Secret ministries: what the legal advice means for Scott Morrison and Australia’s parliament

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Secret ministries: what the legal advice means for Scott Morrison and Australia’s parliament
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Anthony Albanese has flagged an inquiry but how will it work and will there be any further consequences?

The solicitor general says Scott Morrison’s appointment to the resources portfolio was legal, but was ‘inconsistent with the conventions and practices that form an essential part of the system of responsible government’.The solicitor general says Scott Morrison’s appointment to the resources portfolio was legal, but was ‘inconsistent with the conventions and practices that form an essential part of the system of responsible government’.Last modified on Tue 23 Aug 2022 12.

Morrison again protested on Tuesday he had only exercised those powers once, in the resources space to strike down the Pep-11 gas exploration project. But Donaghue said this did not excuse Morrison.“To the extent that the public and the parliament are not informed of appointments that have been made under s 64 of the constitution, the principles of responsible government are fundamentally undermined,” he wrote.

Despite Donaghue’s advice that the appointment was legal, immediately afterwards he noted the appointment was “inconsistent with the conventions and practices that form an essential part of the system of responsible government”. Albanese said he had directed the Department of Prime Minister and Cabinet to work with the Office of the Official Secretary to the Governor General to publish future appointments in the gazette and was still considering “further immediate changes”.At this stage, it’s not settled. Albanese said he was considering a range of options, with cabinet to debate them further. He flagged it would be led by an “eminent” legal expert, adding “it needs to be not a political inquiry”.

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