David Hurley

"The Governor-General, by convention, acts on the advice of the Government of the day in exercising all of his official duties and responsibilities."

First public response to the secret ministries revelations. Hurley positioned himself as having no discretion — simply acting on ministerial advice. This framing was contested by constitutional scholars who argued the GG does have reserve powers and a duty to advise.

Official statement via Government House spokesperson

"The Governor-General's actions were consistent with his constitutional role. He acts in a non-discretionary capacity on the advice of ministers."

Follow-up statement doubling down on the 'non-discretionary' defence. Critics noted that the GG has reserve powers (as demonstrated in the 1975 dismissal of Whitlam) and a duty to counsel, encourage, and warn — the Bagehot rights.

Government House — official statement

"The Governor-General notes the findings of the Bell Inquiry and affirms his commitment to the constitutional framework."

Formal response to the Bell Inquiry report. Did not acknowledge any error or accept that he should have counselled Morrison against secrecy. No apology to the ministers who were unknowingly superseded.

Government House — response to Bell Inquiry

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Invoked 'non-discretionary' defence for secret ministries

When the secret ministries became public in August 2022, Hurley's office issued statements claiming he acted in a 'non-discretionary' capacity on ministerial advice. Constitutional scholars including Professor Anne Twomey argued this characterisation was incomplete — the GG has reserve powers (demonstrated in 1975) and advisory duties under the Bagehot convention (to counsel, encourage, and warn). Hurley did not acknowledge any duty to advise Morrison against the secrecy.

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Governor general David Hurley apologises for video praising builder who renovated his home - The Guardian

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Queen appoints Australia's next governor general, with calls for it to be her last - The Guardian

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Signed secret ministry instruments for Morrison

Between March 2020 and May 2021, Hurley signed the instruments appointing Morrison to five additional ministerial portfolios: Health (14 Mar 2020), Finance (30 Mar 2020), Industry/Science/Energy/Resources (15 Apr 2021), Home Affairs (6 May 2021), and Treasury (6 May 2021). The appointments were not publicly announced, the relevant ministers were not informed, and parliament was not notified. The Bell Inquiry found the arrangements were 'fundamentally inconsistent with responsible government.'

Failed to ensure public disclosure of ministerial appointments

Ministerial appointments are ordinarily announced publicly and gazetted in a manner that is transparent. Hurley signed five secret instruments without ensuring — or apparently requesting — that they be made public. The convention of responsible government requires that the public and parliament know who holds ministerial power. By signing without insisting on disclosure, Hurley facilitated an unprecedented concentration of secret executive power. The Bell Inquiry noted that while the GG acted on advice, the systemic non-disclosure was a departure from established practice.

Appointed by Morrison — independence question

Morrison announced Hurley's appointment as Governor-General in December 2018 (taking office July 2019). Hurley then signed the instruments for Morrison's secret portfolios starting March 2020. While all GG appointments come from the PM of the day, the sequence — appointment by Morrison, then facilitation of Morrison's unprecedented secret power accumulation — raises questions about whether the vice-regal office maintained appropriate independence.

Controversy (from Wikipedia)

General David John Hurley (born 26 August 1953) is an Australian former politician and military officer. A senior officer in the Australian Army, he served as the 27th governor-general of Australia from 2019 to 2024. He was previously the 38th governor of New South Wales from 2014 to 2019. In a 42-year military career, Hurley deployed on Operation Solace in Somalia in 1993, commanded the 1st Brigade (1999–2000), was the inaugural Chief of Capability Development Group (2003–2007) and Chief of Joint Operations (2007–2008) and served as Vice Chief of the Defence Force (2008–2011). His career culminated with his appointment as Chief of the Defence Force on 4 July 2011, in succession to Air Chief Marshal Angus Houston. Hurley retired from the army in June 2014 and succeeded Marie Bashir as governor of New South Wales in October 2014 on the nomination of Premier Mike Baird. His term concluded in May 2019 and he was subsequently appointed by Queen Elizabeth II as governor-general on the nomination of Prime Minister Scott Morrison. His five-year term commenced in July 2019 and expired in July 2024, with Sam Mostyn succeeding him. Early life and education David John Hurley was born on 26 August 1953 in Wollongong, New South Wales, to Norma and James Hurley. His father was an Illawarra steelworker and his mother worked in a grocery store. Hurley grew up in Port Kembla and attended Port Kembla High School, where he completed his Higher School Certificate in 1971. He subsequently gradu [Mon, 01 Jul 2019 07:00:00 GMT] 'Australia is not a finished product': General David Hurley sworn in as 27th Governor-General - SMH.com.au 'Australia is not a finished product': General David Hurley sworn in as 27th Governor-General    SMH.com.au [Sat, 15 Dec 2018 08:00:00 GMT] NSW Governor David Hurley will be Australia’s new Governor-General - The Conversation NSW Governor David Hurley will be Australia’s new Governor-General    The Conversation [Mon, 01 Jul 2019 07:00:00 GMT] David Hurley sworn in as Australia's governor-general - SBS Australia David Hurley sworn in as Australia's governor-general    SBS Australia