Key Points
- It is unprecedented in Australian politics for two ministers to hold the same portfolio
- The solicitor-general is now preparing legal advice for the prime minister about the appointments
Scott Morrison has given his first press conference since losing the election to address damaging revelations about his time in office.
The former prime minister was secretly sworn in as a minister to several government portfolios including the Treasury, the Health Department and Home Affairs.
The news has prompted a media storm, which culminated in a fiery press conference in Sydney on Wednesday where Mr Morrison defended his actions and refused to resign from parliament.
Here’s what we know, and what remains to be answered.
What ministries did Mr Morrison hold?
As prime minister, Mr Morrison was secretly appointed into five additional portfolios during his tenure.
All these portfolios already had serving ministers known to the public, but Mr Morrison was given the same ministerial powers.
For example, there were two people given the powers to act as Treasurer during that time.
In most cases, the minister was unaware the prime minister had effectively shadowed them.
The clandestine appointments took place over a period of 14 months from the beginning of the pandemic.
While it is not uncommon for ministers to hold multiple portfolios, it is unprecedented in Australian politics for two ministers to hold the same portfolio.
Mr Morrison did not receive additional payments for taking on the additional roles.
Did Mr Morrison use his powers?
Mr Morrison claimed that he did not use his ministerial powers, or receive ministerial briefs while holding these additional portfolios.
"The fact that ministers were unaware of these things is actually proof of my lack of interference or intervention in any of their activities," he said.
But there was one exception.
In December 2021, Mr Morrison personally intervened to block the PEP-11 gas exploration proposal.
The proposal would have allowed drilling 50km off the coast of NSW and had drawn community opposition across a number of seats held by Liberal members.
Then prime minister Scott Morrison announced he would move to block the PEP-11 proposal during a visit to Terrigal on December 16, 2021 Source: AAP / MICK TSIKAS
“I decided to take the decision as the prime minister, which I'm authorised to do,” he told reporters in December 2021.
How did he do it?
Ministers are usually sworn in by the governor-general in a public swearing-in ceremony.
But Mr Morrison was instead sworn in using an administrative instrument by Governor-General David Hurley, who was acting on the then prime minister's advice.
Unusually, the appointments made under this method were not publicised on the official gazettes, as is normal practice.
A spokesperson for Mr Hurley said “normal process” was followed and the appointments were consistent with Australia’s constitution.
The solicitor-general is now preparing legal advice for the prime minister about the appointments.
Constitutional law expert Anne Twomey told SBS News the swearing-ins appeared to be a “valid constitutional act.”
“It would be constitutional ... but the real problem is the secrecy of it, which undermines government transparency,” she said.
Why did he do it?
Mr Morrison justified the decision to assume the Health and Finance portfolios as necessary safeguards during the COVID-19 pandemic.
He argued that during the early days of pandemic, there were serious concerns about the impact of the virus on both the fabric of society but also the stability of government.
If a minister was incapacitated by the virus, he argued, there would need to be a contingency in place to ensure decisions could be made.
Then Health Minister Greg Hunt and then Prime Minister Scott Morrison in December 2021. Source: AAP / CON CHRONIS
There were also concerns that invoking emergency powers under the Biosecurity Act would give then Health Minister Greg Hunt unprecedented control over the country, without adequate checks and balances.
Mr Morrison said that as prime minister, he believed "it was necessary to have authority, to have what were effectively emergency powers, to exercise in extreme situations that would be unforeseen”.
He justified the appointments to the Treasury, Home Affairs, and Industry portfolios because they were “significant areas of importance” where ministers had broad individual decision-making powers that were not subject to the approval of cabinet.
“As prime minister, only I could really understand the weight of responsibility that was on my shoulders and on no-one else.”
Who in the government knew?
Mr Morrison did not tell his cabinet colleagues about the secret appointments.
But some were made aware of at least some of the arrangements.
Deputy Prime Ministers Barnaby Joyce and Michael McCormack, Health Minister Greg Hunt, Resources Minister Keith Pitt and Finance Minister Simon Birmingham all became aware the Prime Minister had assumed control over additional portfolios.
Attorney-General Christian Porter advised Mr Morrison as to how the appointments could be made without a swearing-in ceremony.
None say they were aware of all five appointments. Senator Birmingham and Mr Porter, who later became Industry Minister, were also not informed the prime minister was shadowing their roles.
A larger number of Cabinet colleagues have said they were completely unaware, including Mathias Cormann, who served as Finance Minister in 2020 and Peter Dutton, who now serves as Opposition leader.
Treasurer Josh Frydenberg was also kept out of the loop, despite living with Mr Morrison during the COVID-19 pandemic.
Home Affairs Minister Karen Andrews was also blindsided and has led calls for Mr Morrison to resign from politics.
