Close to a year after a report found Scott Morrison “fundamentally undermined” the principles of responsible government, reforms to close the loophole are sitting dormant in the Senate.
It was a key recommendation of a landmark report by former High Court justice Virginia Bell and described as “vital” by Attorney-General Mark Dreyfus when he first introduced the bill to the House last December.
Six months later, Prime Minister Anthony Albanese underscored the importance of the reforms.
“With this legislation we work to be worthy of all that by ensuring there will never, ever be a repeat or a sequel of this corrosive, undemocratic action,” he said in June.
“That is why we need this legislation — to provide that assurance to the Australian people that it will indeed never happen again.”
But five months later the legislation has been untouched by the Senate for reasons unknown. It’s understood the government has the numbers to pass the legislation when it decides to pull the trigger.
The Attorney-General’s office has been contacted for comment.
Greens Senator and Justice Spokesperson David Shoebridge said it was “extraordinary” the loophole remained open.
“This bill was the first and most important recommendation of the Bell Inquiry into the secret appointments, the report of which was delivered … in November 2022,” he told NCA NewsWire.
“We have previously asked directly in Estimates if any secret Ministers have been appointed, given the loophole still exists. We were promised this had not happened.
“The Bell inquiry told us the secrecy of these appointments was corrosive of trust in government and Anthony Albanese called it an ‘unprecedented trashing of democracy’ so why hasn’t he ensured it can’t happen again?”
“We would vote it through in a heartbeat but we have a growing concern that Labor is losing its will to do the same.”
In August last year, it emerged that Mr Morrison had been secretly sworn in to administer the departments of treasury, home affairs, health, finance and industry, science, energy and resources during the pandemic.
The Bell inquiry revealed he also canvassed appointing himself to the agriculture, water and the environment portfolio.
He later became the first former prime minister to be censured on the floor of the House for eroding public trust in Australia’s democracy.
Mr Morrison conceded in a recent Sky News documentary the move was unnecessary and he regretted the impact it had on former Treasurer Josh Frydenberg and Home Affairs Minister Karen Andrews.