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The Dismissal - TV Mini series DVD - Australian Constitutional Crisis
The Dismissal - TV Mini - Series on DVD (Brand New and in stock)
Region 4 DVD (Australia) - 2 Discs - 270 minutes
The constituional crisis that eminated from the sacking of the Australian prime Minister Gough Whitlam on Nov 11, 1975 still reverberates to this day. The 1983 mini-series from Kennedy Miller brings to life every extra-ordinary detail and still rates as one of the most watched television in Australia.
The Dismissal features one of the best Australian casts ever assembled including Max Phipps, John Mellion, John Stanton, Ruth Cracknell, Bill Hunter, John Hargraves, Nancy Hayes, Ed Devereaux, Robyn Nevin and many more.
About the Dismissal
The crisis of 1975 might not have occurred had the Senate as elected in 1974
maintained its member status. The crisis was precipitated by the Senate delaying
the Whitlam government's money (Supply) bill. Although one of the two
independents, Michael Townley, joined the Liberal Party, the other, Steele Hall,
was opposed to blocking supply, and this would have been sufficient to prevent
such a course being followed. The change in the composition of the Senate which
made the constitutional crisis of 1975 possible was brought about by two
appointments to fill casual vacancies in the Senate, which under Section 15 of
the Australian Constitution are made by the State Parliaments 'if sitting'; or
otherwise by the State Governor 'with the advice of Executive Council'. Since
the introduction of proportional representation for Senate elections in 1949,
there was a convention that Senators who died or resigned should be replaced by
a Senator of their own party, and until 1975 state governments had adhered to
this convention. The practice in Queensland, however, which was established in
1952 by Labor Premier Gair when a Liberal senator died, was for the opposition
to provide a list of three names and for the Premier to be able to select one of
them.
In February 1975 the Premier of New South Wales, Tom Lewis, broke with
convention by appointing an independent Senator, Cleaver Bunton, to replace the
Attorney-General, Senator Lionel Murphy, who had been appointed to the High
Court of Australia. This appointment made no difference to the political
situation, because it turned out that Bunton was opposed to blocking supply, but
it provided a precedent for the Queensland National Party Premier, Joh
Bjelke-Petersen, when a Queensland ALP Senator, Bert Milliner, died on 30 June.
As permitted by Section 15 of the Australian Constitution, Bjelke-Petersen
refused to appoint the ALP's chosen replacement, Dr Mal Colston, and asked Labor
for three alternative nominations, as Gair had requested of them in 1952.
Bjelke-Petersen said he had concerns over Colston's integrity, but Labor
maintained that his real intention was to appoint a Senator who would support
the blocking of supply and thus help bring down the Whitlam government.
When Labor insisted on nominating Colston, Bjelke-Petersen nominated Albert
Field, president of the Federated Furnishing Trades Union and an ALP member of
thirty-eight years standing. Bjelke-Petersen maintained that he was therefore
not breaking convention. Under ALP rules, however, Field ceased to be an ALP
member as soon as he accepted nomination against an endorsed Labor candidate.
Field said that he was opposed to Whitlam's behaviour in office and that he had
approached Bjelke-Petersen asking to be nominated to the vacancy. Labor
maintained that in these circumstances Field was in effect an anti-Labor Senator
and that Bjelke-Petersen had broken the convention. (Colston later entered the
parliament in 1975 and retired - as an Independent - in 1999)
Field was granted leave from the Senate when High Court writs were filed
challenging his eligibility to sit, on the grounds that he was in Crown
employment at the time of his appointment. (Field had been employed by the
Queensland Education Department, and although he had resigned the day before he
was appointed, he was required by the Education Act to give three weeks'
notice). But the change to the composition of the Senate was in any case
decisive, because with Milliner's vote gone, the Opposition could pass Senate
motions 30 votes to 29. Rather than blocking supply, they moved to delay
consideration of the budget. This delay would have resulted in essential public
services ceasing to function due to lack of money; that is to say Whitlam
attempted to govern without supply and no government had ever attempted such a
course of action (Weller & Smith, The Rise and Fall of Whitlam Labor - full
citation below). Fraser warned that the bill would not be passed unless Whitlam
called an early election. Whitlam was determined to face the Opposition down,
and proposed to borrow money from the banks to keep the government running. He
was confident that some of the more moderate Liberal Senators would back down
when the situation worsened as appropriations ran out during November and
December.
The Governor-General Sir John Kerr was also concerned about the legality of
Whitlam's proposals for borrowing money, and to govern without Supply, although
the Solicitor-General and Attorney-General had scrutinised them for
legality.
Kerr contacted the Chief Justice of the High Court of Australia, the former
Liberal Attorney-General Sir Garfield Barwick, who gave Kerr private advice in a
letter on 10 November which stated in part:
* "...the Senate may not originate nor amend a money Bill ... the Senate has
constitutional power to refuse to pass a money Bill: it has power to refuse
Supply to the government of the day ... a Prime Minister who cannot ensure
Supply to the Crown, including funds for carrying on the ordinary services of
government, must either advise a general election ... or resign." Barwick also
added that the Governor General ... 'has constitutional authority to withdraw
his commission as Prime Minister." (Barwick's advice to Kerr on 10 November
1975, in Hall & Ironmonger, The Makers and Breakers - full citation below)
Kerr was also advised, by New South Wales Governor Sir Roden Cutler that he must
warn Whitlam of the possibility of his dismissal.
On 11 November 1975, Kerr in accordance with Section 64 exercised his power and
revoked Whitlam's commission and installed Fraser as caretaker Prime Minister,
with instructions to make no policy changes, no appointments, no dismissals and
call an immediate federal election (Weller & Smith, 'The rise and fall of
Whitlam Labor'). In a double irony, the Labor Senators were not advised of
Whitlam's dismissal and at 2.15 pm the Supply Bills were brought on and
immediately passed, thus giving Fraser the essential money bills to continue the
business of government. At 2.45 pm Fraser announced he was caretaker Prime
Minister, had the Supply Bills passed and was advising a double dissolution
election. (Weller & Smith, 'The rise and fall of Whitlam Labor')
On hearing the proclamation dissolving Parliament, which ended with the
traditional 'God Save the Queen', Whitlam delivered an impromptu address to the
crowd that had gathered in front of the steps of Parliament House. During the
speech he labelled Fraser as "Kerr's cur" and told the crowd: "Ladies and
gentlemen, well may we say 'God Save the Queen', because nothing will save the
Governor-General."
In the House of Representatives, following Kerr's actions under Section 64,
Whitlam moved a motion 'that this House expresses its want of confidence in the
Prime Minister and requests Mr Speaker forthwith to advise His Excellency the
Governor-General to call on me to form a government'. This vote of confidence in
Whitlam was passed on party lines. News of this vote was delivered personally to
Kerr by the Speaker of the House Gordon Scholes, but Kerr refused to see the
Speaker until after his Official Secretary had read the notice of double
dissolution at Parliament House at 4.45 pm. (Weller & Smith, Ibid.)
Many unions mobilised and prepared to strike but the President of the ACTU Bob
Hawke called for unions not to be provoked. Although there were a number of
public protests against Fraser during the campaign, the media (especially the
Murdoch press, which had supported the ALP in 1972) had long since lost
confidence in Whitlam, reporting a string of ministerial failures. This had a
major influence on public opinion, signalled some months previously in the Bass
by-election and the election resulted in a landslide win to the Coalition.
During its three years in power, the Whitlam government was responsible for a
long list of legislative reforms, some of which still stand today. It replaced
Australia's adversarial divorce laws with a new, no-fault system; introduced the
Trade Practices Act; slashed tariff barriers; ended conscription; introduced a
universal national health insurance scheme Medibank, now known as Medicare; gave
independence to Papua New Guinea; made all university education free to its
recipients; introduced needs-based federal funding for private schools;
established the long-awaited "third tier" in Australian radio by legislating for
the establishment of community-based FM radio (commercial FM radio would be
established under his successor Fraser); and established diplomatic and trade
relations with the People's Republic of China.
However, Whitlam's critics point to substantial failings in his administration.
The economy declined, with adverse balance-of-payments problems, high
unemployment and (by Australian standards) very high inflation and bank interest
rates. External factors contributed to this, in particular the 1973 oil crisis
and resulting higher world oil prices, and falling prices for Australian farm
produce. But the Whitlam government's own economic policies�such as its
controversial 1973 decision to reduce tariffs across the board by 25%�were also
held partly responsible.
On social matters his reputation has been tarnished by his complicity in
refusing to act against the pro-separatist movement on Bougainville on 1
September 1975, just two weeks before PNG independence on 16 September 1975;
allowing Indonesia to invade Portuguese Timor on 7 December 1975 and later annex
the territory (although the invasion of Dili occurred the month after his
dismissal, the "covert" military campaign across the Indonesian border had begun
in October). Whitlam also refused to allow South Vietnamese refugees into the
country following the fall of Saigon in 1975, concerned that they would have
anti-communist sympathies hostile to the Australian Labor Party.
The autocratic Whitlam's "crash through or crash" style made many political
enemies, and the various scandals afflicting the government cost it electoral
support and momentum. His 'crash through or crash' style was also his Achilles
heel surrounding the lead-up to the dismissal (J. Walter, The Leader see full
citation below). Some Australians regarded his dismissal by the Governor-General
as an outrage, but the Australian electorate voted to replace the Whitlam
government by a record margin, and the Labor Party would not be a serious
candidate for government again until Whitlam was replaced as leader.
The Whitlam government was also greatly damaged by several highly-publicised
scandals, most notably the disastrous "Loans Affair" masterminded by Rex Connor,
the series of controversies over the questionable conduct of Treasurer and
deputy party leader Jim Cairns, and the Indonesian invasion of East Timor.
However, Whitlam's book The Truth Of The Matter recounts legal steps essayed in
the attempt to obtain or bypass parliamentary supply.
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