National Archives of Australia Director-General, Mr David Fricker, has decided that the letters between Sir John Kerr (famous for his dismissal of the Whitlam Government) and Her Majesty the Queen should not be released because they are not “official records” and the Governor-General acts “personally and independently” of Government and without normal public scrutiny. The decision comes after a case brought by historian, Ms Jenny Hocking, to have the royal correspondence released.

The National Archives maintains Kerr’s letters to the Queen, which he wanted to be made public eventually, are personal records rather than official records under the Archives Act.

It is believed in 1978, the letters were bundled up by the then official secretary to the Governor-General, Sir David Smith, and archived. They are not due to be released until 2027, with the further stipulation that the private secretaries to the Queen and the Governor-General each hold a veto power.

Appearing before Judge John Griffiths in the Federal Court during the week was former prime minister Gough Whitlam’s son, Mr Tony Whitlam, representing Ms Hocking, who has even managed to crowd source in excess of $35,000 to fund her case.

The case is seen to have wider implications for the status of other letters and correspondence between the Queen and past Governors-General on a myriad of issues.

The hearing was adjourned until September.