Prime Minister Scott Morrison says Alan Tudge is still "technically" a member of cabinet and despite stepping aside late last year, is free to return to the role when he is ready.
But Mr Morrison's position appears to be at odds with Mr Tudge's decision earlier this year to quit cabinet altogether.
Mr Tudge stood aside at the end of 2021 when Mr Morrison launched an investigation into claims from one of Mr Tudge's former staffers that he was emotionally, and on one occasion physically, abusive.
He strenuously denies the allegations.
The former staffer, Rachelle Miller, and Mr Tudge had been having a consensual affair at the time of the alleged behaviour.
The investigation did not find that Mr Tudge breached ministerial standards, but he decided not to return to the front bench.
"[Mr Tudge] has informed me that in the interests of his family and his own well-being and in order to focus on his re-election as the Member for Aston, he is not seeking to return to the front bench, and I support his decision," Mr Morrison said at the time.
This morning, Mr Morrison said while Mr Tudge had not returned to cabinet, his spot was still there should he want it back.
"He is a member technically of our cabinet now," he said.
"He has his portfolio, we have an acting minister in the education portfolio, he is not being paid as a minister."
Mr Morrison said Mr Tudge was still "formally" the education minister because he still had a "warrant" from the Governor-General for the ministerial position.
Stuart Robert is currently acting education minister.
"I look forward to him returning because what he's been doing in education has been very important," Mr Morrison said.
The ABC has confirmed Ms Miller has reached a settlement with the government which will be more than $500,000.
Mr Morrison would not comment or confirm the payment, saying it was a "private matter involving a sensitive issue".
Morrison remarks 'astonishing': Labor
Opposition Leader Anthony Albanese said Mr Morrison's position on Mr Tudge's future was "astonishing".
"We had a situation whereby he stood down but apparently he's still got his job in the cabinet," he said.
"I just find it remarkable, and that says it all about the chaos that is on the other side of politics."
Mr Morrison said he was taking his "whole team" to the election and would announce who his health minister would be if the government is re-elected.
Current Health Minister Greg Hunt announced he would retire at this year's election.
