Open Letter to the Governor-General

Re: Rectification of Constitutional Irregularities during the 1972 Duumvirate

To Her Excellency the Honourable Samantha Mostyn AC,

Greetings in good faith, and with full respect for the solemn office you now hold as the Crown’s representative in the Commonwealth of Australia.

This letter is issued openly, on behalf of the people of the Commonwealth, for the purpose of constitutional clarity, institutional integrity, and lawful redress.

Constitutional Context

On 5 December 1972, following the federal election, the then Governor-General Sir Paul Hasluck swore in only two Members of Parliament—Mr. E.G. Whitlam and Mr. L.H. Barnard—as an interim Executive Government.

Over the course of approximately two weeks (5–19 December), this unprecedented “duumvirate” exercised full ministerial control, assigned 27 portfolios between themselves, and made an estimated 40 executive decisions—without the oversight of Parliament, a functioning Cabinet, or full ministry. The Executive Council, during this period, was composed of only the two ministers and the Governor-General.

There was no formal tabling of these decisions before Parliament. To date, no public, indexed, or consolidated record of those executive instruments has been produced, nor has an adequate investigation or full disclosure been offered to the public.

Concerns of Ultra Vires Action and Ongoing Effect

There exists concern, increasingly shared among legal and civic observers, that one or more decisions made during this period:

• Exceeded the lawful authority of a truncated Executive Council, lacking full ministerial composition;
• May not have been in accordance with the Constitution, particularly with respect to:
  • Sections 61–64 (Executive Power and Ministerial Appointment);
  • Responsible Government as a core principle;
• Were never properly ratified by Parliament or judicially reviewed;
• May have established, restructured, or obscured institutions—including revenue and identity systems (e.g., taxation, citizenship, public registers)—that now operate at a significant constitutional and jurisdictional distance from the people of the Commonwealth.

Your Excellency’s Role and Opportunity

You now hold the same office once held by Sir Paul Hasluck.

Section 61 of the Commonwealth Constitution vests Executive power in the Sovereign, exercisable by the Governor-General, but only “in accordance with this Constitution.”

If prior actions—particularly during the 1972–73 transition—were taken ultra vires, or without proper authority, remedy is not merely a matter of political preference, but a matter of constitutional necessity.

You, as Governor-General, are empowered:

• To commission an inquiry into the decisions made during the Duumvirate period;
• To demand from Executive Government the production of any and all instruments made in that time;
• To publicly affirm the limits of Executive power, especially when exercised without parliamentary scrutiny;
• To stand in defense of the people of the Commonwealth, in whose name all such power is presumed to be exercised.

Request for Action

We, the undersigned (and those in whose name this is written), respectfully and lawfully request that you:

1. Call for the immediate disclosure of all executive instruments made between 5 and 19 December 1972;
2. Establish or support a formal review of the legality, effect, and continued operation of any instruments arising during that period;
3. Clarify your office’s position on the constitutional limits of an acting government of only two ministers absent Parliament;
4. Confirm that no institution, office, or power derived from that period continues to operate in breach of lawful authority, Crown transparency, or the separation of powers;
5. Act in defense of the people of the Commonwealth, whose sovereignty must remain the foundation of governance.

In Closing

This Open Letter is neither adversarial nor alarmist. It is a measured appeal to restore clarity, honour, and constitutional fidelity to the highest office in the land.

No nation can walk forward steadily when walking on constitutional quicksand. The office you now hold grants you a unique opportunity—perhaps even a duty—to ensure the ground is made firm once more.

Respectfully,

By: One of the people of the Commonwealth
Non-corporate, non-combatant, by peaceful settlement and private dwelling
pp: Representatives of electors and non-electors, and all Commonwealth nationals

Dated: 16 December 2025
Commonwealth of Australia

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Last Updated 7 months ago

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