Explainer: How Scott Morrison’s secret ministerial plan unfolded

Scott Morrison’s move to secretly assume ministerial roles while in power has dumbfounded many. Here we try to explain how and why the move was made.

It’s been revealed that former prime minister Scott Morrison secretly gave himself ministerial roles while in power, sometimes without the knowledge of the ministers themselves. We try to explain how and why this novel (and rather confronting) idea came about.

The Prime Minister was also the treasurer, health, home affairs, finance, and resources minister at the same time? Please explain?

Great question! This development has everyone bamboozled after it was revealed that Scott Morrison hatched a secret plan with then-attorney-general Christian Porter during the Covid pandemic to ensure continuity of government if a minister tested positive for Covid and became incapacitated. On four separate occasions, Governor-General David Hurley gave Morrison the power over those portfolios without an official swearing-in ceremony. He then remained in those roles until election day.

Scott Morrison hatched the secret plan with then-Attorney-General Christian Porter. Picture: Gary Ramage

When did Morrison come to be wearing so many ministerial hats?

Morrison was appointed to five extra portfolios between March 2020 and May 2021. He was appointed to administer the health department at the start of the pandemic on March 14, 2020.

He also got power over the finance department on March 30, 2020, when his government unveiled the JobKeeper wage subsidy. Most people can reason that given the chaos and uncertainty in the early days of the pandemic, this is an understandable thing to do.

However, the addition of the Department of Industry, Science, Energy and Resources on April, 15 2021, and then the treasury and home affairs departments on May 6, 2021 has turned heads. The latter, Morrison says, was added as an “administrative precaution”.

Health Minister Greg Hunt knew about the plan at the beginning of the pandemic.

Who knew about it?

Health Minister Greg Hunt knew back in 2020. Resources Minister Keith Pitt also found out when Morrison used his power to halt the contentious PEP-11 gas exploration licence off the NSW coast in 2021. Some people in Prime Minister and Cabinet, including the secretary, also knew. But Home Affairs Minister Karen Andrews, Finance Minister Mathias Cormann and Treasurer Josh Frydenberg have revealed they weren’t told.

So why didn’t one of them spill the beans?

Your guess is as good as mine.

How has he justified the decision?

Morrison says it was an “extraordinary time” – which we can all agree with. In a 1279 word essay on Facebook, the former PM said it was a safeguard because some portfolios had ministerial powers that were not overseen by cabinet, and that aside from the gas drilling decision, the powers were not used.

Scott Morrison argues he made the move as a ‘safeguard’. Picture: Jason Edwards

Has he apologised?

Yes, he apologised for any “offence” caused to his colleagues.

Why was it kept a secret?

Only Morrison can answer that one, as it didn’t have to be. In a radio interview on Tuesday morning, he failed to mention that he was also in charge of treasury and home affairs.

How does a Prime Minister literally swear himself into ministerial roles?

Each of these appointments was made under Section 64 of the Constitution. The Governor-General signs an administrative instrument on the advice of the prime minister. The legality is now under the microscope.

If Morrison wanted these contingencies, could he have gone about it another way?

Normal cabinet and expenditure review committee processes could have been used to make decisions in the health and finance portfolios if the relevant ministers became ill. Even if the PM only wanted to have one person authorised to make faster decisions, he could have immediately arranged an acting minister to replace anyone who was suddenly unable to do their duty.

Governor-General of Australia David Hurley.

Is this lack of transparency unprecedented?

The Governor-General said it was “not uncommon” for ministers to be appointed to administer departments other than their portfolio responsibility, adding they do not require a swearing-in ceremony. However normally any acting minister appointments are announced publicly.

Does the choice make any sense in any version of democracy?

Some Morrison supporters seem to think so. But when the public is calling for greater transparency in the parliament, it doesn’t really pass the pub test. And if it was so important, why shouldn’t the public have known?

It seems to have caught everyone by surprise. Even Coalition ministers have expressed concerns?

Yes – some including those whose portfolios Morrison took on have said they would have liked to have been informed.

Karen Andrews has called for Morrison to resign.

The reactions have ranged from “weird” to “dictatorial”?

Morrison government minister Karen Andrews has even gone as far as to claim it a “betrayal” and call for Morrison to resign.

What happens now?

The Prime Minister has sought further advice from the Solicitor-General as to the use of these extraordinary powers, and other examples of it. Those details are expected to be ready next Monday.

Will constitutional lawyers be talking about this for decades?

If you’ve got a time travelling device, we should jump in and find out. There is no doubt the move is unprecedented.