Inquiry to examine Morrison ministries

Prime Minister Anthony Albanese on Tuesday released advice from the solicitor-general on the legal implications of Mr Morrison's decision to secretly swear himself into the resources ministry.

The solicitor-general was not asked to look into the other four roles taken on by Mr Morrison.

While the advice said Mr Morrison was validly appointed to the role of resources minister in April 2021, it said the secrecy surrounding the appointment was unusual.

"(That) the parliament, the public and the other ministers who thereafter administered (the resources department) concurrently with Mr Morrison were not informed of Mr Morrison's appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government," the advice said.

"It is impossible for parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the ministers ... appointed to administer those departments is not publicised."

The solicitor-general's advice said the governor-general had no discretion to refuse the then-coalition prime minister's advice to appoint him as minister.

A spokesman for Governor-General David Hurley said: "He supports the process that the prime minister spoke to and has no further comment."

Mr Morrison said in a statement that while many Australians would not agree with or understand his decisions, he acted with the best of intentions to "protect Australia in the face of multiple crises".

He said the legal authorities were valid, there was "no consistent process" for publishing details of ministries, and that ministers had "exercised their portfolio authorities fully" with his confidence and trust "without intervention".

Mr Morrison stood by his previous comment that at no time other than rejecting the PEP-11 gas project decision did he exercise powers under the ministerial legal authorities he had received.

That decision as resources minister - at odds with the then minister Keith Pitt - is the subject of court action.

Shadow attorney-general Julian Leeser acknowledged the solicitor-general's advice on improving practices.

"The opposition will work with the government on any reasonable proposals to provide clarity to processes and improve transparency in ministerial appointments," he said.

Greens justice spokesman David Shoebridge said the inquiry required strong powers and resources.

"The Greens will work with the government to ensure this inquiry has full royal commission powers, with the power to compel witnesses, including the former prime minister," he said.

Mr Albanese said the inquiry into Mr Morrison's actions would be stand-alone, and not woven into an examination of decisions taken during the pandemic.

"It needs to be not a political inquiry but an inquiry with an eminent person with a legal background to consider all of the implications," he said in Canberra on Tuesday.

Mr Albanese said the inquiry would also look at reform to ensure secret appointments could not take place again.

The solicitor-general's advice also recommended changes, including altering the form of published ministry lists to include all appointments and responsibilities.

"The government could require, as an administrative practice, the website of each department to list all of the ministers who have been appointed to administer that department," the advice said.

Mr Albanese said he asked the Department of Prime Minister and Cabinet to work with the governor-general's office to adopt the practice of gazetting all future appointments.

He said the government had not decided whether to support a possible censure motion of Mr Morrison in parliament during the next sitting week.

Deputy Prime Minister Richard Marles said regardless of the findings Mr Morrison should face repercussions.

Australian Associated Press