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/4

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That said, the fact that the Parliament, the public and the other Ministers who thereafter administered DISER concurrently with Mr Morrison were not informed of Mr Morrison's appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government prescribed by Ch II of the Constitution. That is because it is impossible for Parliament and the public to hold Ministers accountable for the proper administration of particular departments if the identity of the Ministers who have been appointed to administer those departments is not publicised. That conclusion does not depend on the extent to which Mr Morrison exercised powers under legislation administered by DISER, because from the moment of his appointment he was responsible for the administration of the department. The existing practices by which appointments under's 64 of the Constitution are notified to the Parliament and the public are deficient. I propose various mechanisms by which those practices could be improved at the end of this opinion.

II. CONSIDERATION

(a) Constitutional context

9. Chapter II of the Constitution "establishes and sustains the Executive Government of the Commonwealth". 2 Within Ch II, s 61 vests the executive power of the Commonwealth in the Queen and makes it "exercisable by the

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