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What we know about Scott Morrison secretly appointing himself to three ministries during the COVID-19 pandemic

Former prime minister Scott Morrison appointed himself to three additional portfolios during the COVID-19 pandemic. (ABC News: Matt Roberts)

Prime Minister Anthony Albanese has ordered an investigation into news his predecessor Scott Morrison was secretly sworn in as the joint minister for three portfolios during the height of the COVID-19 pandemic.

Speaking in Melbourne on Monday morning, Mr Albanese said the Department of Prime Minister and Cabinet was seeking legal advice from the solicitor-general.

Mr Morrison has told Sky News that he has not seen what Mr Albanese said, and "since leaving the job I haven't engaged in any day-to-day politics". 

Here's what you need to know.

What's the story?

Put simply, former prime minister Scott Morrison appointed himself as the joint minister for health, finance and resources, but not all ministers — nor the Australian public — were told he had done so.

The story originated from a report in The Australian newspaper over the weekend about Mr Morrison taking on responsibility of the health portfolio.

The ABC understands then-health minister Greg Hunt agreed to the joint position as a safeguard, should he become incapacitated from COVID-19.

But then-finance minister Matthias Cormann was not told Mr Morrison had also appointed himself to share that role.

Nationals MP Keith Pitt, who was the resources minister in the Morrison government, has told the ABC that he "certainly made inquiries" about the appointment, but ultimately accepted Mr Morrison's decision.

Mr Pitt has also told the ABC that Mr Morrison used his position as joint resources minister to block a controversial petroleum exploration licence.

Keith Pitt says he was concerned when he learnt of the self-appointment. (ABC News: Matt Roberts)

What has the reaction been?

Prime Minister Anthony Albanese has labelled the reports as "extraordinary" and "completely unacceptable".

"The people of Australia were kept in the dark as to what the ministerial arrangements were, it's completely unacceptable," he said.

"This is very contrary to our Westminster system. It was cynical and it was just weird that this has occurred."

Prime Minister Anthony Albanese says the allegations are "completely unacceptable". (ABC News: Toby Hunt)

Nationals leader David Littleproud, who was the Morrison government's agriculture minister, told ABC Radio that he was unaware of Mr Morrison's self-appointments.

"That's pretty ordinary, as far as I'm concerned," Mr Littleproud said.

"If you have a cabinet government, you trust your cabinet."

Mr Littleproud said he also believed then-Nationals leader and deputy prime minister Barnaby Joyce was also unaware of the decisions.

"These are decisions of Scott Morrison. I don't agree with them, and I'm prepared to say that openly and honestly," he said.

David Littleproud says he was unaware of Mr Morrison's self-appointments. (ABC News: Matt Roberts)

Keith Pitt said while he thought the move was "unusual", he wouldn't throw Mr Morrison "under a bus".

"It was clearly something I was concerned about, as you would expect," he said.

Former Labor leader Bill Shorten described it as a "bizarre decision" by the former prime minister.

"Honestly I've never heard of this, in World War II I'm not aware John Curtin swore himself in as defence minister … I don't know what was going through [Mr Morrison's] head," Mr Shorten said.

"If he felt the need to do it, why not tell people? Why be secretive?"

Former health minister Greg Hunt reportedly agreed to the shared position. (ABC News: Nick Haggarty)

Is this allowed?

According to the Governor-General, yes.

In a statement on Monday afternoon, David Hurley confirmed he had secretly signed instruments that allowed Mr Morrison to administer other portfolios.

He said his actions were "consistent with section 64 of the constitution", which states that the Governor-General may appoint members of parliament to ministries.

He also said it was not uncommon for ministers to be appointed to "administer other departments other than their portfolio responsibility", and Mr Morrison was not required to go through the formal swearing-in ceremony.

"The Governor-General signs an administrative instrument on the advice of the prime minister," he said.

"The decision whether to publicise appointments to administer additional portfolios is a matter for the government of the day."

Scott Morrison picked David Hurley as Governor-General in 2018. (ABC News: Matt Doran)

But speaking to the ABC, constitutional law expert Anne Twomey said the decision was inexplicable because there were already provisions in place for other ministers to take over portfolios if a minister became incapacitated.

"What on earth was going on, I don't know, but the secrecy involved in this is just bizarre," she said.

"You just wonder what's wrong with these people that they have to do everything in secret."

What happens next?

Mr Albanese has confirmed he has asked the secretary of the Department of Prime Minister and Cabinet to seek advice about the matter — including from the solicitor-general, Stephen Donaghue.

"We will be seeking advice from appropriate people including the solicitor-general about all of these issues," he said.

Mr Albanese said he would be getting a full briefing on Monday afternoon, which he said would inform his next decision.

"This is dripping out like a tap that needs a washer fixed and what we need is actually to get the full flow of all the information out there and then we'll make a decision about a way forward here," he said.

It's unclear what it means for Scott Morrison in the interim, but he told Sky News he had not seen what Mr Albanese said, and "since leaving the job I haven't engaged in any day-to-day politics".

The ABC has contacted Mr Morrison for comment.

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