2022-08-20
20 August 2022
Annual Reports show the Governor General has historically publicly disclosed details of the appointment and swearing in of Ministers under section 64 of the Constitution. The failure to include reference in those reports to the former PM’s appointment to secret Ministries raises further questions as to why this did not occur and what, if any, role was played by the former PM in the non-disclosure.
The Governor General also has a practice of the daily reporting of his activities, from trivial matters such as receiving phone calls and awarding sheep dogs, through to appointing Ministers. These daily reports also inexplicably failed to disclose any of the former PM’s parallel Ministerial appointments. This disturbing pattern of non-disclosure raises very serious questions about the partial exercise of the office’s important constitutional functions.
Comments by Greens Senator and Justice Spokesperson David Shoebridge:
“This disturbing pattern of non-disclosure by the Governor General raises very serious questions about the partial exercise of the office’s important constitutional functions.
“Something is deeply broken when the Governor General tells the world that he has awarded a sash to a champion sheep dog but says nothing when he appoints the former Prime Minister to 5 new Ministries.
“A key question the Governor General and former Prime Minister must answer is, was this repeated non-disclosure by the Governor General part of a request or direction from Scott Morrison?
“The Governor General asserts that his office acts on the advice of the government. What advice did he receive from the former Prime Minister on diarising these appointments?
“Why did the Governor General not disclose any of these constitutional appointments as part of his “Constitutional Activities” in either of the 2020 or 2021 Annual Reports? Again was this at the express request of the Prime Minister?
“There is little argument that the Governor General should include these critical constitutional activities in his Annual Reports, this is part of the obligations he held under annual public reporting rules.
“The Governor General has said he wasn’t aware that the Prime Minister was keeping these appointments secret, so why weren’t they disclosed in any of the Governor General’s daily or Annual Reports?
“We now know that both the former Prime Minister and the Deputy Prime Ministers were part of the close circle who knew of Morrison’s secret appointments. Both of them need to come clean and tell the public what, if any, directions or requests they made to the Governor General about this.
“Some people might be fascinated to hear when the Governor General has hosted a dinner, made a phone call or awarded a dog. I believe the Australian public is more interested in who he has appointed under the Constitution to act as Minister of State,” Senator Shoebridge said.
Background:
Governor General’s Program:
The daily activities of the Governor General are disclosed in the Governor General’s Program, which has historically included details of when and where the Governor General has appointed and sworn in Ministers under s64 of the Constitution.
This included when the GG appointed multiple Ministers as well as individual Ministers. For example the Governor General’s Program disclosed when he appointed Anthony Albanese PM together with three senior Ministers on 23 May 2022. It also disclosed when he appointed single Ministers such as Peter Dutton as Home Affairs Minister on 27 August 2018 and Simon Birmingham as Minister for Finance 30 October 2020.
Despite this practice the Governor General’s Program failed to disclose any of the Ministerial appointments he gave to Morrison on 14 and 30 March 2020 or 15 April and 6 May 2021. On these and surrounding days the Governor General’s Program disclosed trivial activities by the Governor General such as him making phone calls, having visitors sign a condolence book and awarding a prize sash to a sheep dog.
Governor General’s Annual Reports:
The Governor General is required to publish an Annual Report that includes the “outcomes and programs” administered by his office each year. This includes a detailed list of the Governor General’s “Constitutional Activities,” for example his appointment of Ministers under section 64 of the Constitution.
The Governor General’s 2021 Annual Report disclosed four occasions when he appointed Ministers under section 64 of the Constitution, but inexplicably failed to disclose either of Mr Morrision’s appointments on 15 April or 6 May 2021. Likewise the Governor General’s 2020 Annual Report disclosed when he appointed 5 Ministers under section 64 of the Constitution, but failed to disclose either of Mr Morrison’s appointments on 14 or 30 March 2020.