A review has found former PM Scott Morrison “fundamentally undermined” the principles of responsible government by secretly appointing himself ministries. 

The nation’s second law officer was asked to review the legality of the former prime minister’s self-awarding of five additional portfolios already held by other ministers, the majority of which were unaware of the move.

The Albanese government put the following question to the solicitor-general: “Was Mr Morrison validly appointed to administer the Department of Industry, Science, Energy and Resources on 15 April 2021?”

Solicitor-general Stephen Donaghue has found that the appointment was valid under section 64 of the constitution.

“The governor-general, acting on the advice of the prime minister, has power under s 64 of the constitution to appoint an existing minister of state, including the prime minister, to administer an additional department of state,” he said.

“The governor-general has no discretion to refuse to accept the prime minister's advice in relation to such an appointment.”

But Dr Donaghue said it is not possible for both parliament and the public to hold ministers to account when the identities of those responsible were not public.

“That conclusion does not depend on the extent to which Mr Morrison exercised powers under legislation administered because from the moment of his appointment he was responsible for the administration of the department,” he said.

A censure motion against Mr Morrison is expected to be considered when parliament sits.