Anthony Albanese reveals rule changes after ‘extraordinary’ Scott Morrison scandal

EXCLUSIVE

Scott Morrison’s “inexcusable” secret ministry scandal that triggered new transparency laws is set to spark big changes to the rules that govern disclosure over ministerial responsibilities from next week.

The bizarre ministerial arrangements – which included secretly asking the Governor-General David Hurley to appoint him to the Treasury portfolio without the knowledge of then-Treasurer Josh Frydenberg – were exposed in August, 2022.

News.com.au revealed at the time that the former prime minister had secretly appointed himself to the resources portfolio and that he used those powers to roll his own Resources Minister Keith Pitt over a gas project.

It followed revelations in the book Plagued that Mr Morrison had secretly appointed himself to the health and finance portfolio.

However, it swiftly emerged that the Finance Minister Mathias Cormann was left completely in the dark about the changes and never knew about them at the time.

New regulations to ensure transparency on ministerial appointments and implement key recommendations from the Bell Review finally come into effect this month and are set to trigger a retrospective “data dump” of ministerial arrangements under the current government.

Pledging that new regulations will ensure the Australian people have a complete picture of ministerial appointments over the entire period of the 47th Parliament, the Prime Minister has told news.com.au that under the new arrangements, material will be published on the portfolio each minister is appointed to, which ministers are administering which departments and when an acting arrangement is in place.

Mr Albanese said the Ministers of State Amendment Act 2023 and its regulations ensure the Australian people “can have full confidence that this breach of trust will never happen again”.

“Our democracy is the most important asset underpinning our democracy,’’ Mr Albanese said.

“These are important changes that demonstrate our commitment to implementing the Bell Inquiry recommendations and to restoring integrity to Government.”

The most recent Ministry changes can be found in the Ministers of State (Notification of Appointment and Direction) Instrument 2024 and copies of the instruments of appointment are available on the Department of the Prime Minister and Cabinet’s website.

“The former government’s secret ministries scandal undermined our democratic system of government.”

Assistant Minister Patrick Gorman said the regulations enhance transparency, uphold democracy and restore integrity to Government.

“Making sure we all know who is accountable for the decisions that affect Australian lives,’’ Assistant Minister Patrick Gorman said.

“Never again will secrecy or deception be a part of the Australian Government’s ministerial arrangements. Nor should it have ever been.”

Albo slams Morrison

Anthony Albanese has previously slammed Mr Morrison’s “unprecedented and inexcusable actions” in secretly appointing himself to multiple ministries as emblematic of the former government’s culture of secrecy.

Releasing a damning report examining Scott Morrison’s secret power grab today, prepared by former High Court judge Virginia Bell, he said the report confirms the Solicitor-General’s conclusion that the principles of responsible government were “fundamentally undermined”.

Mr Albanese said that Justice Bell found the secrecy around the appointments was “apt to undermine public confidence in government” and was “corrosive of trust in government”.

“The actions of the former prime minister were extraordinary. They were unprecedented, and they were wrong,’’ he said.

“I will recommend to the next meeting of cabinet that the Albanese Government accept all six of Justice Bell’s recommendations. The quick implementation of these recommendations will ensure that the Australian public can have full confidence that this breach of trust will never happen again.”

Former PM spoke to inquiry via lawyers

News.com.au previously revealed that Mr Morrison, who was not compelled to give evidence to the inquiry in person or via interview, did not do so.

Instead, he co-operated with the former High Court judge at arms length and via his legal team that was paid for by taxpayers and was not directly interviewed.

The former prime minister’s spokesman declined to confirm whether Ms Bell formally requested an interview or if he was interviewed.

“Mr Morrison has been engaged with the Bell Inquiry during the course of their investigation into the matters that were the subject of their terms of reference,” he said.

Health Minister Greg Hunt had agreed to the plan to share power in the health portfolio and war-gamed how to do it with then Attorney-General Christian Porter.

It then emerged that Mr Morrison also appointed himself to the Industry portfolio when Mr Porter held the role, without telling him he was using the “trick” he had taught him.

Treasurer blindsided

Former Treasurer Josh Frydenberg unloaded on Scott Morrison over his ministerial power grab, revealing he would have been rolled as Prime Minister if his cabinet colleagues had found out.

If Mr Frydenberg had known about the secret takeover before, he says he would have insisted that Mr Morrison revoke the power grab.

In a new book, Bulldozed, Niki Savva writes he would have told Mr Morrison that he was the deputy leader and the treasurer – not him.

She also reveals that colleagues say that if Mathias Cormann had known, he “would have gone ballistic”.

“If Morrison had resisted, Frydenberg is convinced there would have been a challenge, because of the level of outrage in the party’s moderate and conservative ranks,” she writes.

Why ScoMo defended his conduct

Mr Morrison has previously defended his conduct amid accusations his actions amounted to “undermining responsible government”.

In a 731-word statement released on Facebook, Mr Morrison noted that the Solicitor General found that the appointments were “valid”.

“To respond to the Solicitor General’s advice I refer to my statement last week where I set out that at no time, other than the consideration of the PEP11 matter from first principles, did I exercise powers established under these lawful authorities,’’ he said.

“This means that I did not fulfil the function of an Acting or Co-Minister, as has been alleged. Ministers continued to exercise their full authorities without any interference, with my full trust and confidence.”

“The Governor-General has no discretion to refuse to accept the prime minister’s (Mr Morrison’s) advice in relation to such an appointment,’’ the legal advice states.

“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.”