Albanese said an investigation was needed after Solicitor General Stephen Donahue reported that secret appointments “fundamentally undermined” principles of good governance, despite the conclusion that no laws had been broken.
“We need transparency in this process, because our system of parliamentary democracy is based on conventions, based on the Westminster system of checks and balances,” Albanese said.
The opposition sought to present the investigation as a political hunt for Morrison, with Liberal deputy leader Susan Ley saying it demonstrated that Albanese had the wrong priorities and that he should focus on cost-of-living issues.
“He is obsessed and consumed by the politics of the past, where Australians need him to focus on the issues of today, their future, their business, their rising energy prices,” Lay said.
Albanese said Bell would talk to people who were connected to or knew about the secret ministries, and civil service employees would be asked to cooperate, adding, “I don’t think it would require coercion.”
Under the terms of reference, Bell will consider the implications of Morrison’s clandestine appointments for “the functioning of departments, state-owned businesses and statutory bodies” and for “public confidence in government.”
The governor-general is not explicitly mentioned in the terms of the investigation, but Bell will have the opportunity to examine the role of David Hurley by reviewing the “practices and processes” for ministerial appointments under sections 64 and 65 of the Constitution, “including the disclosure of these appointments and directions.”
But Attorney General Mark Dreyfus, whose department will conduct the investigation, said Bell must determine how the investigation proceeds.
“It is very appropriate that we provide Ms. Bell with exactly how she conducts this investigation. One possibility is that she … will invite the public to send her materials, and with her permission, these materials can be released to the public, ”said Dreyfus.
Green justice spokesman David Shoebridge said Bell was the right person to lead the investigation, but was given insufficient authority, and criticized the failure to explicitly include the Governor General and his office in the purview.
“The ability of the governor general and the prime minister to covertly wield political power poses a serious threat to democracy, and it is extraordinary that this is not part of the terms of reference,” Shoebridge said.
Albanese said the November 25 reporting date was chosen because it preceded the week of sittings — the last week of sittings of the year — allowing Parliament to consider any legislative changes Bell recommends that week.