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A magistrate has knocked back Australian tennis star Nick Kyrgios' bid for a three-month adjournment in his assault case.

The case went to the ACT Magistrates Court on Tuesday morning.

The 27-year-old was not in court for the mention as he remains in America before the US Open, but was represented by Canberra solicitor Michael Kukulies-Smith who asked the matter be listed for November 25 where he would make an application.

The common assault charge relates to an incident in January 2021 that was reported to ACT police in December.

The charge reportedly relates to an incident with his ex-girlfriend Chiara Passar.

Mr Kukulies-Smith would not foreshadow the nature of the application, but said it would be capable of finalising the matter.

He said the November date was appropriate for Kyrgios as he spends "very little time in the ACT".

But magistrate Louise Taylor was unimpressed, saying she was "not quite certain what the case for secrecy is" regarding Mr Kukulies-Smith's foreshadowed application.

She also did not agree with granting Kyrgios his preferred date for the matter due to his tennis schedule, which sees him frequently outside Australia.

"Lots of defendants have matters they might like the court to accommodate," Ms Taylor said.

The prosecution told the court they did not support the secret nature of Mr Kukulies-Smith's application.

Kyrgios was granted a six-week adjournment until October 4, when his lawyer will make representations supporting his application.

The case comes off the back of the world No.26 losing to Taylor Fritz at the Cincinnati Open, failing to make the final 16.

The US Open begins on August 29 and Kyrgios is expected to be a factor after his brilliant showing at Wimbledon, where he reached the final before falling to Novak Djokovic.

It remains unclear if he will appear in person at the October 4 hearing, but it would clash with ATP tournaments in Tokyo and Astana that begin the day before.

The request for the matter to be listed on November 25 would have seen it occur after the conclusion of the tennis season, which wraps up with the ATP finals in Turin the week of November 14.

Asked for his reaction after the allegations were made public in July during his Wimbledon run, Kyrgios relied on his lawyers' advice to not offer comment other than to say it had affected his performance.

"I'm only human," he told reporters.

"Obviously I read about it and obviously everyone else was asking questions. It was hard, it was hard to kind of just focus on the mission at hand.

"I have a lot of thoughts, a lot of things I want to say, kind of my side about it ... obviously I've been advised by my lawyers that I'm unable to say anything at this time."

© AAP 2022

Former prime minister Scott Morrison's decision to appoint himself resources minister was "inconsistent" with constitutional conventions, according to legal advice provided to the government.

Prime Minister Anthony Albanese on Tuesday released advice from the solicitor-general on the legal implications of Mr Morrison's decision to secretly swear himself into five ministries.

While the advice said Mr Morrison was validly appointed to the role of resources minister in April 2021, the legal advice said the secrecy surrounding the appointment was unusual.

"The parliament, the public and the other ministers who thereafter administered (the ministry) concurrently with Mr Morrison were not informed of Mr Morrison's appointment was inconsistent with the conventions and practices that form an essential part of the system of responsible government," the advice said.

"It is impossible for parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the ministers who have been appointed to administer those departments is not publicised."

The solicitor-general's advice said the governor-general had no discretion to refuse the then-coalition prime minister's advice to appoint him as minister.

The advice also recommended changes, including altering the form of published ministry lists to include all appointments and responsibilities.

"The government could require, as an administrative practice, the website of each department to list all of the ministers who have been appointed to administer that department," the advice said.

"Further or alternatively, a practice could be adopted of publishing in the gazette all appointments made under section 64 of the constitution."

Earlier on Tuesday, Deputy Prime Minister Richard Marles said regardless of the findings Mr Morrison should face repercussions.

"There needs to be some political consequence for a person who has flouted the Westminster cabinet system so completely," he told ABC News.

"It needs to be a severe consequence, because what we saw was a total undermining."

Calls are growing for an inquiry into the former prime minister's actions, which saw him take on health, finance, treasury and home affairs - as well as the industry, science, energy and resources portfolio - between March 2020 and May 2021.

Mr Morrison intervened as co-resources minister, by blocking the PEP-11 gas exploration licence off the NSW coast after then-resources minister Keith Pitt approved the project.

The final decision is now the subject of a Federal Court appeal.

Mr Morrison has maintained that was the only time he used his powers to interfere in the portfolios.

Mr Marles said it was important for lessons to be learned from the situation so it could never be repeated.

"What has happened here is obviously a disgrace, and it's appalling in terms of the way in which the Australian people have been treated with contempt," he said.

"What we need to be looking at when we look at this advice (is) to make sure that there are principles in place which ensure transparency in the way government runs, transparency for the Australian people."

There have also been calls for the role of the public service and the governor-general to be examined, but Mr Marles said Mr Morrison's conduct should be the starting point.

"We (want to) ... make sure not only our government but governments in the future operate in a way which is transparent."

A spokesman for the office of the Official Secretary to the Governor-General backed changing the system to a "more transparent process" to ensure appointments were made public.

© AAP 2022

Scott Morrison should face "severe consequences" for secretly swearing himself into five ministries, according to the deputy prime minister, as legal advice is set to be made public.

Prime Minister Anthony Albanese will release advice from the solicitor-general on Tuesday on the legal implications of Mr Morrison's secret ministries, after being briefed on the matter on Monday.

Deputy Prime Minister Richard Marles said he had not seen the legal advice, but would be briefed on it during a cabinet meeting.

However, he said regardless of the findings of the advice, Mr Morrison should face repercussions.

"Whatever is the legal advice, there needs to be some political consequence for a person who has flouted the Westminster cabinet system so completely," he told ABC News on Tuesday.

"It needs to be a severe consequence, because what we saw was a total undermining."

Calls are growing for an inquiry into the former prime minister's actions, which saw him take on health, finance, treasury and home affairs - as well as the industry, science, energy and resources portfolio - between March 2020 and May 2021.

Mr Morrison intervened as co-resources minister, by blocking the PEP-11 gas exploration licence off the NSW coast after then resources minister Keith Pitt approved the project.

The final decision is now the subject of a Federal Court appeal.

Mr Morrison has maintained that was the only time he used his powers to interfere in the portfolios.

Mr Marles said it was important for lessons to be learned from the situation so it could never be repeated.

"What has happened here is obviously a disgrace, and it's appalling in terms of the way in which the Australian people have been treated with contempt," he said.

"What we need to be looking at when we look at this advice (is) to make sure that there are principles in place which ensure transparency in the way government runs, transparency for the Australian people."

There have also been calls for the role of the public service and the Governor-General to be examined, but Mr Marles said Mr Morrison's conduct should be the starting point.

"We need to understand what Morrison did here as the former PM.. and look at those other questions subsequently to that," he told ABC Radio.

"We also want to understand the legality of this so that we can make sure not only our government but governments in the future operate in a way which is transparent."

A spokesman for the office of the Official Secretary to the Governor-General backed changing the system to a "more transparent process" to ensure appointments were made public.

Mr Marles said any loopholes in the legal system which allowed for Mr Morrison to appoint himself as minister would need to be closed.

The deputy prime minister said calls for Mr Morrison to resign from parliament due to his conduct were a matter for the Liberal Party.

Liberal former home affairs minister Karen Andrews has called for Mr Morrison to quit politics in the wake of the scandal.

The Greens have already asked House of Representatives Speaker Milton Dick to refer Mr Morrison to the powerful privileges committee over the scandal.

© AAP 2022