3.3 Absence of Governor
When the Governor is unable to perform duties for whatever reason, provision has been made for the appointment of an Acting Governor or Deputy Governor to exercise the Governor's powers until the Governor is able to do so.
Section 40 of the Constitution of Queensland 2001 provides that the Governor's powers may be delegated in the first instance to the Lieutenant-Governor of the State, if there is one, or the Chief Justice or the next Senior Judge of the Supreme Court, to administer the Government of the State in the event of the office of Governor becoming vacant, the Governor assuming the administration of the Government of the Commonwealth, or the Governor being incapable or absent from the State. 4 Currently, there is no appointed Lieutenant-Governor in Queensland.
However, in the event of the Governor being temporarily absent for a short period from the seat of government, but not from the State, or being ill (and there exist reasonable grounds for believing the illness will be of short duration), the Governor may, in accordance with section 40 of the Constitution of Queensland 2001, by an instrument under the Public Seal of the State, appoint a Deputy Governor.
Where the Governor is absent from the State section 41 of the Constitution of Queensland 2001 provides for an Acting Governor to assume administration of the State by way of a Proclamation.
When the Governor's absence includes a scheduled Executive Council meeting the Acting Governor or Deputy Governor presides at Executive Council in the Governor's absence.
The Executive Council Secretariat will inform Departments of the appointment of an Acting Governor or Deputy Governor so that Executive Council documents may be prepared accordingly.
4. No Lieutenant-Governor has been appointed in Queensland for over fifty years. If a Lieutenant-Governor was appointed, this would only mean that the Lieutenant-Governor would act as Governor in preference to a member of the judiciary.
