Donaghue’s advice focused on the one department where Morrison exercised powers as the resources minister to block a controversial gas exploration project. He found the appointment was “valid” as the governor-general,acting on the advice of the prime minister,has power under section 64 of the constitution to appoint an existing minister to administer an additional department.
“The governor-general has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment,” Donaghue said.