Palmer Launches Senate Inquiry into Queensland Government
Friday 3 October 2014 @ 12.08 p.m. | Legal Research
In an unprecedented move, Federal MP Clive Palmer has launched a senate inquiry into the Queensland Newman government. Palmer would be the first to instigate such an inquiry on a State government, thanks to backing from Labor and the Greens.
Background
The Queensland mining magnate has been engaged in a vicious war of words with his old nemesis, Queensland Premier Campbell Newman, since a falling out nearly two years ago over a mine in the Galilee Basin. This would be the Palmer United Party’s second attempt at establishing an inquiry into the State government and it was successful this time, thanks to Labor’s support, after the opposition struck a deal that the previous ALP government of Anna Bligh would not be part of the investigation. The Greens joined in after Palmer United agreed to amend the motion to include whether environmental approvals should be a Federal or State responsibility.
The five-member Senate committee will spend six months looking at how the Newman government spent Commonwealth funds, the judicial system, and the development and environmental approvals process, and only have one Liberal member. The inquiry’s timing seems designed to cause maximum embarrassment to the first-term government in the lead up to next year’s State election.
Can Governments really investigate each other?
As an unwritten rule, governments have always avoided inquiries into the actions of other governments. Such activities would create a culture in which other succeeding governments could criticise the actions of its predecessor. What is even more unheard of is when one level of government investigates the activities of another. Such actions would raise concerns about federalism and jurisdictional obligations.
The Commonwealth government generally does not have the power to inquire into State matters. The inquiry is, therefore, carefully worded to ensure that the inquiry will only pertain to ‘certain aspects of Queensland government administration related to Commonwealth government affairs.’ The matter is further complicated by the lack of Federal executive authority in this matter as the inquiry will primarily consists of parliamentary members.
The extent of a Senate committee's powers to enquire into matters that fall outside the legislative power of the Commonwealth remains uncertain. The more difficult question, however, is whether or not the committee has the power to compel state politicians and state public servants to give evidence to it or to require them to produce government documents. If the committee would seek to compel evidence from the state government, it is foreseeable that such actions could be challenged before the High Court.
Senator Hefferman’s Comments
NSW Liberal Senator Bill Hefferman says the Senate inquiry sets a dangerous precedent for good governance. In a radio interview this week, Senator Heffernan said the inquiry was “quite a unique thing that sets a dangerous precedent”, for commonwealth governments to look into how State governments spend their own revenue or commonwealth funds:
“This is something that’s well beyond the bounds of reasonable legislation… And I might also add, when the motion was put to the chamber they then applied to gag, so we couldn’t actually debate the motion…It just had to be voted on so the whole thing is a stitch up….As I was told by one of the PUP party, ‘it has nothing to do with us mate it’s all to do with Clive he’s running the show’…We are pretty appalled given last week the Greens took a different view (but) this week - don’t ask me what’s been negotiated - they’ve changed their mind.
And I have to say it’s a poor day for the Australian people and for the good governance of the Australian people in that a commonwealth inquiry will actually challenge the way a state government goes about its business."
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