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The Speaker of the House of Representatives has refused to refer former prime minister Scott Morrison to the house privileges committee.
- Scott Morrison will not be referred to the privileges committee by the house Speaker
- The House of Representatives could still vote to have the former PM referred
- Mr Morrison has called criticisms of his secret ministries a "slur" against him
Greens leader Adam Bandt moved for the Speaker to refer Mr Morrison for inquiry by the committee for misleading parliament over his secret self-appointment to jointly administer several portfolios.
But Speaker Milton Dick said there was no precedent for him to make the referral.
"On the information available to me it does not seem that a prima facie case has been made out in terms of the detail that speakers have always required," Mr Dick said.
"It then follows that I did not refer the matter ... nevertheless I understand the concern of the member and other members."
Mr Dick said the house could still vote to have the matter referred.
Mr Morrison is facing an inquiry by former High Court justice Virginia Bell over several power grabs throughout the pandemic that were kept secret from much of his own cabinet.
The privileges committee is a bipartisan authority appointed to inquire and report on complaints of contempt or breach of privilege, including misleading parliament.
Sky News has reported in an interview with Mr Morrison set to air this evening that criticisms of his self-appointments were a "slur" against him, and that he acted only as a safeguard against incapacitation from COVID-19.
"I think someone’s just got to break the circuit here," Mr Morrison told Sky.
"I could respond to this claim, this accusation, this slur, I don’t wish to do that, I’m not bitter, I’m thankful, I’m grateful."
Mr Morrison has admitted the only time he used the powers he gave himself was unrelated to COVID-19, when he overruled one of his ministers to block a petroleum exploration licence.
Mr Dick said to establish that contempt has been committed, it would need to be shown that a definite action or omission in fact had been misleading, that Mr Morrison knew at the time it was incorrect, and that the misleading had been deliberate.