3.
shall be the Chancellor of the Order and the Principal Companion in the General Division[1], taking precedence, after the Sovereign, over all other members of the Order[2]. The Governor-General "is charged with the administration of the Order"[3], a reference to the Governor-General's overall responsibility in respect of the Order. The Order has a General Division, which is relevant to these proceedings, and a Military Division[4].
8 The Constitution also provides for an independent Council for the Order consisting of 19 members[5] and for the receipt of nominations from individuals or groups in the Australian community by the Secretary of the Order[6], described as appointed by the Governor-General[7]. The Council is empowered to consider nominations to the General Division[8], make recommendations to the Governor-General in relation to those nominations, and advise the Governor-General on such matters concerning the Order as the Governor-General may refer to the Council for its consideration[9]. It was not contested that research and inquiry carried out in the Office of the Official Secretary formed the basis of the Council's consideration of any nomination. Apart from receiving nominations, the functions of the Secretary of the Order also include maintaining the records of the Order and the Council and performing such other functions in respect of the Order as directed by the
- ↑ The Constitution, s 2(1).
- ↑ The Constitution, s 2A(1).
- ↑ The Constitution, s 3.
- ↑ The Constitution, s 1(1).
- ↑ The Constitution, s 4.
- ↑ The Constitution, s 19.
- ↑ The Constitution, s 6(1).
- ↑ Appointments to the Order and awards of the Medal of the Order in the Military Division are made by the Governor-General on the recommendation of the Minister for Defence.
- ↑ The Constitution, s 5.
