Page:In the Matter of the Validity of the Appointment of Mr Morrison to Administer the Department of Industry, Science, Energy and Resources – Opinion.pdf/2

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Resources" (DISER).[1] Mr Morrison advised the Governor-General that this appointment would allow him "to be the responsible Minister for matters within that Portfolio, if and when required".

2. Mr Morrison enclosed with his letter a document headed "Appointment of Minister of State", with space for the Governor-General's signature. That document was in the following terms:

I, DAVID JOHN HURLEY, Governor-General of the Commonwealth of Australia, pursuant to sections 64 and 65 of the Constitution, hereby direct and appoint [Mr Morrison], a member of the Federal Executive Council, to administer the DEPARTMENT OF INDUSTRY, SCIENCE, ENERGY AND RESOURCES.

3. The Governor-General, acting on Mr Morrison's advice, executed the instrument in those terms on 15 April 2021 (Instrument of Appointment).

4. In a short submission dated 12 April 2021, the Department of the Prime Minister and Cabinet had advised Mr Morrison that he did not need to subscribe an oath of office in relation to the above appointment, and no such oath was in fact subscribed.

5. I am instructed that, after the Instrument of Appointment was executed by the Governor-General, "[n]o further action was taken by the Department [of the Prime Minister and Cabinet] in relation to this appointment. That is, no announcement was made, the Instrument [of Appointment] was not published, no change was made to the Ministry List which is tabled in Parliament, and no gazettal was pursued". I have not been briefed with any information concerning whether the lack of any notification was the result of a direction from Mr Morrison, or for some other reason.


  1. Now the Department of Industry, Science and Resources.