Constitutional basis and appointment Prime Minister of Australia

australia s first prime minister, edmund barton @ central table in house of representatives in 1901.

the prime minister of australia appointed governor-general of australia under section 64 of australian constitution, empowers governor-general, official representative of monarch, appoint government ministers of state , requires them members of house of representatives or senate, or become members within 3 months of appointment. prime minister , treasurer traditionally members of house, constitution not have such requirement. before being sworn in minister of crown, person must first sworn in member of federal executive council if not member. membership of federal executive council entitles member style of honourable (usually abbreviated hon) life, barring exceptional circumstances. senior members of executive council constitute cabinet of australia.

the prime minister is, other ministers, sworn in governor-general , presented commission (letters patent) of office. when defeated in election, or on resigning, prime minister said hand in commission , returning governor-general. in event of prime minister dying in office, or becoming incapacitated, or other reasons, governor-general can terminate commission. ministers hold office during pleasure of governor-general (s. 64 of constitution of australia), theoretically, governor-general can dismiss minister @ time, notifying them in writing of termination of commission; however, power except on advice of prime minister heavily circumscribed convention.

despite importance of office of prime minister, constitution not mention office name. conventions of westminster system thought sufficiently entrenched in australia authors of constitution deemed unnecessary detail them. formal title of portfolio has been prime minister , except period of fourth deakin ministry (june 1909 april 1910), when known prime minister (without portfolio) .

if government cannot appropriation (budget) legislation passed house of representatives, or house passes vote of no confidence in government, prime minister bound convention advise governor-general dissolve house of representatives , hold fresh election.

following resignation in other circumstances, or death of prime minister, governor-general appoint prime minister person elected leader governing party or, in case of coalition, senior party in coalition. there have been 4 notable exceptions this:

when joseph lyons, prime minister , leader of united australia party (uap), died in april 1939, governor-general, lord gowrie, called on sir earle page become caretaker prime minister. page leader of smaller party in governing coalition, country party. held office 3 weeks until uap elected new leader, robert menzies.
in august 1941 menzies resigned prime minister. uap bereft of leadership @ time country party leader arthur fadden invited become prime minister, although country party smaller of 2 coalition parties. government depended on support 2 independents, 2 months later voted against fadden s budget , brought government down, paving way john curtin appointed labor prime minister.
in july 1945 john curtin died suddenly. deputy, frank forde, sworn in next day prime minister, although labor party had not had opportunity meet , elect new leader. forde served 8 days until ben chifley elected leader. chifley sworn in, replacing forde, became australia s shortest-serving prime minister.
harold holt disappeared while swimming on 17 december 1967 , declared presumed dead on 19 december. governor-general, lord casey, commissioned leader of country party, john mcewen, form government until liberal party elected new leader. mcewen prime minister 23 days, until election of (then senator) john gorton.

there 3 other cases other leader of majority party in house of representatives prime minister:

federation occurred on 1 january 1901, elections first parliament not scheduled until late march. in interim, unelected caretaker government necessary. in known hopetoun blunder, governor-general, lord hopetoun, invited sir william lyne, premier of populous state, new south wales, form government. lyne unable , returned commission in favour of edmund barton, became first prime minister , led inaugural government , beyond election.
during second parliament, 3 parties (free trade, protectionist , labor) had equal representation in house of representatives. leaders of 3 parties, alfred deakin, george reid , chris watson each served prime minister before losing vote of confidence.
during 1975 constitutional crisis, on 11 november 1975, governor-general, sir john kerr, dismissed labor party s gough whitlam prime minister. despite labor holding majority in house of representatives, kerr appointed leader of opposition, liberal leader malcolm fraser caretaker prime minister, conditional on passage of whitlam government s supply bills through senate , calling of election both houses of parliament. fraser accepted these terms , advised double dissolution. election called 13 december, liberal party won in own right (although liberals governed in coalition country party).




^ no. 14 - ministers in senate . senate briefs. parliament of australia. december 2016. 
^ parlinfo – part 6 – historical information on australian parliament : ministries , cabinets . aph.gov.au.