Administrator of the government

In the Commonwealth of Australia, the administrator is usually called the administrator of the Commonwealth. State governors hold a dormant commission and by convention the longest-serving state governor becomes administrator.[1]

In the states of Australia, the administrator is usually the chief justice of the state's supreme court or the next most senior justice. In 2001, the Constitution of Queensland was amended to restore the office of lieutenant-governor in that state.

An "administrator of the government" in Canada is a constitutional practice where an individual is empowered to perform the functions of the office of the governor general in the event that the governor general is incapable of rendering their constitutional duties, or if the position of Governor General is vacant following a resignation or death.[2] The provisions to select the administrator of the government in Canada is outlined in Article VIII of the Letters Patent, 1947; which identifies that the Chief Justice of Canada assumes the role as administrator should the need arise. In the absence of the chief justice, the senior Puisne Justice of the Supreme Court of Canada is designated as the administrator of the government.[2] Prior to the signage of the Letters Patent, 1947, the administrator of the government was directly appointed by the monarch.[3] An administrator of the government is not required if a governor general is absent for less than 30 days, with the governor general empowered to designate a "deputy governor general" to act on their behalf.[2] Richard Wagner is the most recent in Canada designated as the "administrator of the government," having been sworn in to the position on 23 January 2021 after the resignation of Julie Payette.[4]

The constitutional practice of an "administrator of the government" is also found within the provinces of Canada, with provincial administrators of the government assuming the functions of the office of the lieutenant governor in the event that office is vacant or its holder is incapable of rendering their duties. A justice of a provincial superior court is designated as a provincial administrator of government. The term "administrator" is also used in the Canadian territory of Yukon, although the position of administrator in Yukon is analogous to a "deputy commissioner of Yukon".[5]

In Ceylon, the officer administering the government in the absence of the Governor General of Ceylon was the Chief Justice of Ceylon. In the absence of the chief justice the acting chief justice would serve in this place. Ceylon had two acting Governor Generals.

When Hong Kong was a British Crown colony the chief secretary (colonial secretary before 1976) would be the acting governor, followed by the financial secretary and the attorney general. The practice has remained after the transfer of sovereignty to China. Rotation takes place between the chief secretary for administration (formerly chief secretary), the financial secretary and the secretary for justice (formerly attorney general) as the acting chief executive.

Under letters patent issued in 1983 and revised in 2006, the Chief Justice of New Zealand will be administrator, followed by the other judges of the New Zealand judiciary in order of seniority.

Links:

• Governor-General of New Zealand
• Administrators of the Government at the Governor-General of New Zealand site
• Patent Constituting the Office of Governor -General of New Zealand

As a former External Territory of Australia, the head of the territory's administration was called the Administrator of Papua-New Guinea before independence in 1975. The appointment was by the Governor-General of Australia on the advice of the Australian Minister of External Territories. The minister for external territories consulted with the territory's chief minister as part of the appointment process.

On 11 November 1965, the self-governing British colony of Southern Rhodesia made a unilateral declaration of independence (UDI) although it continued to recognise the British monarch, Queen Elizabeth II, as head of state, with oaths of allegiance to "Her Majesty the Queen Elizabeth, Queen of Rhodesia, her heirs and successors".[6] However, the Rhodesian Front government of Ian Smith ceased to recognise the authority of her de jure representative, Governor Sir Humphrey Gibbs.[7]

Instead, on 17 November, it appointed the former deputy prime minister, Clifford Dupont, to the post of "acting officer administering the government".[8] Opponents of UDI who considered it an illegal move, such as the independent member of the legislative assembly, Ahrn Palley, refused to recognise Dupont's office, and walked out of the opening of parliament when Dupont came to deliver the Speech from the Throne.[9]

On 2 December, Smith wrote a personal letter to the queen, asking her to accept Dupont as the new governor-general.[10] In response, he was told that "Her Majesty is not able to entertain purported advice of this kind, and has therefore been pleased to direct that no action shall be taken upon it".[11]

Under the 1965 draft constitution, if the queen did not appoint a governor-general within fourteen days of advice being tendered by the prime minister, a regent was to be appointed.[12] In deference to the Royal Family, however, on 16 December, Smith amended his original plan to appoint a Regent and Dupont was appointed as "officer administering the government".[13]

Consequently, legislation passed after UDI was "enacted by His Excellency the Officer Administering the Government, as the representative of the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Rhodesia".[14] Dupont would continue to use the title until 1970.[15] When Rhodesia adopted a republican constitution that year, he became the first President of Rhodesia.

The country was renamed Zimbabwe Rhodesia in 1979, before it returned to colonial status following the Lancaster House Agreement later that year. In 1980, it achieved internationally recognised independence as Zimbabwe.

• In the Northern Territory, the office of Administrator is a permanent appointment, and since the territory was granted self-government in 1978, the office of administrator has become a largely ceremonial appointment, like that of the governor in each state. Unlike the governors, who are appointed by the sovereign on advice of the premier, the administrator is appointed by the governor-general on advice of the prime minister after consultation with the chief minister.
• External territories such as Norfolk Island and Christmas Island
• Historically also on Lord Howe Island

There is no administrator in the Australian Capital Territory and the chief minister is elected by the legislative assembly.

In the Union territories of India, which are ruled directly by the Union government, the President of India appoints an administrator.[16] Administrators differ from the governors of the states of India in that they are an agent of the president and not a head of state.[17]

The president may also appoint the governor of a neighbouring state to be the administrator of a union territory. Since 1985 the Governor of Punjab has acted as the Administrator of Chandigarh. In five union territories: Andaman and Nicobar Islands, Delhi, Jammu and Kashmir, Ladakh and Puducherry; the administrator uses the title "lieutenant governor".

• Tokelau has been governed by an administrator since 1949, when it was attached to New Zealand (previously it was part of the British colony of the Gilbert and Ellice Islands)
• Historically in Samoa as a League of Nations and United Nations mandate (see List of colonial governors of Samoa).

• The civil Administrator of the Akrotiri and Dhekelia Sovereign Base Areas in Cyprus is traditionally the military commander of British forces in the areas.
• The Administrator of the British Indian Ocean Territory is the junior to a commissioner (Chagos Archipelago, notably Diego Garcia. He mandates the commander of British naval forces on Diego Garcia as his representative and justice of the peace.
• The two dependencies of Saint Helena, both sparsely populated Atlantic islands, are responsible in the first instance to the Governor of St Helena:
  • Ascension Island (since June 1964; )
  • Tristan da Cunha (since 31 Jan 1950; )

In the United States, the rank of administrator denotes a high-level civilian official within the United States federal government. Generally an official of sub-cabinet rank, an administrator is appointed by the President of the United States with the consent of the United States Senate and assigned to run a specific US government agency. Administrators often manage major agencies housed within specific cabinet departments (e.g., Research and Innovative Technology Administration within the United States Department of Transportation) while others are stand-alone agencies (e.g., the United States Environmental Protection Agency).

During mandatory times, the high commissioner was deputized by an administrator in case of high commissarial vacancy, and a deputy to the high commissioner when the high commissioner remained in office but temporarily could not fulfill his duties. Both posts were held ex-officio by the chief secretary. The rules for deputizing the analogous office in modern-day Israel, the president, are similar, with an interim president analogous to the administrator and an acting president analogous to the deputy to the high commissioner. However, these posts are held not by the prime minister, whose office is analogous to that of the chief secretary, but by the Speaker of the Knesset.