"Does the Governor-General have the power to reinstate Ministers found by the High Court to be dual citizens?"

Thanks for your question, John.

Once any dual citizenship issue (as covered by Section 44(i) of the Australian Constitution) is resolved, the Governor-General can reinstate a former Minister to the position he or she previously held.

The appointment of Ministers of State is dealt with in Section 64 of the Constitution which states that “The Governor-General may appoint officers to administer such departments of State of the Commonwealth as the Governor-General in Council may establish” and that “Such officers shall hold office during the pleasure of the Governor-General”. The 'Governor-General in Council' refers to the Governor-General acting on the advice of the Australian Government.

The only restriction is that “...no Minister of State shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.”

diagram to help explain Does the Governor-General have the power to reinstate Ministers found by the High Court to be dual citizens?