Philip Benwell, MBE

Matters of State

Matters of State

Articles now appearing in the media calling for the Queen to abdicate due to her mobility problems completely fail to understand both Her Majesty herself and the meaning of the Coronation Oath she took 69 years ago.

Public Banned from Jubilee Events

The disgraceful act of a new government
The People Banned from Official Platinum Jubilee Events

Just days after taking the reins of power, the new Federal Government (through the Department of Prime Minister and Cabinet) have prevented everyday Australians from attending the two main national celebrations of the Platinum Jubilee of Queen Elizabeth II in Canberra.

People Banned from Jubilee Events

Issued on 31/5/22

The disgraceful act of a new government
The People Banned from Official Platinum Jubilee Events

Just days after taking the reins of power, the new Federal Government (through the Department of Prime Minister and Cabinet) have prevented everyday Australians from attending the two main national celebrations of the Platinum Jubilee of Queen Elizabeth II in Canberra.

On Tuesday 31 May 2022, the Australian Government's official Platinum Jubilee website was updated to say that Platinum Jubilee Beacon lighting ceremony, which commences official celebrations of The Queen's 70 years on the throne on Thursday 2 June, is "an official invitation only" event, meaning that only a select group of invited politicians and officials can attend.

This is an absolute disgrace. The Platinum Jubilee Beacon lighting ceremony is an outdoor event to be held in a large public space, [We presume the forecourt of Parliament House]. This was the setting for the Diamond Jubilee in 2012, which Prime Ministers Gillard and Abbott attended] meaning there can be no excuse for the public being excluded.

After all, Parliament House is supposed to be 'The People's House' where their government sits; a government in which The Queen is, in the words of former Prime Minister Julia Gillard "...a vital constitutional part, not a guest" (Speech by PM Julia Gillard, 20 October 2011 - see The Sydney Morning Herald, 21 October 2011, Queen welcomed to Parliament House (smh.com.au)

In an even more shameful move, the public have been prevented from attending the Aspen Island renaming ceremony on Saturday 4 June 2022, a ceremony at which the island on Lake Burley Griffin will be renamed Queen Elizabeth II Island and the Queen Elizabeth Water Gardens dedicated.

This will be the nation's most lasting tribute to a sovereign who has selflessly served the people of Australia for 70 long and eventful years, but politicians are preventing the people from taking part in the celebrations.

Given that the Island is an open-air venue with a great deal of space for members of the public to stand or sit, the fact that they are being denied access and ignored indicates where the sympathies of political elites and bureaucrats lie. On every one of her many visits to the nation's capital,

The Queen has been welcomed by thousands of eager well-wishers and admirers from all walks of life, including on Aspen Island itself: The Queen officially opened the National Carillon there on 26 April 1970.

All that the public will be able to witness are the RAAF planes flying over the Lake and a 21-gun salute firing in the distance; from the ceremonies and official events they are barred.

That the Australian people have been excluded at the last minute from celebrating their sovereign's Platinum Jubilee at the heart of these national events is shameful, and it is fervently hoped that the decision will be reversed and the events opened to the public.

Philip Benwell

National Chair
Australian Monarchist League

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2022 COALITION CANDIDATES

QUESTION: “If a referendum on a republic bill is introduced into the parliament, will you vote for it and support change to a republic or against it thereby supporting the retention of our system of constitutional monarchy?”

LIST OF LIBERAL CANDIDATES
according to the Liberal Party website

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The 2022 Federal Election - Coalition or Labor/Republican?

AML Surveys

From time to time we ask questions on various issues which help us to know what our supporters and potentially the wider community are thinking. With the possibility of an Albanese republican government, with a Minister for a Republic, in place in a few months’ time it is important for us to get some idea of this thinking to enable us to prepare.

The following survey is to ascertain whether our members would prefer the Liberal/National Party to remain in power or whether they favour a Labor government even though it is committed to a republican agenda. The way our voting system is set up, it can only be one or the other at this stage.

In no way do we wish to breach confidentiality and participation in the survey is totally optional. All answers will be kept confidential.

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PLATINUM JUBILEE EVENTS

The Queens Platinum Jubilee Events to come:

Donate to The Platinum Jubilee Concert

The Platinum Jubilee Concert

Pointers Against Republic Model

THE ARM REPUBLIC MODEL 2022

• Only the politicians will be allowed to select nominees for election. This means that control will be in the hands of the Labor Party and the Coalition as they control the State & Federal parliaments. 
  
  
• An elected president could easily be dismissed by a joint sitting of Parliament with a 50% +1 vote meaning that a president would think twice about opposing the aspirations of the government.
  
  
• The president will be mainly restricted to ceremonial duties with limited authority. This means that there will be more power in the hands of politicians.
  
  
• Electing a president means giving him or her a greater mandate than that of the government. The president will have been elected as president by the people whereas the Prime Minister would not have been elected as Prime Minister. This could lead to a political crisis if the views and objectives of a president clash with those of the government.

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Text of 2022 Republic Model

THE AUSTRALIAN CHOICE MODEL

 Although the term ‘head of state’ is used throughout this document and amendments, the ARM will continue consultation regarding the title of the role.

The Australian Choice Model proposes that:

1. each State and Territory Parliament nominates one candidate; and
2. the Federal Parliament nominates up to three candidates.

Each of the parliaments would be empowered to develop their own nomination methods to determine their nominee(s). However they choose to do this, it will be in their interests to nominate candidates that are likely to have broad public appeal.

This will ensure a diverse cross-section of nominees are put forward from across the country, each of whom has a reasonable prospect of achieving both local and national support.

Australians will be eligible to be nominated by their State/Territory parliament or the Federal Parliament if they are:

1. an Australian citizen;
2. they are eligible to be elected to the House of Representatives;
3. they are not a current sitting member of any Australian parliament; and have not previously served more than one term as Head of State.

The short-list of up to eleven nominees would then be put to a national election, with all Australian voters able to vote for their preferred candidate.

The Australian Republic Movement believes the same method of election currently used for the House of Representatives (full preferential, single-transferable vote) should be used for the election of the Head of State.

The Head of State would be elected for a five-year term. A two-term limit would be imposed.

We expect all Australian parliaments would avail themselves of the opportunity to nominate their preferred candidate(s) - it would be unusual for a state or territory to decline the opportunity to nominate one of their residents. However, if for whatever reason only one nomination is put forward by Australia’s parliaments, the ARM believes the decision as to whether or not the person serves as Australia’s Head of State should remain in the hands of voters. In this instance, voters would have the opportunity to confirm or reject the election of that candidate.

Proposed Amendment to the Constitution

Chapter IX—Election and removal of Head of State

129 Eligibility to be Head of State

A person is eligible to be Head of State if the person is:

(a) an Australian citizen and qualified to be elected to the House of

Representatives in accordance with section 34 of this Constitution;

1. b) not disqualified from sitting as a member of the House of Representatives in accordance with section 44 of this Constitution;

(c) not a member of the House of Representatives or the Senate or a candidate standing for election to the House of Representatives or the Senate, if writs for elections to the House of Representatives or Senate have been issued;

(d) not a member of any State or Territory parliament, or a candidate standing for election to any State or Territory parliament, if writs for elections to any State or Territory parliament have been issued; and

(e) not a person previously elected as Head of State for more than one term.

Proposed Amendment to the Constitution

130 Nomination for election as Head of State

The Parliament of the Commonwealth of Australia may nominate up to three eligible persons to stand as candidates to be elected as the Head of State.

The Parliament of each State or Territory which is represented in the Senate or the House of Representatives in the Parliament of the Commonwealth, may nominate one eligible person to stand as a candidate to be Head of State.

The Parliament of the Commonwealth and the Parliaments of each nominating State or Territory may, subject to this Constitution, adopt such procedures as they see fit to select eligible persons nominated to stand as candidates to be Head of State, provided that the nominations are made at least 60 days prior to the next date for election for Head of State.

For the purposes of this section, a State or Territory is represented in the House of Representatives, if there is at least one electoral division in the House of Representatives, the boundaries of which are wholly and exclusively within that State or Territory.

Proposed Amendment to the Constitution

131 Elections for Head of State

A Head of State shall be elected by the people of the Commonwealth from among the people nominated for election pursuant to section 130.

In the event that only one person is nominated for election for Head of State, an election to confirm or reject the appointment of the nominee shall nevertheless be held.

The Parliament of the Commonwealth may make laws consistent with this Constitution about the method of election of the Head of State.

The first election for Head of State shall occur in the month that is the fourth month after the commencement of this Chapter of the Constitution.

The election for Head of State shall thereafter occur every five years in the month in which the fifth anniversary of the previous election for Head of State falls.

Subject to section 132, a person elected Head of State holds office for a term of five years.

Before assuming office, the Head of State shall take an oath or affirmation of allegiance in the form set forth in the schedule to this Constitution.

The Australian Choice Model confirms that on most matters the Head of State will act on the advice of the government of the day. The limited exceptions to this would be:

When appointing the Prime Minister. They must determine who they believe is most likely to form a Government who commands the confidence (has majority support) of the House of Representatives;

Terminating the appointment of a Prime Minister.

If a Prime Minister no longer commands the confidence of the House of Representatives, they are expected to resign. If they do not, the Head of State can terminate their appointment and appoint a person who has majority support. Importantly, the Australian Choice Model enshrines the current practice, and prohibits a Head of State from terminating the appointment of a Prime Minister who retains the confidence of the House;

When summoning Parliament to determine who has the confidence of the House of Representatives. There may be times when it is not clear who should be appointed as Prime Minister. In these instances the Head of State can test the support of the prospective or incumbent Prime Minister by recalling Parliament for that purpose; and

Calling an election where the confidence of the House remains indeterminate for more than seven days. This allows time for the Parliament to come to an agreement about who should be Prime Minister, or otherwise provides the Head of State with the option of bringing forward an election to resolve the impasse.

Proposed Amendment to the Constitution

5 Sessions of Parliament.  Prorogation and dissolution

The Head of State in Council may prorogue Parliament and appoint times for holding the sessions of the Parliament.

(i) Summoning Parliament

After any general election the Parliament shall be summoned to meet not later than thirty days after the day appointed for the return of the writs.

(ii) Dissolution of the House of Representatives

The Head of State shall, by Proclamation, dissolve the House of Representatives where a Prime Minister who holds the confidence of the House of Representatives so requests.

The Head of State may, by Proclamation, dissolve the House of Representatives

(a) where the confidence of the House of Representatives is indeterminate for a period of no less than seven consecutive days; or

(b) In accordance with the procedure for a simultaneous dissolution of both the House of Representatives and the Senate, as provided for in section 57; and not otherwise.

(iii) The Head of State may summon the House of Representatives for the purpose of determining the confidence of the House of Representatives. The Head of State does not act in Council or on ministerial advice when summoning the House of Representatives to determine confidence or when making a Proclamation under section 5(ii)(a) dissolving the House of Representatives.

32 Writs for general election

The Head of State may cause writs to be issued for general elections of the House of Representatives when the Parliament has expired.

If the Head of State has issued a proclamation to dissolve the House of Representatives, pursuant to section 5, the Head of State must cause writs to be issued for general elections of members of the House of Representatives.

The writs shall be issued within ten days from the expiry of a House of Representatives or from the proclamation of a dissolution thereof.

Proposed Amendment to the Constitution

57 Disagreement between the Houses

If the House of Representatives passes any proposed law, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, and if after an interval of three months the House of Representatives,  in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives  will

not agree, the Head of State may, on the advice of the Prime Minister, dissolve the Senate and the House of Representatives simultaneously. But such dissolution shall not take place within six months before the date of the expiry of the House of Representatives by effluxion of time.

If after such dissolution the House of Representatives again passes the proposed law, with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the Head of State may convene a joint sitting of the members of the Senate and of the House of Representatives.

The members present at the joint sitting may deliberate and shall vote together upon the proposed law as last proposed by the House of Representatives,  and upon amendments, if any, which have been made therein by one House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives,  it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to the Head of State for assent.

Proposed Amendment to the Constitution

63 Provisions referring to the Head of State

Unless otherwise expressly provided, the provisions of this Constitution referring to the Head of State shall be construed as referring to the Head of State acting upon ministerial advice or with the advice of the Federal Executive Council.

As it stands, the Australian Constitution includes no mention of the role of Prime Minister. In order to define the powers of the Head of State and remove the current ambiguity that exists, the Australian Choice Model incorporates the established concept of a Prime Minister into the Constitution and defines the role of the Head of State in appointing and removing them.

Proposed Amendment to the Constitution

70A Office of Prime Minister

(i) The Head of State shall appoint a person to be known as the Prime Minister to be the Head of the Government of the Commonwealth.

(ii) Following a general election, or when there is otherwise a vacancy in the office of Prime Minister, the Head of State shall appoint as Prime Minister the person whom the Head of State believes most likely to be able to form a Government which will command the confidence of the House of Representatives.

(iii) The Prime Minister shall not hold office for a longer period than three months unless the Prime Minister is or becomes a member of the House of Representatives.

(iv) The Prime Minister shall hold office, subject to this Constitution, until the Prime Minister dies, resigns, or the Head of State terminates the Prime Minister’s appointment. The Head of State does not act in Council or on ministerial advice when terminating a Prime Minister’s appointment.

(v) The Head of State shall not terminate the appointment of a Prime Minister who holds the confidence of the House of Representatives.

Traditionally, the Governor-General, acting as the King or Queen’s representative is also required to approve (‘give assent’) to all laws passed by Parliament.  They arguably also have the power to refuse to do this, and to return laws to the parliament with their own proposed amendments at their discretion.

The Australian Choice Model entrenches the long-established expectation that the Head of State should have no role in setting or rejecting policy or interfering in matters of political policy. Proposed laws passed by Parliament will be automatically given assent after seven days, unless the Head of State is advised to assent to the laws sooner. Proposed laws may be returned to the Parliament with proposed amendments on the advice of the Federal Executive Council only. The current power afforded to the British Queen or King to disallow laws within one year of assent or reserve a law for assent after two years will be abolished. A Head of State will have no discretion to overrule the Parliament on proposed laws.

The same clarification is provided in relation to amendments approved by Australians at a referendum:  the current Australian Constitution provides some discretion to the Governor-General to refuse to approve a proposed constitutional change that has been approved by voters at a referendum.  The Australian Choice Model ensures the Head of State must give assent to changes endorsed by the Australian people at a referendum.

Proposed Amendment to the Constitution

58 Assent to Bills

A proposed law passed by both Houses of the Parliament shall be taken to have received assent on the expiration of the seventh day following its passage unless the Head of State grants assent earlier.

59 Recommendations by Head of State

The Head of State in Council may return to the House in which it originated any proposed law so presented for assent and may transmit therewith any amendments which the Head of State in Council may recommend, and the Houses may deal with the recommendation.

128 Mode of altering the Constitution 

And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Head of State who shall assent to it.

The ARM strongly believes that everyone who holds public office must be able to be

held to account, which is something that is currently impossible to do for our Head of State without first changing the Constitution. The Australian Choice Model would allow the Head of State to be removed from office for proven misbehaviour or incapacity by a motion passed by both Houses of Parliament.  This is the same process for the removal of a justice of the High Court.

If a Head of State is incapacitated, removed from office, resigns or otherwise unable to fulfill their duties, the most senior available Governor of a State will act as Head of State until the Head of State can return to office or an election can be held to fill the Head of State vacancy.

Proposed Amendment to the Constitution

4 Provisions relating to Head of State

The provisions of this Constitution relating to the Head of State and all other powers vested in the Head of State extend and apply to the Head of State for the time being. In the event of the absence out of Australia, incapacity, or unavailability of the Head of State, the administration of the Commonwealth shall pass to the senior available Governor of a State for the period of the Head of State’s absence, incapacity or unavailability, until the Parliament otherwise provides. No such person shall be entitled to receive any salary from the Commonwealth in respect of any other office during that person’s administration of the Government of the Commonwealth.

132 Ceasing to be Head of State

A person ceases to be Head of State if:

(a) the Head of State resigns in writing to the Prime Minister or if there is no

Prime Minister, to the President of the Senate; or

(b) a motion is passed by both Houses of the Parliament in the same session for removal of the Head of State on the ground of proved misbehaviour or incapacity; or

(c) the Head of State ceases to be eligible to be Head of State in accordance with section 129.

If a person ceases to be Head of State, and there are more than four months of that person’s term as Head of State remaining, then an election for Head of State shall occur in the month that is the fourth month after the date upon which that person ceased to be Head of State. Subject to this section, the person thereby elected Head of State holds office for a term of five years.

133 Remuneration of the Head of State

The Head of State shall receive such remuneration as the Parliament may fix; but the remuneration shall not be diminished during the Head of State’s continuance in office.

Proposed Amendment to the Constitution

Schedule 1

OATH

I, A.B., do swear that I will be loyal to the Commonwealth of Australia and the Australian people whose Constitution and laws I shall uphold. SO HELP ME GOD!

AFFIRMATION

I, A.B., do affirm that I will be loyal to the Commonwealth of Australia and the Australian people whose Constitution and laws I shall uphold.

We believe this should also apply to Members of Parliament, who currently swear allegiance to the Queen rather than to Australians.

Continuing Consensus Building

We acknowledge that it may be appropriate to include a preamble at the beginning of the body of the Constitution, but recognise that any such preamble requires substantive consultation, especially with First Nations people about its form. We have not set out to pre-empt the outcome of this consultation and look forward to furthering that discussion.

We have also considered the position of the Australian states, each of which have a Governor representing the British King or Queen. State-level reforms are not a pre-condition of change occurring at a national level. The Australian Choice Model maintains the rights of states to consider these state-level reforms independently and does not seek to impose change on state constitutional arrangements.

END

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Vote No Republic

ACTION STATIONS

The Australian Monarchist League is above party politics but our mandate is to fight a republic and unfortunately moves towards a republic has become part and parcel of a Labor government.

Accordingly, with the election of the Labor/Republic government, we must now prepare to face what we believe will be an insidious campaign funded by you — the taxpayer — to indoctrinate the Australian people into accepting the removal of the Crown and its replacement by the politician controlled State. 

Below are links to pages within this section:

Please donate to our Appeal - vote_no_republic_donate

Fundraising Dinner July 1 dinner_with_m_cunneen

Petition for Constitution Minister petition_for_constitution_minister

Please Contribute please_contribute

People Bannepeople_banned_from_jubilee_events

The Campaign starts action_stations

The 2022 Republic Campaign page was originally created following the release on 12 January 2022 of the model proposed by the Australian Republic Movement to be put to the people at a future referendum.

The Australian Monarchist League immediately responded with our views and you can read our comments from the links below.

Also included, is the text of the details released by Peter FitzSimons on 12/1/22 as well as other material relevant to our campaign to retain the Crown within the Australian Constitution.

More information will be included over the next few weeks.

• Text of 2022 Republic Model
• Pointers Against Republic Model
• 2022 Coalition Candidates
  
  

Loyal Greetings to The Queen on the Occasion of Her Platinum Jubilee

The Queens Platinum Jubilee

We invite all those who wish to honour Queen Elizabeth II on reaching 70 years on the throne to sign the below tribute and also include a personal greeting.

Please note that your comments should be no longer than one sentence and should not contain any commas. Due to space requirements, we will not be able to include anything longer than 30 words.

TO: H.M. Queen Elizabeth II

Your Majesty

May it please Your Most Gracious Majesty to receive the Loyal Greetings of the members and supporters of the Australian Monarchist League, and particularly of those named hereunder, on the occasion of Your Majesty’s Platinum Jubilee.

We send to Your Majesty our heartfelt wishes and pray that this year will bring happiness, good health and many blessings as the entire Commonwealth pays tribute to you for your constant service and duty to us all.

PM Announces Platinum Jubilee

In my email of the 22nd of December 2021, I mentioned that the Special Minister of State confirmed to me that the government will be celebrating the Platinum Jubilee in a manner that he is sure we will all agree with and that it will be a worthy tribute to the Queen.May I take this opportunity to wish you a very happy New Year. Let us all hope that we will see the end of the pandemic during this year and furthermore, that this New Year will bring many blessings to you and your family.

It is now my pleasure to bring to you a formal announcement made by the Prime Minister and released a few minutes ago outlining just a few of the plans to be held by the government to honour the Queen in this, the year in which she will, in a few weeks’ time, reach 70 years as our sovereign.

Her Majesty is already the longest reigning Queen and the fourth longest reigning monarch in known world history and in a few years’ time she will surpass Louis XIV who reigned for 72 years, 110 days from 1643 to 1715.

We wish our very best to Her Majesty and I will shortly be in touch offering an opportunity for our members to send their greetings to this gracious lady who has been a part of our lives for so long.

Yours sincerely

Philip Benwell
National Chair