John Kerr (governor-general)

Sir John Robert Kerr, AK, GCMG, GCVO, QC (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th governor-general of Australia, in office from 1974 to 1977.

He is primarily known for his involvement in the 1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister Gough Whitlam and appoint Malcolm Fraser as his replacement, which led to unprecedented actions in Australian federal politics.

His legal career was interrupted by the Second World War, during which he served with the Australian Army's Directorate of Research and Civil Affairs (DORCA) and attained the rank of colonel.

Kerr regarded the situation as untenable, believing the prime minister was obliged to either resign or call a general election, which Whitlam was unwilling to do.

He immediately granted Fraser's request for a double dissolution, leading to a federal election that saw Whitlam and the ALP defeated in a landslide.

The dismissal of the government sparked demonstrations from Whitlam's supporters, with the anger directed at Kerr a major factor in his early retirement in December 1977 and subsequent withdrawal from public life.

He spent World War II working for the Australian intelligence organisation and think tank,[8] the Directorate of Research and Civil Affairs.

[9]: p.142  In the early 1950s he represented Laurie Short in his successful attempts to unseat the leadership of the Federated Ironworkers' Association of Australia, where he was briefed by future ALP senator Jim McClelland.

[9]: p.144  In 1964 he was one of a group of lawyers (which also included future NSW Premier Neville Wran) who lent their expertise to the defence of the publishers of the satirical magazine Oz when they were prosecuted for obscenity.

Kerr was the first chairman of the Law Association for Asia and the Western Pacific (LawAsia), founded by Justice Paul Toose and John Bruce Piggot in 1966.

Sir Paul Hasluck was due to retire as Governor-General in July 1974, and the prime minister, Gough Whitlam, needed to find a suitable replacement.

His first choice, Ken Myer, declined; he then offered the post to Mr Justice Kerr (as he then was), who accepted on condition that he could expect to have ten years in the office, and that he could represent Australia overseas as head of state.

The Whitlam government had won a second term in May 1974 following a double dissolution and picked up an additional three Senate seats, leaving it on equal numbers with the Liberal–Country Party coalition and with the balance of power held by two independents.

In October 1975 the Liberal–Country Party opposition coalition in the Senate (led by Malcolm Fraser) voted to defer consideration of the supply bills until the Whitlam government agreed to 'submit itself to the Australian people', and a political stalemate resulted.

[18] With the full support of caucus Whitlam announced that if the Opposition continued to block Supply in the Senate, he would call an early half-Senate election in December.

On the morning of 11 November Whitlam rang Kerr and confirmed the wording of the announcement he would make in the House of Representatives that afternoon, setting the half-Senate election in train.

On 16 October, the Liberal frontbencher, Robert Ellicott (a former Commonwealth Solicitor-General) published with Fraser's approval a legal opinion which he had prepared for the Shadow Cabinet, arguing that the Governor-General had both the right and the duty to dismiss the government if it could not obtain supply.

On 17 October, Whitlam told an interviewer that the Governor-General could not intervene in the crisis in view of the convention that he must always act on the advice of his Prime Minister.

He made it clear in several conversations with ministers that he did not accept the view that the Governor-General could play no role in the crisis until supply actually ran out: he saw it as his duty to help prevent things from getting to that stage.

[9]: p.331  In so doing, Kerr was aware of the precedent set by Sir Philip Game, the Governor of New South Wales, who had dismissed Jack Lang's government in 1932.

[9]: p.357 [citation needed] So, after reconfirming that Whitlam's intention was to govern without parliamentary supply, Kerr withdrew his commission and served on him the letter of dismissal.

Over the following month, leading to the double dissolution election scheduled for 13 December 1975, Whitlam and ALP supporters constantly and intensely denigrated Kerr, no doubt in the belief that the electorate would prove sympathetic to the deposed Labor government.

[29] On one occasion his life was thought to be endangered when he was unable to leave a speaking engagement in Melbourne except by having his car drive through an angry crowd.

[9]: p.423  Kerr was appointed to the post of Ambassador to UNESCO, an office which he felt unable to take up because of continuing bitter attacks on him both inside and outside the Parliament.

"[9]: p.428 Somewhat ironically the post of Ambassador to UNESCO would later be held by Gough Whitlam, the man Kerr dismissed as Prime Minister, when Labor next returned to government in 1983 under Bob Hawke.

[32] In 1991, Kerr was confirmed to have died from a brain tumour at the Royal North Shore Hospital in Sydney where he was in a coma, survived by his three children and his second wife.

This ensured the then Labor government would not be put in the position of deciding whether to offer a state funeral, an honour that would normally be considered automatic for a former governor-general.

[13] In 1972, the Prime Minister, William McMahon, had recommended Kerr for a promotion within the order to Knight Commander (KCMG), to be announced in the 1973 New Year's Honours.

Kerr was appointed KCMG in the New Years Honours of 1974, for services as Chief Justice of NSW, on the recommendation of the UK Foreign Secretary on behalf of the Premier of New South Wales, Sir Robert Askin.

[12] On 30 March 1977 he was appointed Knight Grand Cross of the Royal Victorian Order (GCVO), an award within the personal gift of the Sovereign, for services as Governor-General.

Kerr in 1965.
Kerr (third from right) seated next to Gough Whitlam at a 1966 Law Association for Asia and the Western Pacific conference