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Scott Morrison was within his legal boundaries by appointing himself to various portfolios, but keeping these secret "fundamentally undermined" the principles of a responsible government.
This was the key finding of a report released today by Solicitor-General Stephen Donaghue, into whether the then-prime minister had the power to make these changes.
Despite the scathing assessment of Morrison's actions, the former prime minister is maintaining he did nothing wrong and was acting in the interest of the country during the COVID-19 crisis.
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"Given the serious crises facing Australia, I considered it prudent to put these authorities in place should they be necessary as a safeguard," Morrison said in a statement.
"The authorities granted were respected in the fact they were not exercised, as the circumstances for which they were provided did not materialise.
"In short, the authorities were not misused," he added.
Morrison did not directly address the assessment he undermined responsible government but said he had been reflecting on his actions.
"I appreciate the concerns that have been raised in relation to these matters and regret any offence caused. To my colleagues, I have expressed this directly."
Morrison has thus far refused to resign from his seat as the member for Cook.
Key findings
The report, released by the Department of Prime Minister and Cabinet, concluded changes needed to be made to ensure it does not take place again.
"Neither the people nor the Parliament can hold a Minister accountable for the exercise (or, just as importantly, for the non-exercise) of particular statutory powers if they are not aware that the Minister has those powers," the report read.
"Nor can they hold the correct Ministers accountable for any other actions, or inactions, of departments."
Morrison "could not be held accountable" for his actions by being sworn in secretly.
Prime Minister Anthony Albanese said the report is a "very clear critique" of the Morrison government. But he conceded there were limits to the legal advice.
"The solicitor-general obviously was not in a position to go through all of the history of this because evidence obviously wasn't taken," he said.
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"This was just an opinion based upon the known details which are out there very publicly."
Albanese said the release of the solicitor-general's report should be considered a "one-off".
Normally legal advice from the solicitor-general is kept private.
Albanese is now considering any future legislative changes to make sure ministers are no longer sworn in secretly.
"There is a need to ensure there is absolute confidence in our political system," he said.
"We have a Westminster system of parliamentary democracy that relies upon conventions, it relies upon accountability and checks and balances in the system.
"Those checks and balances have been thrown out by the former government."
All ministerial appointments will be published from now on, Albanese said.
There will also be an independent inquiry into the matter.
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Governor-General had no discretion
The opinion also ruled that Governor-General David Hurley was not in a position to refuse to appoint the prime minister.
"The Governor-General has no discretion to refuse to accept the Prime Minister's advice in relation to such an appointment," he advised.
"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 another oath or affirmation following such an appointment."
But Donaghue said the secrecy with which Morrison went about this was "inconsistent with the conventions and practices that form an essential part of the system of responsible government".
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KEY DEVELOPMENTS
- Scott Morrison appointments lawful, the Solicitor-General ruled, but actions "fundamentally undermined" the democratic system.
- The Solicitor-General has called for changes to stop this happening again.
- Anthony Albanese has announced a further inquiry into Morrison's actions.
- The governor-general has been instructed to announce all ministerial appointments from now on.
Source: 9News
