Former prime minister Scott Morrison's secret self-appointment to several ministries was "corrosive" to trust in government, former High Court justice Virginia Bell's inquiry has found.
The Bell Inquiry has recommended new laws that would require public notice of the appointment of ministers to an office, including temporary appointments, and departments to publish lists of ministers appointed to administer them.
Mr Morrison secretly appointed himself to administer several ministries throughout the COVID-19 pandemic, and in one instance used the powers to overrule a minister in a matter unrelated to the pandemic.
Ms Bell refuted previous assertions by Mr Morrison that he gave himself the powers in response to the COVID-19 pandemic, saying self-appointments to the treasury, home affairs and industry, science, energy and resources portfolio had "little if any connection to the pandemic".
She said Mr Morrison had also instructed his department to prepare a brief for his appointment to administer the agriculture, water and environment portfolio, though he decided not to proceed with it.
In a statement on social media, Mr Morrison said he noted criticisms of his decision to appoint himself to several ministries, saying it was during an extremely challenging period when there was a need for considerable urgency.
"As prime minister, my awareness of issues regarding national security and the national interest was broader than that known to individual ministers and certainly to the inquiry," Mr Morrison said.
"This limits the ability for third parties to draw definitive conclusions on such matters."
'Unusual', 'overkill' — secret ministries not needed
Department staff also advised Mr Morrison that it was "somewhat unusual for the prime minister to be appointed to administer departments outside of the prime minister and cabinet portfolio", although there was no constitutional barrier to doing so.
Senior counsel within the Australian Government Solicitor's office also advised that Mr Morrison's move to assume powers over the health portfolio was "overkill", a view backed by Ms Bell, who said Mr Morrison could have authorised powers over the portfolio in a matter of minutes if it became necessary.
However, the former justice confirmed Mr Morrison only used his secret powers in one instance — to overrule then-resources minister Keith Pitt to block a petroleum exploration licence, a decision unrelated to COVID-19.
Ms Bell wrote the then-head of the Department of Prime Minister and Cabinet, Phil Gaetjens, "considered that Mr Morrison had been made aware" of the risk of a successful legal challenge to that move, though he did not seek to advise him "more strongly".
The former justice found some senior ministers and senior public servants were made aware of some of Mr Morrison's self-appointments, however, his swearing into the health portfolio was not disclosed to the Department of Health, and appointments to treasury, finance and home affairs were not disclosed to anyone but a handful of people within Mr Morrison's office and department involved in arranging the appointments.
Through lawyers, Mr Morrison advised that he did not advise his department not to publish notifications of the appointments, and he understood that the "usual practice" would apply.
"It is difficult to reconcile Mr Morrison's choice not to inform his ministers of the appointments out of his wish not to be thought to be second-guessing them, with his belief that the appointments had been notified in the Commonwealth Gazette," the former justice wrote.
The power grab was widely criticised by members of parliament and by the former cabinet, including former home affairs minister Karen Andrews, who called on Mr Morrison to quit parliament over the revelations.
On social media, Mr Morrison reasserted that his move was lawful, that there was no consistent process for publishing ministry appointments and that ministers were allowed to exercise their portfolio duties without intervention — except in the case of the blocked petroleum exploration licence.
Mr Morrison welcomed the recommendations made by Ms Bell.
"I am pleased that this matter has now concluded and I can continue, as I have since the last election, to serve the people of Cook as their federal member of parliament," Mr Morrison wrote.
"The unprecedented and inexcusable actions of the former prime minister were emblematic of the culture of secrecy in which the previous Government operated," Prime Minister Anthony Albanese said.
He said he intended to accept all the recommendations Ms Bell made at the next meeting of cabinet "to restore the Australian people's faith in our democratic institutions".
When asked if Mr Morrison should resign from parliament, Mr Albanese said "a whole lot of people need to look at their behaviour in this".
"Where's the apology to the Australian people who were clearly misled and weren't told about the structure of their government? That is who we are accountable to," Mr Albanese said.
On Friday morning, Josh Frydenberg, former treasurer and close ally of Scott Morrison, said his secret ministries were "extreme overreach" and should not have happened.
