Push for tighter rules to avoid ‘power grab’

Anthony Albanese is facing calls within Labor to tighten ministerial powers and review the checks and balances of the Biosecurity Act.

Anthony Albanese in Sydney on Monday. Picture: Gaye Gerard / NCA Newswire

Anthony Albanese is facing calls within Labor to tighten ministerial powers and review the checks and balances of the Biosecurity Act, as Governor-General David Hurley backs a “more transparent process” to avoid a repeat of Scott Morrison’s secret cabinet appointments.

The Prime Minister will release legal advice into Mr Morrison’s seizing of five cabinet portfolios on Tuesday, in the first step towards an expected overhaul of the way appointments can be made.

Ahead of the release of Solicitor-General Stephen Donaghue’s ­advice, Mr Hurley’s spokesman called for a “more transparent process” to ensure any future ministerial appointments are made public, as he continues to face questions over his role in Mr Morrison’s secret cabinet moves.

“The Office of the Official ­Secretary to the Governor-General is not responsible for publishing these sorts of administrative appointments. In response to current media commentary, there is no secret or conspiracy in the ­office’s reporting,” a spokesman said on Monday.

“The office supports a more transparent process to ensure that any appointments made under section 64 are made public.”

Victorian MP Julian Hill, chair of the joint committee of public ­accounts and audit committee, said there needed to be transparency over ministerial appointments more broadly, including clarity on which ministers were in charge of what areas of government.

“There are many lessons to be learnt from Morrison’s excessive secrecy and extreme power grab; greater transparency in ministerial appointments and delegations seems a no-brainer,” he said.

Mr Hill said the government should review the Biosecurity Act – a call that former deputy chief medical officer Nick Coatsworth made last week – and consider ­legislating more checks and balances on such powers.

“The commonwealth could learn from Victoria’s legislation which has far greater transparency checks and balances and parliamentary accountability over pandemic and emergency powers wielded by ministers,” Mr Hill said.

Coalition MPs including ­Nationals leader David Littleproud have expressed support for the closing of “loopholes”.

Victorian Labor MP Josh Burns said questions over whether the former prime minister misled the parliament when outlining ministerial responsibilities also needed to be addressed.

Mr Albanese received the Solicitor-General’s advice on Mr Morrison’s cabinet moves on Monday and will release it on Tuesday after meeting his cabinet.

“Quite clearly there are real questions to be answered here,” Mr Albanese said.

“There is 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.”

Constitutional law expert Anne Twomey echoed Mr Hill’s comments and said charter letters, which are written by prime ministers to each minister setting out their responsibilities, should automatically be made public.

“People, including public servants, are often not aware which minister has responsibility for what,” she said.

It follows charter letters being blocked by the former government in April last year citing cabinet-in-confidence, despite such practices being made public in state governments and in other democracies.

Professor Twomey said ministers operating under one department – for example the way immigration and home affairs ministers both have oversight of the home affairs mega department – created “conflict”.