Governor of New South Wales - Appointment

Appointment

The governor is required by the Constitution Act, 1902. As such, the Australian monarch approves with commission issued under the royal sign-manual and Public Seal of the State her New South Wales Premier's recommendation for viceroy, who is from then until being sworn-in referred to as the governor-designate.

Besides the administration of the oaths of office, there is no set formula for the swearing-in of a governor-designate. The constitution act stipulates that: "Before assuming office, a person appointed to be Governor shall take the Oath or Affirmation of Allegiance and the Oath or Affirmation of Office in the presence of the Chief Justice or another Judge of the Supreme Court." The sovereign will also hold an audience with the appointee and will at that time induct the governor-designate into the Order of Australia as Companions (AC).

The incumbent will generally serve for at least five years, though this is only a developed convention, and the governor still technically acts at Her Majesty's pleasure (or the Royal Pleasure). The premier may therefore recommend to the Queen that the viceroy remain in her service for a longer period of time, sometimes upwards of more than seven years. A governor may also resign and three have died in office. In such a circumstance, or if the governor leaves the country for longer than one month, the Lieutenant Governor of New South Wales, concurrently held by the Chief Justice of New South Wales since 1872, serves as Administrator of the Government and exercises all powers of the governor. Furthermore, if the Lieutenant Governor becomes incapacitated while serving in the office of Governor, the next most senior judge of the Supreme Court is sworn in as the Administrator.