Key Points
- The government has received legal advice on Scott Morrison’s secret appointments and it will be released on Tuesday.
- It comes as calls are growing for an inquiry to be launched into the former Liberal leader's actions.
The Office of the Official Secretary to the Governor-General has called for greater transparency around the appointment of ministers, following the secret appointment of Scott Morrison to five portfolios while also serving as prime minister.
Legal advice about the secret portfolios has been delivered to the government, with Prime Minister Anthony Albanese pledging the advice will be made public on Tuesday.
In a statement released on Monday, the Office of the Secretary rejected claims of a "conspiracy" involving the Governor-General — saying it was the government of the day's responsibility to publish changes to the ministries.
But a spokesperson for the secretary expressed their support for reforms to ensure all swearing-ins are made public.
"Acknowledging that the administrative appointments were not communicated – as expected, by the government of the day — the Office supports a more transparent process to ensure that any appointments made under section 64 are made public," a spokesperson for the Office of the Official Secretary to the Governor-General said in a statement.
"Noting that these reporting responsibilities are the prerogative of the government of the day, the Office will await the recommendations of the current process before commenting further."
The Office of the Official Secretary operates independently of the governor-general and does not claim to speak for David Hurley.
Mr Albanese said he will be briefed on the legal implications of Mr Morrison’s unorthodox ministerial arrangements on Monday afternoon.
“I will release it publicly. I am giving that commitment so that everyone will have the opportunity to see the advice for themselves,” he told reporters in Sydney.
"There hasn't been a suggestion of illegality but there have been questions raised about how this could occur."
He said the government is considering further reforms to ensure Mr Morrison's actions cannot be repeated in future.
Prime Minister Anthony Albanese and former Liberal leader Scott Morrison. Source: AAP
One of his decisions, as joint resources minister, was to block the PEP-11 gas exploration licence off the NSW coast after the then resources minister Keith Pitt approved the project. The final decision is now the subject of a Federal Court appeal.
The prime minister has suggested he is open to an inquiry saying: “There are real questions to be answered.”
"There is a basic fundamental weakness in checks and balances: if no one knows who the minister is, then how can they be held to account for decisions which are made?" he said.
Disclaimer added
A disclaimer noting that ministers may be sworn to administer other portfolios without it being shown on the official parliamentary list was added just days after Scott Morrison took over as prime minister in 2018.
Like other former prime ministers before him, he routinely tabled in parliament revised lists of ministers when changes were made to the frontbench.
If no one knows who the minister is, then how can they be held to account for decisions which are made?Prime Minister Anthony Albanese
Prior to Mr Morrison taking over as prime minister, the ministry list came with a disclaimer: "As a general rule, there is one department in each portfolio. However, there is a Department of Human Services in the Social Services portfolio and a Department of Veterans' Affairs in the Defence portfolio. The title of a department does not necessarily reflect the title of a minister in all cases."
However, a document showing his first ministry released on 28 August 2018 added the disclaimer: "Ministers are sworn to administer the portfolio in which they are listed under the 'Minister' column and may also be sworn to administer other portfolios in which they are not listed."
It is unclear which ministers held "other portfolios in which they are not listed" since the time of the disclaimer, beyond the five disclosed by the former prime minister.
Mr Morrison's office has been contacted for comment.
Liberal backlash
Liberal MP Bridget Archer says Scott Morrison should "reflect" on his position over the secret ministerial appointment scandal, but has stopped short of calling for him to resign.
"I do just think that people should reflect on the great privilege and responsibility that they have when they are elected to these roles, and think about whether they are fulfilling those obligations," the Tasmanian Liberal MP told ABC radio.
Tasmanian Liberal MP Bridget Archer. Source: AAP / Mick Tsikas
Ms Archer said she would also welcome an inquiry into the conduct of the former prime minister.
Meanwhile, Greens leader Adam Bandt doubled down on a push to examine Mr Morrison's conduct and whether he misled the parliament or pressured the governor-general or public service.
"The longer that this goes on, the more questions that are raised about exactly how much damage has been done to Australian democracy," Mr Bandt told ABC News on Monday.
"You're entitled to expect that when the prime minister stands up and says 'here's who the ministers are in my parliament, here's what my responsibilities are', you're entitled to expect that they are telling the truth and it's becoming clear day by day that that's not the case."
The Greens have already asked House of Representatives Speaker Milton Dick to refer Mr Morrison to the powerful privileges committee over the scandal.
Mr Bandt said an inquiry would also need to examine who was asked by Mr Morrison to keep his ministries secret from the public and most of his colleagues.
"One of the things that we don't yet know is whether or not that was done at Scott Morrison's requests, whether or not he made requests of the Governor-General to keep some of these appointments secret," he said.
With additional reporting by Naveen Razik.
