Queensland senate inquiry: Lawyer warns of legal challenge if Campbell Newman and other politicians forced to give evidence

There could be a legal challenge to the wide-ranging Senate committee established into the Queensland Government if senators try to compel Premier Campbell Newman or any other politicians to give evidence, a leading constitutional law expert says.

The Palmer United Party, the Federal Opposition and the Greens combined to set up the six-month select committee into Queensland Government administration.

The inquiry has broad terms of reference to look into into the use of Commonwealth funds, the administration of the courts and judicial system, and development and environmental approvals, including for coal seam gas projects.

A professor of constitutional law at the University of Sydney, Anne Twomey told ABC's AM program that the inquiry raises two areas of legal doubt.

"The first is a subject matter area, and they've been careful in making sure that there's a link to Commonwealth legislative power," Professor Twomey said.

"But the second area of doubt is about whether they can compel evidence from state politicians, from state public servants and can compel the production of documents."

Professor Twomey said the only previous inquiry of its kind, a 1996 select committee into the Victorian Casino was effectively abandoned when senators decided they could not make findings without compelling witnesses to appear, and the Queensland Government inquiry may face the same problem.

"It may be that there's enough evidence material around for them to inquire into this and to come to conclusions, but if they want to discover evidence that they can't otherwise get by attempting to compel evidence then that would certainly lead to a court challenge," Professor Twomey said.

She said that could have unintended consequences for the whole senate committee system.

"From a Senate point of view, they may not want to test that in a court because not only may they find out that they've got no powers to do those sorts of things, they may discover that they have even fewer powers in other areas as well," she said.

"It's a little Pandora's box that as a general principle the Senate tries not to open."

Committee established by Palmer United Party

The Palmer United Party's Senate leader, Glenn Lazarus, used senate procedure to bring on debate to set up the inquiry, after losing a similar bid last week.

"This inquiry must happen, it must go on," Senator Lazarus told the Senate.

Mr Newman is currently on leave, but a spokeswoman said the inquiry was a political stunt by Labor, Clive Palmer and the Greens, and the Queensland Government will not be distracted by it.

His federal counterparts said the inquiry would abuse an established principle that federal and state parliaments stay out of each other's business.

The Government maintains it is simply a personal witch hunt by Mr Palmer, but it now believes the terms of reference will allow it to inquire into the conduct of previous Labor governments, as well as Mr Newman's administration.

Mr Palmer has been engaged in a bitter and long-running personal feud with Mr Newman and has now been given a significant weapon to use against him.

"You should have spent a bit of time looking at this, you guys," LNP Senator Barry O'Sullivan told Greens and Labor senators.

"All the good bits, [it] will also relate to looking at the Labor government, it is not time-barred."

The Queensland Resources Council said the inquiry reeks of political opportunism. Chief executive Michael Roche says it is a "dirty deal" that will impact on the resources industry.

"This motion reeks of base political opportunism and really reflects poorly on all the parties that have supported the motion," Mr Roche said.

"What's very odd is Labor's decision to support an inquiry which will include looking at the Commonwealth's oversight of the approval of gas projects in Queensland."

Greens say inquiry will look at Palmer's environmental record

The Greens defended their decision to back the motion for the inquiry, in exchange for a promise from PUP senators to block the Federal Government's plans to delegate to the states its environmental approval powers for major projects.

"This is a senate inquiry, it won't be the plaything of any one party," Queensland Greens Senator Larissa Waters told AM.

She said the Greens will be pursuing Mr Palmer's environmental record.

"I was particularly cautious and focused to ensure we could expand the terms of reference so the Greens could make sure that this inquiry does examine the regulation of Mr Palmer's businesses, including his mega coal mines and his Yabulu nickel refinery on the shores of the Great Barrier Reef," she said.

The announcement is a loss for the Federal Government which had successfully seen off a previous attempt to establish the inquiry, arguing it was without legal precedent and overrides parliamentary convention.

Before the Senate voted to set up the inquiry, Mr Palmer was asked by reporters whether the inquiry represented a conflict of interest given his Queensland mining ventures.

Mr Palmer said it did not.

"There's a whole lot of terms of reference," he said.

"No-one may come forward in any of these issues, and some people may. We'll just see what happens."

Inquiry a 'bitch session': Abetz

The Government's Senate leader Eric Abetz was initially scathing of the inquiry and its terms of reference.

"It's basically a bitch session about Queensland," he told the Senate.

"It's a moan about detention, it's about administration of prisons, it's about environmental matters, it's about Commonwealth funds, you name it we will get a grab bag of things, any potential complaint about the Queensland Government is grabbed and put into this motion.

"What's the concluding time for this senate inquiry? Oh, it just happens to coincide with the Queensland election.

"This inquiry makes a travesty of the senate committee process. It will backfire badly and come to haunt Labor, the Greens and Palmer United in Queensland."

Attorney-General George Brandis was equally outraged with the outcome: "This motion is out of order, it is unlawful and it is a disgrace."

But the Opposition's deputy Senate leader, Stephen Conroy said the Coalition set the precedent about inquiries into political opponents.

"I mean this is a Government that has trampled on every single convention that you can imagine," Senator Conroy told the Senate.

"It has called royal commissions to pursue its own, nasty, political vendettas."

The Queensland Opposition said it was looking at the details of what the inquiry would involve.