Does the Governor-General have a Conflict of Interest?

Governor-General Quentin Bryce and Bill Shorten

The Governor-General, Quentin Bryce is between a rock and a hard place. Her daughter is married to Labor man Bill Shorten and he just happens to be one of the men who instigated Kevin Rudd's asassination. While Julia Gillard and Tony Abbott strive to get the numbers to put them over the line, there's been a suggestion that she should excuse herself from proceedings.

Nominated for the position of Governor-General by Kevin Rudd, it could be said that she has definite Labor leanings. Quentin Bryce was one of the first women accepted to the Queensland bar and she's sought legal advice as to whether a conflict of interest does in fact exist with her role in appointing the next Australian Government.

If Ms Bryce comes to the conclusion that there could be a conflict of interest, the job of resolving a political deadlock could fall to the longest-servicing state Govenor which is Marie Bashir in NSW. The power to appoint a Prime Minister in the event of a hung parliament is the socalled "reserve powers" of the Governor-General. However, law experts can't agree whether there is a potential conflict or not.

Professor George Williams said Ms Bryce had done the right thing is seeking advice. "It's good that she's acted early in a proactive way to get it looked at. If everything runs as it should, no conflict issue can arise because it will be Parliament that will make the decision and that will be the end of the matter. But if things do go awry, and extraordinary things do happen, and she finds herself in the middle of a political maelstrom, I think there is a possibility that perceptions are strong enough that it would be wise not to provide a distraction and to ensure that any decision is made without even the slightest suggestion of a conflict".

And ethicist Leslie Cannold and Melbourne Barrister Peter Faris QC say that Ms Bryce's family link is a clear case of perceived bias. Mr Maris suggested she hand her role over to the Chief Justice of the High Court.

Those of us old enough will remember when Gough Whitlam came out onto the steps of Parliament House back in 1975 and said "Well may we say God save the Queen because nothing will save the Governor-General". Sir John Kerr consulted High Chief Justice Sir Garfield Barwick before he dismissed Whitlam.

The present High Chief Justice Robert French has said that neither he or other High Court judges would advise the Governor-General in case the matter ended up before them in court. He said that fateful meeting of Sir John and Sir Garfield on the 10th November 1975 "was - and remains a controversial matter, but if only on that account, will never happen again".

What a pickle.