Today marks a significant milestone in Tasmania’s constitutional history: the bicentenary of the State’s Executive Council.
Two hundred years ago, on 3 December 1825, a proclamation by New South Wales Governor Sir Ralph Darling formally separated Van Diemen’s Land from New South Wales and established an Executive Council to advise the Lieutenant-Governor.
British Parliament had passed an Act in 1823 which provided for the creation of Van Diemen’s Land as an independent colony with its own Legislative and Executive Councils, and for the establishment of a separate Supreme Court.
While the Supreme Court had its first sitting on 10 May 1824, the proclamation of the independence of Van Diemen’s Land took a little longer. An Order in Council was made on 14 June 1825 and was proclaimed by Governor Darling on 3 December 1825.
At 1:00 pm on that same day, the first Executive Council meeting took place in the Old Government House, which was located between what is now the Hobart Town Hall and Franklin Square. That first Council comprised the Lieutenant-Governor, the Chief Justice, the Colonial Secretary, the Superintendent of Police, and the Colonial Treasurer.
Today, the Executive Council remains central to Tasmania’s exercise of executive power and helps ensure the legality and procedural regularity of the processes of government. It is made up of Ministers of the Crown, who are sworn in as Executive Councillors immediately after they are sworn in as Ministers.
Appointment to the Executive Council requires the taking of an oath of secrecy concerning the business undertaken at Council meetings. This oath binds each Executive Councillor and Clerk for life.
The Governor presides over meetings of the Executive Council. Whilst a Governor acts on the advice of the Executive Council, the Governor should be satisfied that the Executive Council's processes and actions are lawful.
For each proposed action, Ministers must cite its statutory basis and particulars of any conditions that need to be satisfied and how they have been satisfied before the power can be exercised. Advice provided can be queried by the Governor and further clarification sought. Items on the agenda can be withdrawn or postponed while further information is obtained.
Meetings of the Executive Council formerly took place at Government House, however the late Honourable Peter Underwood AC, Governor of Tasmania from 2008-2014, changed this practice so that only one member of the Council had to travel for meetings. Since then, meetings have taken place at the Executive Building in Murray Street, and also virtually since the COVID-19 pandemic.
Today Her Excellency the Honourable Barbara Baker AC, Governor of Tasmania, held an event at Government House to celebrate the 200th anniversary and thank all those who have contributed to the Executive Council’s essential work.
In attendance were current and former Executive Councillors, as well as staff and others who have supported and continue to support the processes of the Council.
Speaking to guests, Her Excellency thanked the Executive Council Secretariat for its diligence and professionalism, ensuring the accuracy, continuity, and smooth conduct of each meeting.
She also acknowledged the work of the Office of the Parliamentary Counsel and the many Departments across the Tasmanian Government whose advice and preparation underpin matters presented to Council.
“Thank you all for your contributions to the Executive Council's work and for joining us to commemorate this significant anniversary of the body which has been central to the exercise of executive power for 200 years,” Her Excellency said.