compilation. Practitioners should verify the current status with the Western Australian Parliamentary Counsel’s Office, but based on this source, the law is as it was in 1986. The absence of amendment may reflect the stability of the constitutional arrangements: the role of the Governor has not required alteration since the Australia Acts settled the relationship with the UK. Alternatively, it may indicate that any amendments have been made by Commonwealth or state legislation rather than by direct amendment of the Letters Patent. For example, the Constitution Act 1889 has been amended many times, affecting the Governor’s powers, but that does not appear as an amendment to the Letters Patent. The Letters Patent themselves remain a static 1986 document. The compilation table is dated? The source does not provide a date for the compilation, but the note suggests it is a current compilation. So as of the date of this source, no amendments have been integrated.

The source does not mention any litigation relating to these Letters Patent. No cases are cited in the text, and the compilation table does not include any reference to judicial interpretation. This does not mean no litigation has ever occurred; it means the source does not provide that information. In Australian constitutional history, there have been occasional cases concerning the powers of state Governors, such as R v Toohey; Ex parte Northern Land Council (1981) relating to the Northern Territory, or cases on the dismissal of state governments (e.g., the 1932 New South Wales constitutional crisis). However, those did not directly turn on the Western Australian Letters Patent. The instrument itself is fundamentally about the office and succession, which are rarely litigated because the procedures are generally followed and the consequences of non-compliance are usually resolved politically rather than judicially. There is at least one notable Western Australian case: State of Western Australia v GDH (2017) considered the role of the Governor in the exercise of the prerogative of mercy, but that case involved the Constitution Act and the Sentencing Act, not these Letters Patent specifically. The Letters Patent might be cited in cases where the validity of an executive appointment or decision is challenged on the basis that the Governor lacked authority because the appointment or deputy appointment was not made in accordance with these provisions. For example, if a deputy acted for more than six weeks, or if an Administrator acted without the oath, the validity of that person’s acts could be challenged. But such challenges are rare. The only potential litigation would be judicial review of Governor-in-Council decisions, where the plaintiff argues that the decision was not made by a properly constituted Executive Council because quorum was not met or because the Governor was not validly appointed. The source provides no evidence of such litigation. Thus, for practical purposes, the litigation history is barren. Practitioners should not assume that the Letters Patent are immune from challenge, but the absence of reported cases suggests that they have been uncontroversial. The fact that the instrument creates clear black-letter rules (e.g., six-week limit, quorum of two, mandatory oath before assumption) may have prevented disputes. The most likely area of future litigation could be the meaning of “temporarily off the coast” in clause XII, or whether the Governor’s “inability to act” covers a particular illness. But no case exists yet.

Several provisions in the Letters Patent contain traps for the unwary. First, clause XI says an Administrator administers the government if the Governor is “unable to act as Governor”. That could arise from illness, but the Letters Patent do not define “unable to act”. This creates ambiguity. The Governor may be temporarily incapacitated but not wishing to formally step aside; if the Governor does not appoint a deputy (clause XVI) and does not trigger an Administrator, the government continues without formal delegation. But if there is any doubt, an Administrator might step in prematurely or belatedly. Second, clause XII defines “vacancy” only for the purpose of clause XI: it deems a vacancy if the Governor vacates the office. It does not address vacancy due to death or removal; presumably those also count as vacating. But if the Governor dies, there is no formal “vacancy” defined in clause XII? The clause says “there shall be deemed to be a vacancy in the office of Governor if the Governor vacates the office”. Death is not vacating; it terminates the office. The language may be interpreted to cover death, but it is not explicit. That could cause a delay in the Administrator’s assumption if the Chief Justice hesitates. Third, the six-week limit in clause XVI for a deputy might be easily overlooked. If a Governor needs longer leave, an Administrator must be appointed under clause XI instead. The deputy appointment is not renewable? The clause says “for a period not exceeding 6 weeks”. It does not say a new appointment cannot be made after that period, but such a reading would circumvent the limit. A prudent construction is that a deputy cannot be appointed for consecutive periods to bypass the six-week maximum. Fourth, the quorum requirement in clause IX is that at least two members other than the Governor or any member presiding are present. If only one other member turns up, the meeting cannot proceed even if the Premier is that member. This could be used to block government business. Fifth, the Governor must convene a meeting if so advised by the Premier or Acting Premier (clause IX). That imposes a mandatory duty, but what if the Governor refuses? There is no enforcement. Convention and the possibility of removal are the only remedies. Sixth, the oaths requirement in clauses XVII, XVIII, XIX applies before “assuming office” or “before performing or exercising any power or function”. If a person begins to act without taking oaths, all acts done may be void. In particular, an Administrator who assumes administration without taking the oath (if not the Lieutenant-Governor) could render all decisions invalid until the oath is taken. This is a high-stakes procedural hurdle. Seventh, the Public Seal is required for sealing all instruments that require it (clause IV). Not every government instrument needs the public seal; some may be signed by the Governor alone. But if an instrument requires the seal and the Governor fails to use it, it may be invalid. Eighth, clause XX says existing commissions continue subject to the Letters Patent. That means a Governor appointed under the 1900 Letters Patent could still be Governor after 1986, but subject to the new provisions. The new provisions include being able to be removed at pleasure, which was also the case under the old letters. No issue arises, but if the old Letters Patent had different quorum rules, the change might have been unexpected. Ninth, clause XIII says the Lieutenant-Governor “shall be the Administrator”. That appears to be a mandatory appointment: if a Lieutenant-Governor exists, that person automatically becomes Administrator when the conditions in clause XI are met. No further commission or oath is needed for the Administrator role - the oath for Lieutenant-Governor already covers it. But what if the Lieutenant-Governor is also absent? The clause says “if the Lieutenant-Governor is unable to act as Administrator or is absent from the State then the Chief Justice … shall be the Administrator”. The Lieutenant-Governor’s absence from the State triggers the judge, but what if the Lieutenant-Governor is present but unwilling? The clause says “unable to act” - does that include unwillingness? Literally, “unable” implies incapacity, not unwillingness. If the Lieutenant-Governor simply refuses, there may be a gap. Tenth, the commencement clause (XXIII) ties the Letters Patent to the Australia Acts coming into force. The Australia Acts came into force on 3 March 1986 at 5 a.m. GMT. If there was any delay in state acceptance, it could have affected validity, but it is now settled. Finally, the reserved power to amend (clause XXII) may give a false sense of flexibility. As noted, after the Australia Acts, the UK Crown may not have power to amend unilaterally. Any amendment would likely require state request and Commonwealth consent. Relying on the Letters Patent as easily changeable could be a mistake.

Compliance with the Letters Patent requires careful attention to the procedures for appointment, assumption of office, meetings, and documentation. For a person appointed as Governor: ensure a Commission under the Queen’s Sign Manual is issued and accepted. Before assuming office, take the Oath or Affirmation of Allegiance and the usual Oath or Affirmation of Office before the Governor (if there is an outgoing Governor) or before the Chief Justice of Western Australia or another Supreme Court judge (clause XVII). Record the date and place of the oath. Then cause the Commission to be published in the Western Australian Government Gazette (clause XXI). Keep the Public Seal of the State in a secure place (clause IV). Use it whenever an instrument is required to bear the seal (e.g., commissions, proclamations). For Executive Council meetings: convene meetings as needed, and ensure a quorum of at least two members other than the Governor or any member presiding is present (clause IX). If the Premier or Acting Premier advises a meeting, convene it promptly. Preside over meetings unless unable; if unable, appoint a member to preside, or note that the senior member in order of appointment will preside (clause VIII). Record minutes as is standard. For appointments to the Executive Council: issue a commission under the Public Seal (clause VII). The appointee must take the required oaths before assuming office (clause XIX). Publish the appointment in the Gazette? Clause XXI only requires publication of appointments of Governor, Lieutenant-Governor, Administrator, and deputy. It does not explicitly require gazettal of Executive Council appointments, but it would be prudent to do so. For the Lieutenant-Governor: if the Government decides to have one, a Commission under Sign Manual is needed (clause XV). The appointee takes oaths before the Governor or a Supreme Court judge before assuming office (clause XVII). Publish the Commission in the Gazette (clause XXI). The Lieutenant-Governor automatically becomes Administrator if conditions in clause XI arise (clause XIII). Ensure the Lieutenant-Governor is aware of that role. For an Administrator (other than the Lieutenant-Governor): if a vacancy occurs or the Governor is unable to act and no deputy is appointed, the Chief Justice or next senior judge present and able to act becomes Administrator (clause XIII). That judge should first take the oath of allegiance and office before assuming administration (clause XVII). The oath can be taken before the Governor (if still in office) or before a Supreme Court judge. Publish the fact that the Administrator has assumed administration? Clause XXI requires publication of the Commission appointing an Administrator, but if the Administrator arises by operation of clause XIII (judge), there is no separate Commission. The Letters Patent do not say to publish the assumption, but it would be prudent to gazette a notice that the Chief Justice has become Administrator. Then the Administrator has all powers of the Governor (clause XIV). For a deputy of the Governor: obtain the consent of the Executive Council (clause XVI). The appointment must be for a period not exceeding six weeks. The deputy should be the Lieutenant-Governor, or if none, the Chief Justice or next senior judge. If the deputy is not the Lieutenant-Governor, they must take the oaths before performing any functions (clause XVIII). Publish the appointment in the Gazette (clause XXI). Ensure the Governor remains able to exercise powers concurrently (clause XVI). For the Governor: do not rely on a deputy for longer than six weeks; if longer absence is needed, let the Administrator take over (clause XI). If the Governor is temporarily off the coast (e.g., on a boat at sea), that is not considered absence from the State (clause XII), so no need for Administrator. Keep a record of all oaths taken and commissions issued. Any person who is required to take oaths should have the text of the oaths ready, as the Letters Patent do not specify the wording; the “usual” oaths are those prescribed by other laws. The Governor, Lieutenant-Governor, Administrator, deputy, and Executive Council members should all be aware that they hold office during pleasure and can be removed without cause. For legal practitioners advising on the validity of government actions: always check that the person exercising the power had lawful authority under these Letters Patent (e.g., no expired deputy appointment, oaths taken, quorum met, Public Seal used where required). If there is any doubt, seek production of the oath certificate, the Commission, and the Gazette notice. For Parliament or government considering amendment: note that clause XXII reserves power to the Crown, but the Australia Acts likely require state request and Commonwealth consent before any amendment can be made. Amendment would best be done by state legislation that directly regulates the Governor’s powers, rather than by attempting to revoke or alter the Letters Patent unilaterally from Westminster.