Solicitor-General Stephen Donaghue has found that former prime minister Scott Morrison was validly appointed to administer the Department of Industry, Science, Energy and Resources. But the fact it wasn’t made public “fundamentally undermined” the conventions of responsible government.
In the advice, Donaghue said the appointment was “valid” as the governor-general, acting on the advice of the prime minister, has power under section 64 of the constitution to appoint an existing minister of state, including the prime minister, to administer an additional department of state.
Solicitor-General Stephen Donaghue said Scott Morrison’s appointment to the industry and resources portfolio was valid but that the secrecy undermined responsible government.Credit:Alex Ellinghausen
“The governor-general has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment,” the solicitor-general wrote.
“Nor is there any constitutional or legislative requirement for notification of such an appointment as a condition of its validity or for the minister to subscribe to another oath or affirmation following such an appointment. Accordingly, Mr Morrison was validly appointed to administer [the industry portfolio] on April 15, 2021.”
However, Donaghue added that the ability of parliament and the public to ascertain which ministers have been appointed to administer which departments “is critical to the proper functioning of responsible government”.
“The end result is that, to the extent that the public and the parliament are not informed of appointments that have been made under section 64 of the constitution, the principles of responsible government are fundamentally undermined.”
The advice, requested by Prime Minister Anthony Albanese, has been released in full ahead of a press conference.
The advice only looked at whether Morrison’s appointment to the portfolio, alongside then-minister Keith Pitt, was valid. It did not consider the other four departments that Morrison was secretly appointed to.
Scott Morrison legal advice to be released; Anthony Albanese, Labor maintain majority voter support; NSW trade role saga continues; Vladimir Putin vows revenge for daughter killing & Latest News Update
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