Former prime minister Scott Morrison’s decision to appoint himself resources minister was “inconsistent” with constitutional conventions, according to legal advice provided to the government.
Prime Minister Anthony Albanese on Tuesday released advice from the solicitor-general on the legal implications of Mr Morrison’s decision to secretly swear himself into five ministries.
While the advice said Mr Morrison was validly appointed to the role of resources minister in April 2021, the legal advice said the secrecy surrounding the appointment was unusual.
“The parliament, the public and the other ministers who thereafter administered (the ministry) concurrently with Mr Morrison were not informed of Mr Morrison’s appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government,” the advice said.
“It is impossible for parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the ministers who have been appointed to administer those departments is not publicised.”
The solicitor-general’s advice said the governor-general had no discretion to refuse the then-coalition prime minister’s advice to appoint him as minister.
The advice also recommended changes, including altering the form of published ministry lists to include all appointments and responsibilities.
“The government could require, as an administrative practice, the website of each department to list all of the ministers who have been appointed to administer that department,” the advice said.
“Further or alternatively, a practice could be adopted of publishing in the gazette all appointments made under section 64 of the constitution.”
Earlier on Tuesday, Deputy Prime Minister Richard Marles said regardless of the findings Mr Morrison should face repercussions.
“There needs to be some political consequence for a person who has flouted the Westminster cabinet system so completely,” he told ABC News.
“It needs to be a severe consequence, because what we saw was a total undermining.”
Calls are growing for an inquiry into the former prime minister’s actions, which saw him take on health, finance, treasury and home affairs – as well as the industry, science, energy and resources portfolio – between March 2020 and May 2021.
Mr Morrison intervened as co-resources minister, by blocking the PEP-11 gas exploration licence off the NSW coast after then-resources minister Keith Pitt approved the project.
The final decision is now the subject of a Federal Court appeal.
Mr Morrison has maintained that was the only time he used his powers to interfere in the portfolios.
Mr Marles said it was important for lessons to be learned from the situation so it could never be repeated.
“What has happened here is obviously a disgrace, and it’s appalling in terms of the way in which the Australian people have been treated with contempt,” he said.
“What we need to be looking at when we look at this advice (is) to make sure that there are principles in place which ensure transparency in the way government runs, transparency for the Australian people.”
There have also been calls for the role of the public service and the governor-general to be examined, but Mr Marles said Mr Morrison’s conduct should be the starting point.
“We (want to) … make sure not only our government but governments in the future operate in a way which is transparent.”
A spokesman for the office of the Official Secretary to the Governor-General backed changing the system to a “more transparent process” to ensure appointments were made public.
© AAP 2022
