Scott Morrison portfolio: Solicitor general delivers legal advice

Anthony Albanese says a legal probe into Scott Morrison’s secret appointments has been completed, as Christine Holgate raises questions over a review into her Australia Post role.

Anthony Albanese is set to receive legal advice about whether the former prime minister breached any rules after he secretly appointed himself to five portfolios.

Solicitor general Stephen Donaghue has handed down the highly awaited counsel, the prime minister confirmed on Monday morning, and he will be briefed about it in the afternoon.

He said he intends to release the findings of the report on Tuesday.

“I intend to release that advice so that people can see it and be transparent about it and we will, because my government, as an orderly government, we have cabinet meetings tomorrow. I think politeness and proper process means that they should have access to it. I will do that and I intend to release the advice tomorrow,” Mr Albanese told reporters in Sydney.

He added there was a question of legality.

“There hasn’t been a suggestion of illegality but … there have been questions raised about how this could occur, how it fits in with the conventions and the normal accountability mechanisms and checks and balances that are there in our parliamentary democracy. They are matters that need to be considered.”

Prime Minister Anthony Albanese has signalled he plans to hold a separate probe. Picture: Gary Ramage

The Prime Minister on Sunday signalled even if the matter was declared legal, he planned to hold a separate probe into whether Mr Morrison broke parliamentary rules.

Mr Albanese told Sky News there was “a need for proper scrutiny of what occurred” and he was considering changes to federal laws to stop it from happening again.

Former Australia Post boss Christine Holgate says she’s concerned Mr Morrison was secretly sworn into the department tasked with investigating her conduct.

Despite being cleared of any wrongdoing after giving senior executives bonuses in the form Cartier watches valued at a total of $20,000, Ms Holgate has questioned the Department of Finance review’s independence.

“There was supposed to be an independent review into my situation that was led by the finance department,” Ms Holgate told the ABC on Monday.

“We now find out Mr Morrison was the minister of the finance department under that review, so it doesn’t sound very independent to me and I think it is very concerning.”

Australia’s former prime minister Scott Morrison insists he has done nothing wrong. Picture: AFP

Ed Husic, the minister for industry and science, told ABC Radio on Monday he had raised concerns about Mr Morrison’s appointment to the industry portfolio last year.

Under the industry portfolio, Mr Morrison took control of the Modern Manufacturing Initiative and approved 17 projects before the federal election with more than half in Coalition seats.

Asked whether it constituted pork-barrelling, Mr Husic said: “I was concerned last year when I saw Morrison had made himself the decision maker, wrote to him and his people didn’t think there was any issue.”

Mr Husic said the government is reviewing the 17 projects approved under Mr Morrison.

“We’re going through the review and we’ll make a decision … it is a very big call to take money off the table for industries and businesses that have factored that in,” he said.

Christine Holgate has fired up over the secret portfolio saga. Picture Gaye Gerard

Mr Morrison assumed joint control the departments of home affairs, treasury, health, finance and resources.

He said he assumed the roles because “there was a clear expectation” that as PM he was responsible “pretty much for every single thing that was going on”.

The Governor-general David Hurley said he had “no reason” to think Scott Morrison wouldn’t communicate his power grab.

“Any questions around secrecy after the Governor-General had acted on the advice of the government of the day are a matter for the previous government,” the GG’s spokesman said in a statement.

Nationals leader David Littleproud on Monday told Sky News he would support closing any “loopholes” revealed by the solicitor general to “protect that in-built trust in our democratic institutions”.

BARNABY: AUSSIES ‘DON’T GET’ SCOMO SAGA

Former deputy prime minister Barnaby Joyce has revealed that he feared the political consequence of speaking up over the Scott Morrison ministerial saga.

In an interview with Channel 7’s Sunrise on Monday morning, Mr Joyce admitted that while he had negotiated an additional ministerial portfolio for the National Party before returning to a leadership role in the Morrison government, he did fear that it could be taken away.

“It was quite obvious, if the prime minister wanted to he could just take the ministry back from us,” Mr Joyce said.

The Nationals MP said he didn’t believe in a “presidential system” of government and “this shouldn’t have happened”, referring to Mr Morrison secretly appointing himself to five portfolios.

However, he conceded that Mr Morrison had not “done anything illegal”.

Barnaby Joyce was grilled over former PM Scott Morrison signing into the role of Resources Minister. Picture: ABC

He went on to suggest that this could be difficult to comprehend for the Australian public.

“The Australian public don‘t quite get this,” he said, suggesting that they are more concerned with the cost of living crisis.

Mr Joyce visibly lost his cool during an interview with ABC Insiders host David Speers on Sunday morning.

Speers drilled down on the former National Party leader asking him to clarify what he knew of the former prime minister’s controversial swearing in to one of five ministerial roles.

“What do I need to do? Do I need to write it to you and hand it to you in a letter, it is as clear as that,” Mr Joyce said after being asked to provide a clear answer on the matter.

The line of questioning related to the former prime minister’s decision to use extraordinary ministerial powers to block the controversial Pep-11 gas exploration licence off the coast of NSW.

Mr Joyce couldn’t nail down a timeline for when Morrison informed him of the decision. Picture: ABC

The Guardian Australia has reported the decision is being challenged in the federal court by a company, Asset Energy, that accused the former prime minister of denying them procedural fairness.

Asked when exactly he was informed that Mr Morrison had sworn himself into the resources portfolio, Mr Joyce could not determine a specific date.

“Over time and obliquely, he informed me that he could override the PEP11 decision,” he said.

The ex-Nationals leader could not say Mr Morrison had told him that he had assumed the role of resources minister.

“No, he never said that,” Mr Joyce said.

“He never said to me, ‘I was the Minister Resources’.”

Mr Joyce admitted he ‘had other things on his mind’ during the saga. Picture: ABC

Speers probed further, asking why the then deputy prime minister wouldn’t have been notified of such a significant decision.

“I probably had other things on my mind, we were negotiating one of the biggest deals in Australian history in supporting regional Australia,” Mr Joyce said.

“I had negotiated an extra minister, the National Party kind of liked that.”

Speers attempted to clarify that the reason Mr Joyce did not know more was because he had negotiated an extra minister and staff for the National Party.

“No, no, don't verbal me,” Mr Joyce cut in.

“The PEP11 decision was made by the prime minister. It is on file. You can watch it yourself. There is a press conference. What else do you want.”