It is not so much the validity of his administrative appointments for BPH, it is more whether he could be the Responsible Minister for purposes of the NOPTA decision. Given this report has officially told us that Morrison really did not involve himself in administration of any of the departments and with regard to PEP 11, only inserted himself so he could get the decision he wanted and telegraphed before his appointment. The responsible Minister for NOPTA, is the Minister responsible for administering the ACT. I still think this has some legs and will be interesting at least. I still feel there is scope for a win on bias and Morrison not being the responsible minister (given KP was administering the ACT).
From the report:
"The 2021 appointments were not taken with a view to Mr. Morrison having any active part in the administration of the department but rather to give Mr Morrison the capacity to exercise particular statutory power should the minister charged with responsibility for the exercise of that power
propose to do so in a manner with which Mr. Morrison disagreed or fail to make a decision that Mr. Morrison wanted to be made."
Cheers
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