The Governor-General, Quentin Bryce, is seeking advice about whether her family link to the Labor powerbroker Bill Shorten compromises her role in appointing the next government.
Ms Bryce, whose daughter Chloe married Mr Shorten last year, released a statement late yesterday acknowledging concerns about her relationship to him. ''The Governor-General is seeking advice on concerns raised about her personal position in the political circumstances,'' her spokeswoman said. The Solicitor-General, Stephen Gageler, SC, has agreed to advise her.
A predecessor as governor-general, John Kerr, controversially approached the High Court chief justice Garfield Barwick before the dismissal of the prime minister Gough Whitlam in 1975.
Mr Shorten, an architect of the ousting of Kevin Rudd as prime minister, and a potential Labor leadership candidate, refused to comment yesterday. But he did speak about the issue when asked on the ABC's program Insiders on Sunday.
''If it does come to that sort of constitutional crisis … your mother-in-law, the Governor-General, would have to make the call," said the host, Barrie Cassidy.
Mr Shorten said: "In terms of the Governor-General's role, she will carry out her role, I'm sure. In terms of any other point that you may be humorously alluding to, I'm not going to impugn that office." Mr Shorten, the parliamentary secretary for disabilities and children's services, was previously married to Deborah, the daughter of the former federal Liberal MP Julian Beale.
A spokeswoman for the Chief Justice, Robert French, said yesterday that neither he nor other High Court judges would advise the Governor-General in case the matter ended up before them in court.
Under the ''reserve powers'' of the governor-general, Ms Bryce has the power to appoint a prime minister during a hung parliament. But in effect the procedure is clear and well tested.
The caretaker Prime Minister, Julia Gillard, has the first opportunity to demonstrate that she can form a government. She will not be forced to do so until November 26, 30 days after the return of the writs due on October 27. If Ms Gillard resigns or loses a vote of no confidence on the floor of the lower house, Ms Bryce would call on the Opposition Leader, Tony Abbott, to form a government.
An ethicist, Leslie Cannold, and a Melbourne barrister, Peter Faris, QC, have said Ms Bryce's family connection is a clear case of perceived bias and Mr Faris has suggested she hand her role to the Chief Justice.
But a legal academic, David Flint, said there was no obvious conflict of interest and a barrister, Greg Barns, said it was ''important that she shows that the office is above influence from any quarter'' by exercising her powers.
A constitutional expert at the University of NSW, George Williams, said Ms Bryce must be free of a ''perception of bias''.
Email a friend