Knighthoods and the Order of Australia

Abstract

This article considers the legal basis and functioning of the Order of Australia in general, with spe-cial reference to the innovations under the prime ministership of Tony Abbott : his two schemes for again awarding Knighthoods in the Order, the first of which bypassed the Council of the Order, as well as his decision to award a Knighthood to Prince Philip. The separate roles of the Council, the Governor-General and The Queen are outlined. International comparisons with Canada and New Zealand are made and case law on honours considered. Other questions not examined by scholars to date include whether failure to confer, or the deprivation of an award in the Order can be re-viewed in administrative law. The article concludes by asking what reforms could be made to place the Order on a firmer legal basis, avoid any further embarrassing adventurism and further rein-force the Order’s independence from politicians.