Former Prime Minister Tony Abbott refused to defend Scott Morrison’s decision to secretly appoint himself to five ministries, following the fierce advice of the country’s leading lawyer.
The Attorney General was only asked to assess whether Mr. Morrison was validly appointed Minister of Resources in April 2021, not the other four portfolios he had also held.
He concluded that Morrison’s appointment is valid, but “inconsistent with the conventions and practices that form an essential part of the responsible governance system.”
Responding to the advice, Mr. Abbott told Sky News Tuesday: “I simply have no intention of (sic) defending what has been done.
“On the other hand, we have a report from the Attorney General. He clearly states that there is nothing illegal, but he also clearly states that it is just very unconventional, very unorthodox and shouldn’t have happened.
Prime Minister Anthony Albanese announced that an investigation would be launched following the publication of the legal opinion on Tuesday.
Asked if an investigation was needed, Mr. Abbott said good behavior was expected from the government and its ministers.
“When good and sensible behavior is not achieved, the best recourse is the political process,” he said.
“I guess that’s what we’ve seen happen in Australia.”
Liberal Deputy Leader Sussan Ley said the coalition recognizes the nomination process could be made more transparent and is committed to working with the government.
“The opposition is ready to follow these lines with the government with proposals to improve these processes,” he said.
“There are issues that need to be addressed that the Attorney General told us about in his report today, and that will happen.”
Morrison said it is important to reflect on some decisions and “lessons learned”.
“The Attorney General has noted a number of these points from his point of view in his board and I am sure he will help guide any change in these areas,” he said.
Anne Twomey, a professor of constitutional law at the University of Sydney, said the Attorney General had received “very little” information, and almost none, about what had happened in the prime minister’s department and cabinet.
“They should have given him information on normal official publishing practices (for appointments) and what happened in this case, which resulted in (PMC officials) not informing the relevant ministers,” he told Guardian Australia.
Morrison said that while many Australians would disagree, would not accept or understand the decisions he made, he acted with the best of intentions to “protect Australia from multiple crises.
He said the legal authorities were sound, that there was “no consistent process” to release the ministries’ details, and that ministers had “fully exercised their portfolio powers” with his confidence “without intervention.”
Morrison says his decision to reject the PEP-11 gas drilling project off the coast of NSW was the only time he used his extra-ministeral powers.
The Greens are calling for an investigation by the Privileges Commission to see if the former Prime Minister has deceived Parliament.