Anne Stanley (Werriwa, Australian Labor Party) Share this | Hansard source

The Australian Constitution took effect on 1 January 1901 and established this parliament, the federal government, the executive government and the judiciary. Our form of government requires that the executive government, the Prime Minister and ministers, come from within the parliament and are responsible to this parliament. This is known as the Westminster style of government and follows the UK's model of convention.

On 14 March 2020, the former Prime Minister, Scott Morrison, chose to have himself secretly appointed to administer the Department of Health and, by the end of May 2021, he had been appointed by the Governor-General to administer four additional portfolios. The member for Cook added Finance; Industry, Science, Energy and Resources; Treasury; and Home Affairs to his resume, while the majority of the ministers responsible remained unaware. It was an unprecedented act. Even in the face of the darkest days of world wars, no other prime minister thought it was necessary to consolidate power in a single individual, especially himself.

When I first saw the reports in the media about the former Prime Minister's actions, I was disappointed and I was concerned about how the public would view these actions. These actions taken by the former Prime Minister undermine the public's trust in all of us, in all levels of government. Openness, accountability and trust are vital to our society and our democracy. The decision of the former Prime Minister has already been challenged in court, leading to issues with decision-making in the well-publicised PEP-11 case.

The Ministers of State Amendment Bill that we're debating in the House today forms part of the Albanese government's response to the Bell inquiry and the actions of the former Prime Minister, the member for Cook. When it became known that the former Prime Minister had been sworn into multiple other ministries without telling the Australian public, the current government sought advice from the Solicitor-General, Dr Stephen Donaghue KC. His advice was clear: the 'principles of responsible government' are 'fundamentally undermined' by the actions of the former government. After this advice, the Prime Minister and the Attorney-General appointed former High Court Judge the Hon. Virginia Bell AC to conduct an inquiry, which led to the amendments to the Ministers of State Act that we are debating today. The inquiry led by Ms Bell was at arm's length from the government to ensure that it was nonpartisan, independent and fair.

This bill amends the Ministers of State Act 1952 to provide further transparency and accountability at a Commonwealth level. It ensures that the Australian people are provided with information about the composition of the federal Executive Council, who has been appointed and what responsibilities they have. This bill forms one of the government's responses to Ms Bell's recommendations. Specifically, the bill will require the Official Secretary to the Governor-General to publish a notifiable instrument—registered on the Federal Register of Legislation as soon as practicable—that the Governor-General has chosen, summoned and sworn in an executive councillor to the federal Executive Council, appointed an officer to administer a department of state or directed a minister of state to hold an office. This bill will also require notification of the revocation of any of these positions.

The Australian public expect and deserve to know where responsibility is placed. This is the basis of our system. There must always be a clear line of accountability that leads to a responsible minister. That simple, fundamental premise, which was an established norm, is what was undermined by the previous government and the previous Prime Minister. Unfortunately, there's been a clear gap in how our systems operate, but the previous Prime Minister, when he found out about it, didn't consider action was necessary to close it. When it was realised that there was a flaw in our system, it was not fixed immediately; rather, it was exploited. There is no justification for undermining our political system, and it's a shame to me that this bill is even necessary.

The former Prime Minister's explanation and justification was based on the COVID crisis. While that's not enough of a justification to erode trust in democracy and undermine the established norms that have formed the foundation of this parliament since Federation, I can understand how, very early in the pandemic, when the government was trying to plan for each and every eventuality, it may have made sense. What does not bear scrutiny is that the former Prime Minister kept swearing himself into portfolios until early 2021, long after the first wave of lockdowns and long before the delta outbreak. In fact, the only exercise of the former Prime Minister's new-found power was political in nature: overruling the other ministers for industry, science, energy and resources on the PEP-11 decision. And now we have the courts telling us how many problems that has caused. The former Prime Minister had all the powers that came with administering these departments, and none of the accountability. Criticism of these actions is not just political, and it should not be. Three previous Liberal prime ministers have also condemned these actions.

This bill will restore the checks and balances that our system relies on. It will ensure that one person cannot acquire power without any accountability or responsibility. The Australian people should not find out about the undermining of our political system in a book published two years later. The Albanese government is focused on restoring trust and integrity to politics. This bill, like the National Anti-Corruption Commission legislation, seeks to help the Australian people regain lost trust in all of its governments—the trust that has been significantly eroded in recent years.

Democracy across the world faces challenges with the rise of authoritarianism. So it is vital—now, more than ever—that we safeguard our political system. The people who elect us to this parliament must feel that they can trust the fundamentals of our democracy and the checks and balances that provide integrity and stable government. That trust is a unique requirement for democracy to function. The power exercised by the parliament derives from the trust that the people of Australia place in us, their elected representatives. We are accountable to them.

The Albanese government knows this, and that's why we have moved quickly, closing this loophole as well as providing greater transparency and integrity to the entire political system through the National Anti-Corruption Commission. This is our responsibility to the Australian people, and I commend the bill to the House.

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