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6. Media reporting suggests that the Hon Keith Pitt MP, who administered DISER concurrently with Mr Morrison, was unaware of the above appointment for a period of some months. It also suggests that the Cabinet as a whole, the Parliament and the public were not aware of the appointment until about one week ago.
7. At various times between March 2020 and May 2021, Mr Morrison was also appointed by the Governor-General to administer four other departments. Those appointments likewise were not made public and, in some cases, apparently, were not known to the Ministers who administered the relevant departments concurrently with Mr Morrison or to the Secretaries of those departments. I have not been asked to express any opinion in respect of those appointments.
8. The question upon which my advice is sought, and my short answer to it, is as follows:
| Question: | Was Mr Morrison validly appointed to administer the Department of Industry, Science, Energy and Resources on 15 April 2021? |
| Answer: | Yes. The Governor-General, acting on the advice of the Prime Minister, has power under s 64 of the Constitution to appoint an existing Minister of State, including the Prime Minister, to administer an additional department of State. The Governor-General has no discretion to refuse to accept the Prime Minister's advice in relation to such an appointment. 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. Accordingly, Mr Morrison was validly appointed to administer DISER on 15 April 2021. |
