The Forum > General Discussion > Should the green senator resign?
Should the green senator resign?
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As a matter of legal technicality, I don't think the Governor-General asks to take leave. The Constitution would certainly appear to provide in generality for such an eventuality, in its Section 126. If I have understood Sir David Smith correctly in some of his published observations as to the Vice-Regal office, it appears Her Excellency herself would be the effective first and final authority with respect to the taking and granting of leave. Section 126 provides for the appointment of a deputy to exercise "... such powers and functions of the Governor-General as [she] thinks fit to assign ...".
I'd be ringing General Mike Jeffery and enquiring as to his health, and, in amongst the polite small-talk I'd be sounding him out as to whether he could see his way clear to covering for me whilst I took a bit of leave. If I was perceived as standing where Her Exellency stands, that is. There would be absolutely no question as to the acceptability to the Australian public of General Jeffery standing in as Deputy G-G, he having been HE's predecessor and all. Like I said, Section 126 provides "in generality". It would be a shame not to exhaust every aspect of the meaning of that expression, wouldn't it?
The Letters Patent gazetted in No. S 334 of 24 August 1984 don't seem to envisage such a situation as is entertained above, and consequently attempt no constraint of the possible actions of the G-G permitted by the Constitution in such a postulated scenario.
Fully so deputised, Mike could fire somebody, if necessary!