The solicitor-general’s legal advice found former prime minister Scott Morrison did not act illegally when appointing himself to five additional ministries, but the secrecy made keeping him accountable “impossible”.
“fundamentally undermined” responsible government but was not illegal, according to an assessment by Commonwealth Solicitor-General Stephen Donaghue.
Future ministerial appointments would not be kept secret, Mr Albanese said, confirming he had asked the Department of the Prime Minister and Cabinet and Governor-General’s official secretary to require future appointments be made public in the Government Gazette. Clearing General Hurley, the advice said the governor-general had the power under section 64 of the Constitution to appoint additional ministers to administer a department and “has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment”.
“Plainly, however, a department cannot, in practice be administered by a person whose appointment has not been revealed to the department itself.“Failure to inform at least the Secretary of the department of the appointment therefore defeats the purpose of the appointment. It also prevents the department from taking appropriate steps to support and advise that Minister if the Minister decides to exercise powers under any legislation that is administered by that department...
He said he did not tell ministers, including his deputy and former treasurer Josh Frydenberg, because he did not want them second guessing decisions.
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