Jerome Laxale (Bennelong, Australian Labor Party) Share this | Hansard source

I thank the Member for Dunkley for her wise words in support of this very important legislation, the Ministers of State Amendment Bill 2022. There've been many seminal moments and historical moments in the short history of our democracy and federation. There are moments that we reflect on and go: where was I when? 'Where was I during the moon landing?' is something you often hear people chat about. Where was I when Cathy Freeman won gold in the 400 metres? Where was I on the date of the dismissal?

Now, in 2023, we reflect: where was I when I found out the former Prime Minister and member for Cook swore himself into five secret ministries? Where was I when I found out about the deep betrayal by our former Prime Minister? As I was writing this speech, I thought I would take myself back to that time and just think about everyone's shock and disbelief at reading this news. I remember that day in August last year. My phone was going off with messages from everywhere. I recall one I sent to my partner, Jo, which was just a link to the breaking news, and all I typed was, 'OMG WTF!' It was a truly extraordinary moment. OMG WTF, indeed.

As we speak on this legislation, I thought it would be useful to understand the history of this extraordinary moment. We need to remember and refresh our memories about this absolute betrayal by the member for Cook of parliamentary process and of our democracy. He further severed the trust he held with the Australian people, and here's how it played out.

In August last year the current Prime Minister confirmed that, between March 2020 and May 2021, the member for Cook appointed himself to administer the Department of Health on 14 March 2020, as Minister for Finance on 30 March 2020, as Minister for Industry, Science, Energy and Resources on 15 April 2021, as Minister for Home Affairs on 6 May 2021 and as Treasurer on 6 May 2021. This revelation came just hours after the member for Cook said that he didn't recall whether he had been sworn into ministries other than Health and Finance. Imagine that! Imagine not recalling whether you were appointed a minister! He went on the radio nationwide and said, 'I don't recall being appointed.' Extraordinary!

Anyway, let's go through each one, because it's important, as we try to fix the mistakes of the past, that we understand what happened and when. On 14 March 2020, the member for Cook appointed himself to the Department of Health, as Minister for Health. At the time Australia had recorded just 100 cases of COVID. Five days later Australia would close its borders to international travellers, and returning Australians would thereafter be ordered into hotel quarantine. In what we learned to be a rare exception, the member for Cook had the support of the then health minister, Greg Hunt, to appoint himself to the portfolio; we know that's an exception to the other portfolios he appointed himself to. It's believed it had been discussed with other members of the national security cabinet, and we learned also that the reasoning for it was it was a safeguard mechanism should Mr Hunt become ill or infected. This one is half understandable—totally not necessary because we know that current processes mean if a minister is unavailable we can appoint a new one quite quickly, so it was not needed. But, sure, a few people talked about it, it seemed okay, and those in the know knew. But what's not understandable and not okay is that neither the public nor the parliament were informed of the member for Cook's secret appointment. That's not okay, and that didn't happen.

Then, on 30 March 2020, the member for Cook appointed himself to the Finance portfolio. On that same day he announced the JobKeeper scheme, which provided a $1,500 fortnightly payment to about six million Australians. The member for Cook said last year of this appointment, 'The situation was unprecedented and extraordinary', and that he needed a backup plan. I'll tell you what was unprecedented and extraordinary: the fact that then finance minister—the real one, not the substitute—Mathias Cormann did not know that the member for Cook had appointed himself to the Finance portfolio. Once again the public and the parliament were not informed. Interestingly, the member for Cook said at the time that not informing the real Minister for Finance that he had appointed himself to the same portfolio had been an oversight of his office—not an oversight of his, but of his office. There's always someone else to blame, for the member for Cook; nothing's his fault. And there was no apology to the parliament or to the Australian people for not informing them. It was just an oversight of his office not to inform the actual finance minister.

On 15 April 2021, over a year later, the member for Cook appointed himself to the portfolios of Industry, Science and Resources. The member for Hinkler, who was the resources minister at the time, said he had a conversation at the time with the member for Cook. But neither of them made those conversations public; again, the parliament and the public were not informed that the member for Cook had also acted in that portfolio. And we now know, as the member for Dunkley just outlined, the absolute mess that that has left communities in up and down the New South Wales coast, through that court case—something that is a real consequence of these terrible decisions of the member for Cook. Again, the public and the parliament were not made aware.

On 6 May the member for Cook—starting to get used to the process—instead of appointing himself to one extra portfolio in one day appointed himself to two extra portfolios. He appointed himself as Treasurer and as the Minister for Home Affairs. He was getting more efficient, the more he did it, you see. But he didn't tell the public, didn't tell the parliament, didn't tell the Treasurer and didn't tell the member for McPherson that he'd appointed himself to these portfolios.

There's no doubt that the actions of the member for Cook were unprecedented and extraordinary. It's now a responsibility of this government, which was elected on a platform of integrity, to fix this issue and ensure that it never occurs again. The Australian people elected us to restore and rebuild trust in this place and in politics generally. That's why this Ministers of State Amendment Bill is so important. This bill will ensure that the Australian people have transparency and accountability in their government. They will never have to find out that such a terrible misuse of office has occurred and they will be able to access such information related to the composition of the federal executive—those appointed to administer certain departments of state and the highest offices that ministers of state hold.

What the former Prime Minister did isn't just unconventional, isn't just unorthodox; it is and was a violation of the conventions of this place. And it is indefensible, as we learnt from those within his own party, some of whom are still here today—senior members of his own party who also thought these actions were indefensible. The former member for my own seat of Bennelong, former Prime Minister John Howard, stated that he didn't think the member for Cook should have done what he did, that there was no need to do it and that he would not have done it. Of course he would never have done it! There's no-one in the history of this place who would ever think to do this, other than someone of the calibre of the member for Cook. Former Prime Minister Malcolm Turnbull said:

This is sinister stuff. This is secret government.

I think this is one of the most appalling things I have ever heard in our federal government.

I mean, the idea that a Prime Minister would be sworn in to other ministries, secretly, is incredible.

Upon finding out that the former Prime Minister had sworn himself into her portfolio, the member for McPherson told the media:

This is totally unacceptable, for a prime minister to behave in this manner undermines everything that a federal government constitutionally should stand for.

She would then ask him to resign and to leave parliament—something that I note he is yet to do. This government needs to ensure that what the member for Cook did can never happen again, as we embark on what the Australian people elected us to do, and that is to rebuild the trust of Australian people in government.

We now come to what the member for Cook had to say for himself. He said he was trying to improve efficiency of government. But this was nothing more than the member for Cook trying to accumulate more power for himself. In the mind of the member for Cook, he did nothing wrong in awarding himself these five secret ministries. He believes he was justified in his behaviour, and he's made that clear in his inconsistent comments and answers. We all sat here listening to the member for Cook's defence during the censure motion. He still doesn't get it. He tried to justify his actions under the guise of the unprecedented circumstances of the COVID-19 pandemic. Well, if this were to be believed, it might—might—explain being sworn into the first two of his secret ministries. It doesn't explain why no-one was told, but it might explain that. But then why did he appoint himself to three other ministries more than a year later? So, that reason doesn't stack up.

The inconsistencies continue. He said he had trust in his former ministers and that he trusted them to exercise the powers of their portfolio. But he only took on portfolios in which those same ministers had unilateral power to make decisions without cabinet. They're the ones the member for Cook appointed himself to. And they continue again. He said that the suggestions of co-administrations of departments is 100 per cent false. Why, then, does official documentation show that the member for Cook was appointed to administer the departments of home affairs and the Treasury? This is the same man—the member for Cook—who stood in front of a Perth audience last year and said that we shouldn't trust governments. I don't think we should have trusted his government, and this government is set to restore some of the trust that the member for Cook's government eroded.

Does the opposition take this matter seriously? During the censure motion, they voted against it, which is something I found incredibly surprising. But even more galling was the line of members of the opposition going to congratulate Mr Morrison for that half-hour defence of these indefensible actions. I found that extraordinary. With the exception of one or two members of the opposition, they stood by what the member for Cook did and then congratulated him after his speech.

I have some advice for those opposite: keeping those in this place accountable for their actions is not a witch-hunt; establishing trust in our great democratic system is not a witch-hunt. The people of Australia made their decision loudly and clearly in May as to who in government they trusted to restore integrity, and it wasn't the opposition—for good reason.

This legislation is just one part of the Albanese government's commitment to respond to Justice Bell's Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments. This legislation is just one part of our commitment to the Australian people to safeguard our democracy and to ensure that the people of Australia can stand proud in their trust in this place. We understand that democracy is precious, and we understand that when it is challenged, as it was by the member for Cook, it needs to be defended. We know that we must restore trust in and integrity to politics, and this bill, in the timely manner in which it has come to this place, shows our commitment to achieving just that.

This bill, if passed through this place, will ensure that never again will one person be able to hold such extraordinary ministerial power without accountability to the Australian people and to this parliament. I commend the bill.

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