Yesterday, I received the Solicitor-General’s opinion in the matter of the validity of the appointment of Mr Morrison to administer the Department of Industry, Science, Energy and Resources (SG No.12 of 2022).
Given the highly extraordinary circumstances, I have today decided to release that Opinion, and I have instructed the Department of the Prime Minister and Cabinet to publicly release it on the department’s website at https://www.pmc.gov.au/news-centre/government/solicitor-general-opinion-validity-appointment-mr-morrison.
In summary, the Solicitor-General has concluded that Mr Morrison was validly appointed to administer that department under the Constitution.
However, the Solicitor-General has also said that the fact that the Parliament, the public and other ministers were not informed about this appointment, was inconsistent with the conventions and practices of responsible government which are critical to our constitutional democracy.
The Solicitor-General’s conclusions are relevant to the circumstances of Mr Morrison’s appointments to administer four other portfolios during 2020 and 2021, which followed the same process.
Importantly, the Solicitor-General considers that the existing practices by which appointments such as this are notified to the Parliament and the public are deficient.
I agree.
He has proposed various mechanisms by which those practices could be improved.
I have directed the Department of the Prime Minister and Cabinet to work with the Office of the Official Secretary to the Governor-General to adopt a practice of publishing in the Commonwealth Gazette future appointments of ministers to administer departments.
I will also give consideration to whether any further immediate changes are required.
Cabinet has agreed there will be an inquiry into these events and will now consider what form that inquiry will take.
My government is seeking to restore the Australian public’s faith in our institutions and put an end to the culture of secrecy.
Our democracy is precious and we are committed to strengthening it.
