Key takeaways from the solicitor-general's advice to Anthony Albanese over Scott Morrison secret ministries scandal

Prime Minister Anthony Albanese has announced a fresh independent inquiry into Scott Morrison's secret ministerial power grab. The Department of Prime Minister and Cabinet will also work with the Office of the Governor-General to ensure future ministerial appointments are made public.

It comes as Mr Albanese released, as a one-off advice, 29-pages of opinion from Solicitor-General Stephen Donaghue.

Mr Albanese explained the opinion was based upon information which is out in the public.

What did we learn from the report and the prime minister's press conference?

The solicitor-general just looked into Mr Morrison's resources portfolio takeover.

The revealing of Stephen Donaghue's opinion shows he just looked into the "matter of the validity of the appointment of Mr Morrison to administer the Department of Industry, Science, Energy and Resources".

It was under this self-appointment, Mr Morrison made his only known case of exercising the minister's authority - the decision to overrule Resources minister Keith Pitt and kibosh the contentious PEP-11 offshore gas exploration licence.

The Solicitor-General did not look at what happened around Mr Morrison taking on Health, Finance, Treasury and Home Affairs.

The act of appointing himself as to other portfolios was "valid", but there are big problems with the rest of Scott Morrison's actions.

Mr Donaghue cleared Mr Morrison of the act of appointing himself on April 15, 2021 to administer the Department of Industry, Science, Energy and Resources, finding it was a valid appointment to the portfolio by Governor-General David Hurley on April 15, 2021.

And the advice appears to clear the Governor-General. It found he had the power to make the appointment under section 64 of the constitution and had "no discretion" to refuse to accept the prime minister's advice.

But Mr Donaghue was scathing about the secrecy of Mr Morrison's appointments.

Not informing the public and the Parliament had "fundamentally undermined" the principles of responsible government.

It had, he advised, fundamentally undermined the "relationship between the ministry and the public service."

The prime minister said further questions have now be been raised. And he has a list.

"Why this occurred? How it occurred, who knew about it occurring? What the implications are for our parliamentary system? Are there any legal implications behind decisions that were made? How can we avoid this happening again?" Mr Albanese posed.

The opinion was from the second law officer of the land based on publicly available information.

"Of course, he hasn't been able to ask questions about why this occurred or how it occurred. He's simply examined, what the circumstances are of what's before him," the PM explained.

There is a non-political inquiry coming

Cabinet has agreed to an inquiry to look into Mr Morrison's secret actions, but the nature and scope of the inquiry has not been determined.

"There are a range of different options available to the government, but it is agreed that it needs to be not a political inquiry, but an inquiry with an eminent person with a legal background to consider all of the implications," Mr Albanese offered.

The inquiry's powers aren't known yet, but it probably won't look at the governor-general

Mr Albanese says whether the inquiry will have the power to compel witnesses to appear, or hold meetings in public, is yet to be worked through.

He said the government will "proper, considered thought" its structure, but said "you won't have to wait that long" for a decision to be announced.

"My consideration has been to get to the bottom of what is happening. The inquiry needs to do that, it needs to have the power to do that," he said.

But it seems unlikely the inquiry will be looking into the role of Governor-General Hurley in the saga, with Mr Albanese insisting the head of state fulfilled his roles.

"The governor-general's role has been examined here, and the governor-general has made a very clear statement," he said.

READ MORE ON SECRET MINISTERS SCANDAL

What Morrison government decisions are in a cloud?

The Prime Minister said one of the basic tenets of parliamentary democracy is accountability, and stated that ministers have specific powers conferred on them to make decisions.

What decisions are of note? The known case: the PEP-11 gas exploration permit after seizing the resources portfolio.

mRNA manufacture - the former Prime Minister was the health minister and the Industry Minister at a time when Australia was considering mRNA vaccine manufacture.

The case of former Australian Post CEO Christine Holgate who was dismissed from the role and now is 'disappointed' to learn that Morrison was secretly finance minister while her case was investigated. Mr Albanese said her questions and concerns are "legitimate".

Mr Albanese even raised the Home Affairs and Immigration decision to deport tennis superstar Novak Djokovic ahead of the Australian Open. "There's another dual issue," he said.