Here’s what we know about Scott Morrison’s 'secret cabinet ministeries'
- Prime Minister Anthony Albanese is seeking legal advice following reports former prime minister Scott Morrison secretly swore himself into at least three ministerial roles .
- Immigration Minister Andrew Giles confirmed Mr Albanese, who has returned from a week's leave, is being briefed on the issue.
Former prime minister Scott Morrison said he has not "engaged in any day-to-day politics" since his election defeat after it was revealed he was secretly sworn in to cover extra portfolios during his tenure.
Mr Morrison, still an MP for the NSW division of Cook, was granted increased powers and control over his government with the revelations causing concern across both sides of politics, and raised questions about how and why the appointments were kept secret.
Pime Minister Anthony Albanese labelled the move “the sort of tin-pot activity that we would ridicule if it was in a non-democratic country”.
“The Australian people deserve better than this contempt for democratic processes and for our Westminster system of government, which is what we have seen trashed by the Morrison government,” he told reporters in Melbourne.
Mr Albanese will be briefed on Monday evening by senior bureaucrats as to the legal ramifications of the decision.
SBS News contacted Mr Morrison for comment but has not received a reply, and also visited Mr Morrison’s Cronulla electorate office and were not able to reach him.
Mr Morrison did break his silence to Sky News when asked to respond to claims of impropriety aired by Prime Minister Anthony Albanese.
In a text message published by the broadcaster, Mr Morrison responded: "No, haven't seen what he [Albanese] has said.”
“Since leaving the job I haven't engaged in any day-to-day politics,” he added.
He did not attend the first sitting week of the new parliament, instead attending a speaking engagement in Japan.
How was the prime minister secretly sworn in?
Under Australia’s system of government, the executive branch is headed by the prime minister, with federal cabinet responsible for making decisions and overseeing government departments.
Traditionally, the cabinet is publicly sworn in by the governor-general with a single minister for each portfolio.
But Mr Morrison was secretly appointed to a number of additional ministries, sharing responsibility with other ministers, by Governor-General David Hurley.
Governor General David Hurley with Prime Minister of Australia Scott Morrison in 2019. Credit: TRACEY NEARMY / POOL/EPA
A spokesperson for the Governor-General said in a statement the appointments were undertaken by signing an “administrative instrument on the advice of the Prime Minister,” following “normal processes”.
“It is not uncommon for Ministers to be appointed to administer departments other than their portfolio responsibility,” the spokesperson said.
What powers was he given?
So far, we know of at least three portfolios over which Mr Morrison was given power.
According to reports in The Australian newspaper, Mr Morrison was appointed as health minister alongside Greg Hunt and finance minister alongside Mathias Cormann at the beginning of the COVID-19 pandemic in March 2020.
His appointment as health minister followed internal concerns that invoking emergency powers under the Biosecurity Act would give his colleague Greg Hunt effective control over the country.
Should Mr Hunt have contracted COVID-19, Mr Morrison would have assumed the role and the powers.
At some point, Mr Morrison was also sworn in as resources minister, and used his power to kill off the controversial PEP-11 gas project.
The proposal which would have allowed gas exploration some 50 kilometres off the NSW coast - from Manly to the Central Coast and Newcastle - had drawn widespread community opposition.
The coastal area was home to a number of blue ribbon seats, facing strong challenges from Labor and independent candidates.
Former Deputy Prime Minister Barnaby Joyce claimed Mr Morrison used his secret ministerial position to overrule Resources Minister Keith Pitt, who was supportive of the project.
But speaking to SBS News, the former resources minister rejected claims he was pushed aside.
Was this secret move legal?
It is not unprecedented for the prime minister to hold multiple portfolios.
For a two-week period after his election, Labor Prime Minister Gough Whitlam operated a two-man ministry dubbed the duumvirate, where he was responsible for twelve portfolios until a full ministry could be sworn in.
But the appointment of two ministers for these portfolios, and the secret nature of the appointments, have raised questions among legal experts.
“It's really confusing - you actually don't want two ministers exercising exactly the same powers and running the same portfolio,” UNSW Professor George Williams told SBS News.
Professor Williams was not aware of “any strong reason” the appointments could not have been made under the constitution but said there are “legal questions to be answered”.
“I think it's especially concerning, not just that it happened, but that people didn't know about it. Because one of the basic aspects of this issue is transparency,” he said.
“It's really very troubling that this happened in this way, particularly without ministers even being aware that they've been shadowed by the Prime Minister and that does strike at the heart of how the system is meant to operate.”
How has the new Liberal leader reacted?
Opposition Leader Peter Dutton says he wasn't aware Mr Morrison had secretly sworn himself into three ministerial portfolios while in government.
But he stressed it was a matter for the former prime minister.
"Obviously the prime minister had his reasons, his logic for it, but it was not was not a decision that I was a party to or was aware of," Mr Dutton said.
"It's an issue for the then prime minister, as it is for this prime minister."
