W. McKell

WELCOME to Lennongrad, Tasmanistan — please turn the lights off when you leave.

The farcical situation that the Tasmanian Government has now placed itself in makes one think of those little tin-pot Soviet nations where it is accepted Government practice to sell anything that isn’t nailed down to meet the monthly interest payment on the State vodka ration. Is it time that an Administrator was appointed to govern Tasmania?

In light of the recent Pulp Mill merry-go-round where millions of taxpayer dollars have been wilfully wasted by propping-up a flawed proposal, topped-off with lavish coatings of alleged Government interference, cronyism and corruption, one has to wonder how the Tasmanian Government can step outside their door and look people in the face.

A Premier in hiding, his ex-Deputy facing criminal charges (with penalties of up to 21 years’ imprisonment), the acting-Premier bumbling his way through the collapse of the RPDC, the resignation of half of the RPDC, the Pulp Mill dream (the cornerstone of the State budget forecast) in tatters amidst allegations of Machiavellian interference, the Public Hospital system in free-fall, a bleeding public Ferry Service, the rail system collapsed, the State coffers dry and the budget $80 million in the red, Government Business Enterprises (GBEs) carrying $billions in debt (including Hydro’s $1 billion debt), the electricity sector in chaos with Basslink sucking the State dry and Bell Bay Power Station mothballed, a bungled gass roll-out, and (apart from the Northern Territory) the highest rates of unemployment, education drop-out, unfinanced public sector superannuation, mortality and road death.
It all sounds like the plot of a B-Grade Hollywood movie (possibly a comedy but more likely a tragedy). Is it any wonder that Tasmanian’s are seriously thinking about how to get rid of this Government as soon aspossible? After the revelations of the RPDC resignations, the vibe on the streets appears to be “enough-is-enough”. But are there any constitutional mechanisms to dissolve the Lennon Government?

Welcome to the Municipality of Tasmania?
All State Governments can and do use their powers within their respective Local Government Acts, to dissolve duly elected Local Councils and appoint Administrators where there is sufficient evidence of maladministration, incompetence, corruption and or bankruptcy/insolvency (sound familiar?). The State of Tasmania has a population which is not too different from a number of larger city councils in Sydney and Melbourne, so whilst a similar State-Commonwealth mechanism for dissolution does not readily exist, the concept (based on relative administration size and logistics) is certainly entertaining!

Paul Lennon-Lang?
The only time in which a State Government has been dismissed prematurely by the Crown is the famous sacking of the NSW Labor Government under Premier Jack T. Lang in 1932. There are few similarities between Lang and Lennon but the “behind the scenes” role of the Commonwealth Government in Lang’s dismissal provides some interesting analogies with regards to Tasmanian today.
Lang was a popular Premier from the Labor left — regarded as a working man’s hero (hence few resemblances with Lennon!). His presence was significant enough to split the Labor Party on a national level causing chaos in the Federal Labor Government of James Scullin. During the height of the Great Depressions Lang rebelled against the “Melbourne Plan” and refused to pay the Commonwealth Government for debts incurred by the NSW Government — particularly relating to foreign bond owners. In 1928 the Constitution was altered such that the Commonwealth Government became ultimately responsible for debts incurred by State Governments.

In 1932 Prime Minister Joseph Lyons (former Premier of Tasmania) used the Commonwealth’s authority to demand debt payments from the NSW Government. Lang reacted by withdrawing all State Government funds from banks and storing the money (as cash) at Trades Hall, This denied the Commonwealth’s access to the money and infuriated Lyons. The Governor of NSW, Sir Phillip Game, advised Lang that his actions were illegal.

Lang ignored the advice and on 13 May 1932 the Governor of NSW removed the Commission of the Lang Government and appointed opposition leader Stevens as the Administrator of the State until an election was called. Labor was crushed at the subsequent state election.

The most interesting aspect of this story is that the Commonwealth Government, probably via the Crown (Governor General) must have been advising the NSW Governor. We now know that the Commonwealth believed that Lang was planning to arrest the State Governor so as to avoid dismissal and that Lyons had the military placed on alert to prevent any actions by the NSW Police.

Consequently, whilst the Commonwealth Government probably has little legislative power to move against the Lennon Government, expect in relation to emergency powers through the Executive and Governor General, it may be inclined to use its influence with the State Governor in a less formal manner, as happened in the Lang dismissal.

The non-separation of Powers
Of course the only glitch in the above-mentioned scenario is the role of Gunns Ltd. As the Federal Liberal Government is as equally indebted to Gunns as the Tasmanian Labor Government, it is highly unlikely that we will see a repeat of the 1932 dismissal. Oh well — at least Jack Lang will be remember in history as the people’s hero.

Comment on this article: HERE

Earlier:
This is a farce
Mill: answers in the air