Image courtesy of the National
Archives of Australia. NAA: A6180, 13/11/75/46.
The dismissal: 50th anniversary
11 November 2025 marks the 50th anniversary of the Whitlam
Labor Government’s dismissal. This decision by Governor-General Sir John Kerr arguably
remains the most dramatic and controversial episode in Australia’s
constitutional and political history. The events themselves are still
contested, including: the performance and decisions of the Whitlam
Government; the role and constitutional power of the Senate; the role of the
Opposition; the decisions of key players; the reserve powers of the Governor-General
and the role of the Queen.
The July 2020 release of correspondence between Governor-General
Kerr and Buckingham Palace (known as the Palace
Letters) and other archival
material provided fresh
insight into these events.
Having been elected on 2 December 1972
and returned at the 18 May 1974
double dissolution election, the Whitlam Government was a tumultuous period. Indeed,
the dismissal was the culmination of 3 years of political conflict, with the
pivotal crisis occurring between 16 October and 11 November 1975.
The stage for this conflict was a Parliament in which the
Government did
not hold a Senate majority caused in part by two
casual vacancies that were filled in the months before the crisis. Against
convention, state governments appointed non-Labor nominees to fill two Labor
vacancies in the Senate. Although many commentators focus on the Opposition blocking
Supply in the Senate in 1974 and 1975, it was the rejection of Government
bills that paved the way for the dissolution
of both Houses of Parliament.
A few key events
From its early stages, the Whitlam Government's
legislative program met resistance in the Senate, where half its members were
elected in 1970 and half in 1967. In
1974 the Opposition made the Senate’s passage of money bills conditional on
the Government calling an election. Prime Minister Whitlam secured a
dissolution of both Houses in April 1974 after the
Senate twice rejected bills to establish Medibank, ensure ‘one vote one
value’ House of Representatives elections, and introduce Senate representation for
the Territories. The Government considered 6 bills fulfilled the constitutional
requirements (section
57) to be treated as double
dissolution bills.
At the 18 May 1974 election, the Government was re-elected
with a majority in the House but not in the Senate. The Medibank and electoral
bills were then passed at the first (and to date only) joint
sitting of both Houses of the Parliament held on 6–7 August 1974.
After heated debate about the Khemlani loans
scandal and the state of the economy, the Liberal Party used its numbers in
the Senate to defer Supply. This escalated on 16
October 1975, when the Opposition announced that it would not grant Supply
unless the Prime Minister agreed to a new House of Representatives election.
Whitlam refused, declaring
that it was unconstitutional for the Senate to decide who should hold
government.
From July 1974, when the 29th Parliament commenced, to
November 1975, 21 bills were regarded as fulfilling the section 57 requirements,
having been twice rejected by the Senate. This deadlock
continued until 11 November 1975.
On 10 November 1975, Governor-General Sir John Kerr
obtained formal
advice from the High Court’s Chief Justice Garfield Barwick, confirming Kerr’s
right to dismiss the Government. On 11 November 1975, the Governor-General
sacked Whitlam for refusing to resign or advise an election after failing to obtain
Supply.
Governor-General Kerr immediately commissioned Opposition
leader Malcolm
Fraser to form
a caretaker government to secure Supply pending a general election. Acting
on the advice of caretaker Prime Minister Fraser, who did not have majority
support in the House, Kerr dissolved
both Houses of Parliament. In the ensuing double dissolution
election on 13 December 1975 the Coalition, led by Fraser, won a
landslide victory, winning majorities in both Houses of Parliament.
A rare successful referendum
in 1977 amended the Constitution to ensure a Senate casual vacancy should
be filled by a person of the same political party.
As Opposition leader, Whitlam contested the 1977 election but
Labor was again defeated. He stood down from the ALP leadership and resigned
from Parliament in July 1978. Notably, Whitlam and Fraser formed what seemed an
unlikely friendship
in their later years.
Most of the key players in the dismissal have since died: Sir
John
Kerr in March 1991, Gough
Whitlam in October 2014 and Malcolm
Fraser in March 2015.
Further reading
Much has been written
on the dismissal: a number of books and numerous articles which analyse
different aspects of the events.
The National Archives of Australia provides access
to records, including Cabinet
documents, for the period
of the Whitlam Government.
Whitlam's account of these controversial events is given
in The
Truth of the Matter and in Abiding
Interests. In 1985, on the tenth anniversary of the dismissal, he
published The
Whitlam Government 1972–1975.
Malcolm Fraser published his account in Malcolm
Fraser: the political memoirs. Sir John Kerr
provided his account in Matters
for judgment: an autobiography. An account of the events of 11 November
1975 was also written
by the Official Secretary to the Governor-General, Sir David Smith.
This FlagPost was initially written for the 45th
anniversary of the dismissal. In the intervening years further
commentary has demonstrated continuing
historical, academic
and legal
interest, including how the dismissal’s anniversaries
shape public
memory and meaning. The Museum
of Australian Democracy (MOAD) and the Whitlam Institute have
commemorated the Whitlam Government’s 50th anniversary and the dismissal by
publicising and expanding the Prime Ministerial collection and gathering
stories of the government’s impact.