PM seeks legal advice over ‘extraordinary’ Morrison move

The Albanese government is considering whether to probe the legality of Scott Morrison’s moves to secretly swear himself into three ministerial portfolios.

The federal government has confirmed it is seeking legal advice after reports at the weekend that Mr Morrison was sworn into the health, finance and resources portfolios at different times.

Prime Minister Anthony Albanese has also sought a briefing from officials in the department of prime minister and cabinet after revelations he described as “completely unacceptable”.

Department of the Prime Minister and Cabinet secretary Glyn Davis is seeking legal advice from the Solicitor-General.

“This is extraordinary and unprecedented,” Mr Albanese said in Melbourne on Monday.

“Australians knew during the election campaign that I was running a shadow ministry. What they didn’t know was that Scott Morrison was running a shadow government. A shadow government that was operating in the shadows.”

Mr Albanese described it as “tinpot activity” that would be ridiculed if it was seen in a non-democratic country.

“In Australia, we have a Westminster system of government that produces accountability,” he said.

“How is it that the Governor-General could swear-in Scott Morrison into ministerial portfolios without there being a transparency there about that process? This is quite extraordinary.”

Mr Albanese said Mr Morrison’s centralisation of power had overridden ministerial decisions.

“This is a shambles and it needs clearing up,” he said.

“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.”

It came after revelations that Mr Morrison had himself sworn in as health minister in March 2020, in a deal struck with then attorney-general Christian Porter. Mr Morrison was reportedly concerned that by invoking emergency measures under biosecurity laws as the pandemic hit, he was effectively handing control of the country to then minister Greg Hunt.

He was also sworn in as finance minister, a portfolio then held by Mathias Cormann, about the same time, and later as resources minister, then a title held by the Nationals Keith Pitt.

The ministerial appointments were apparently made without the Governor-General’s involvement, after Mr Porter is said to have advised Mr Morrison that two ministers could be sworn into the same portfolio, and that Mr Morrison could swear himself into the role through an administrative legal instrument.

News Corp reported on Monday that Mr Cormann – now secretary-general of the Organisation for Economic Co-operation and Development – learned of the move only through an extract from a new book, Plagued, by Simon Benson and Geoff Chambers, which was published in The Weekend Australian.

It reveals Mr Morrison told Mr Hunt the arrangement was necessary in case Mr Hunt caught COVID.

“I trust you, mate, but I’m swearing myself in as health minister too,” Mr Morrison is reported to have said.

News Corp also revealed that Mr Morrison swore himself in as resources minister in late 2021. He used the power to roll Mr Pitt over a plan to drill for gas off the NSW coast.

Mr Pitt has reportedly told colleagues he did not know anything of the move until Mr Morrison announced the decision not to renew the so-called PEP 11 licence for offshore oil and gas exploration off some of Sydney’s pristine northern beaches on December 16, 2021.

“After careful consideration the government has taken, through my own decision, the first step to formally reject an application for the petroleum exploration permit known as PEP 11,” Mr Morrison said, announcing the decision at the Terrigal Surf Life Saving Club on the NSW central coast.

That move came 11 months after Mr Morrison was appointed by Governor-General David Hurley to take control of the entire Department of Industry, Science, Energy and Resources, according to a report in The Australian on Monday.

Federal Court documents obtained by newspaper reveal the former PM was appointed to administer the super department on April 15, handing him powers over the Commonwealth-NSW Offshore Petroleum Joint Authority.

Government Services Minister Bill Shorten said on Monday the revelations were “odd”.

“Goodness me, he was off on a trip. I don’t know if it’s some messianic complex but this is a serious matter,’’ he told ABC Radio National.

“Honestly, I’ve never heard of this. If he felt the need to do this, why not tell people? It’s a very unorthodox manoeuvre.”

Mr Morrison’s deputy PM, Barnaby Joyce, described the reports as “very bad practice”. His replacement as Nationals leader, David Littleproud, said the revelations were “pretty ordinary”.

“As far as I am concerned, if you have a cabinet government you trust your cabinet,’’ he said on Monday.

“From what I have seen reported this morning, Keith wasn’t aware. These were decisions of Scott Morrison and I don’t agree with them.”

Independent Senator Jacqui Lambie also voiced her concern, saying Mr Morrison “needs to explain himself”.

“It’s extremely worrying if that’s what he was doing,” she told Sky News Australia.

“It reminds me of someone who’s an absolute control freak.”