Oliver Peterson: Albanese seeks legal advice as new detail emerges in Scott Morrison bombshell

Governor-General David Hurley has confirmed he swore Scott Morrison into multiple ministerial roles – in some cases without the existing minister’s knowledge – but has distanced himself from the decision to keep the changes a secret.

In March 2020, the former Prime Minister was sworn in as a second Health Minister and second Finance Minister, with the move never made public, even to his colleagues.

The Governor-General’s office said in a statement to news.com.au it was acting on the advice of Mr Morrison and the decision to publicise the arrangements was a matter for “the government of the day”.

This development comes shortly after Prime Minister Anthony Albanese blasted his predecessor’s secrecy, and confirmed he was seeking advice on the legality of Mr Morrison’s appointments.

“This is extraordinary and unprecedented,” he said.

“In Australia, we have a Westminster system of government that produces accountability. This is the sort of tin-pot activity that we would ridicule if it was in a non-democratic country.”

Mr Albanese said he was seeking a briefing from the Department of Prime Minister and Cabinet.

“Let’s be very clear – Australians knew during the election campaign that I was running a shadow ministry. What they didn’t know was that Scott Morrison was running a shadow government,’’ he said.

Mr Albanese said it was “extraordinary” that then-Finance Minister Mathias Cormann wasn’t even told the former Prime Minister had joined him in his portfolio.

“A whole lot of questions arise from this. What did Peter Dutton and other continuing members of the now shadow ministry know about these circumstances?’’ he said.

“We had the extraordinary revelation that Mathias Cormann, apparently, wasn’t aware that Scott Morrison was the Finance Minister as well as himself.

“And how is it that the Governor-General could swear-in Scott Morrison into ministerial portfolios without there being a transparency there about that process? This is quite extraordinary.

“This is a government of Australia where the people of Australia were kept in the dark as to what the ministerial arrangements were. It’s completely unacceptable.

“This is very contrary to our Westminster system. It is unbecoming. It was cynical and it was just weird that this has occurred.”

In a statement to news.com.au, a spokesperson for Governor-General David Hurley said the head of state was not doing anything out of the ordinary by appointing the minsterships to Mr Morrison.

“The Governor-General, following normal process and acting on the advice of the government of the day, appointed former Prime Minister Morrison to administer portfolios other than the Department of the Prime Minister and Cabinet. The appointments were made consistently with section 64 of the Constitution,’’ the spokesperson said.

“It is not uncommon for ministers to be appointed to administer departments other than their portfolio responsibility. These appointments do not require a swearing-in ceremony – the Governor-General signs an administrative instrument on the advice of the Prime Minister.

“Questions around appointments of this nature are a matter for the government of the day and the Department of the Prime Minister and Cabinet. Similarly, the decision whether to publicise appointments to administer additional portfolios is a matter for the government of the day.”

News.com.au revealed on Sunday the former Prime Minister swore himself in as Resources Minister and ultimately used the power to roll his own frontbencher, Keith Pitt, over a plan to drill for gas off the New South Wales coast.

Mr Pitt has told colleagues he was kept in the dark and shocked to learn of the prime minister’s secret powers during discussions with him and his office in late 2021 over the controversial oil and gas project.

In December of 2021, Mr Morrison announced he was taking the first steps towards killing the gas project.

Mr Pitt wanted to move ahead with approvals. Mr Morrison did not.

It was during this process, when he was presented with a range of options, that the prime minister revealed to Mr Pitt he was secretly sworn in as the minister and could make the decision himself.

Mr Pitt was so concerned that he asked for the executive order outlining how two ministers could be sworn into the portfolio, only to discover it did not exist.

Coalition sources have told news.com.au Mr Pitt then complained to the deputy prime minister, Michael McCormack, but was told: “He’s the prime minister”.

Multiple former cabinet ministers have told news.com.au they either didn’t understand why it had been done or objected to it.

“The problem with Scott is he had this grandiose view of himself,” one former minister said.

“And it was kind of weird.”

Government sources have confirmed that ministers can be appointed under instrum