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The Bi-partisan appointment republican model is a proposal for Australian constitutional change. If approved at referendum, the model would establish Australia as a republic with a President appointed by a two thirds majority of the Australian Federal Parliament. The proposed amendment was put to electors at the republican referendum on 6 November 1999 and was defeated by 54.4% in the popular vote and 6-0 in the states.

Model details

Under the model, nominations for the Head of State or President could be made by any Australian citizen or group of citizens. These would be received by a nominations committee established by Parliament. The committee would provide a report to the Prime Minister on the most suitable candidates for the position. The Prime Minister would select a candidate after securing support from the Leader of the Opposition. This bi-partisan part of the procedure gives the model its name.

The formal appointment of the Head of State would be made in a joint sitting of Parliament, attended by members of both the Senate and House of Representatives. A special two-thirds majority would be required to ratify the candidate's appointment as Head of State.

The powers of the proposed Head of State would not be substantially different from those of the Queen and Governor General. The Head of State would be vested with the powers of executive government, but those powers would be normally exercised on the advice of ministers.

Under the model, the term of the President would be five years. The President could be removed with instant effect by an instrument signed by the Prime Minister. The proposed section 62 goes on to require that the Prime Minister seek the approval within 30 days of the House of Representatives for this action and there is no sanction should this requirement not be satisfied. The failure of the House of Representatives to approve the removal of the President does not operate to reinstate the President. Any vacancy in the post would be temporarily filled by the longest-serving state governor.

Rationale

If implemented, the model would successfully establish an Federal Republic by removing constitutional links to the monarchy.

References to either Queen or Governor-General in the Australian constitution would be replaced by a reference to the President of Australia. The resulting structure would be similar to other parliamentary republics where the President has very little discretionary power ^[1].

Supporters of the model say that the appointed President would carry out his or her duties in a very similar fashion to the current Governor-General, as the method of appointment requires the combined support of the major political parties. The President would continue to act on the advice of the Prime Minister, as to do otherwise would invite dismissal. Consequently, the change to a republic is argued to have minimal impact on the rest of Australia's parliament and government ^[2].

The 1999 referendum was limited to the federal jurisdiction, with 4 out of the 6 states requiring a further vote to complete the process of formally ending the Australian Monarchy.

Critique of the model

The model is criticised for its lack of democratic qualities. The Head of State is not elected by the people and the Prime Minister may legally ignore all nominations made by ordinary citizens.

The proposed amendment would have created the only republic in the world without an impeachment process, with President holding office at the pleasure of the Prime Minister.

Supporters of Constitutional Monarchy argued the power of the parliamentary executive would go unlimited under the proposed s.59, with a prescribed Presidential obligation to act on ministerial advice.

Alternatively, the model has been criticised for its bi-partisan mechanism. According to some, the deliberate seeking of support by the Prime Minister to the Opposition Leader, who are by definition political adversaries, may influence the outcome of other policy contests. The mandate implicitly conferred by two-thirds of the parliament may encourage the President to make use of reserve powers.

History

The model was originally developed by legal academic George Winterton, and influenced by similar systems used in Europe. The central concept was for a President, appointed by a two-thirds majority of parliament. Subsequent to a judicial process, the President could be dismissed by an absolute majority in both houses of parliament. After consulting with other experts, the proposal with drafted amendments was published in the Independent Monthly, March 1992 and was supported by the Australian Republican Movement (ARM).

In 1993 the model was reviewed as one of four options by the Republic Advisory Committee, chaired by Malcolm Turnbull who shortly after became ARM chair. Prime Minister Paul Keating presented a slightly altered version, providing both appointment and dismissal by a two-thirds majority of parliament. He declared that this version, often called the Keating-Turnbull Model, should be put to the people.

Under Prime Minister John Howard, the model was closely examined and criticised at the 1998 constitutional convention. The model evolved to incorporate a nominations committee and authority to dismiss the Head of State was taken from the parliament and given to the Prime Minister. With these changes, the model was supported by a simple majority of 73 out of 152 delegates, 22 abstaining. An absolute majority of 89 then agreed it should be put to the people.

At the 1999 Australian republic referendum, the NO case was supported by both monarchists and those republicans who could not support the model. The YES case was supported by opposition parties, progressives and some conservatives who feared a future directly-elected president. The referendum failed, especially in rural and outer suburban electorates.

After the defeat, the Australian Republican Movement downgraded the model's status from preferred to one of six possible options. Its long-term future is likely to depend on the result of a proposed models plebiscite, which would allow electors to directly show their support for this version of republicanism.

References

Road to a Republic (2004, Senate Printing Unit)
Turnbull, Malcolm 'An Australian Republic' (1993, AGPS Canberra)
Six Models for an Australian Republic http://www.republic.org.au/6models/6models.pdf

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 The model is criticised for its lack of [[democracy|democratic]] qualities. The Head of State is not elected by the people and the Prime Minister may legally ignore all nominations made by ordinary citizens.
-A controvesial aspect of the proposed amendment was the lack of an [[impeachment]] as per all other republics throughout the world, with President holding office at the pleasure of the Prime Minister.
+The proposed amendment would have created the only republic in the world without an [[impeachment]] process, with President holding office at the pleasure of the Prime Minister.
 Supporters of [[Constitutional Monarchy]] argued the power of the [[parliamentary executive]] would go unlimited under the proposed s.59, with a prescribed Presidential obligation to act on ministerial advice.