Qld govt could refuse Senate probe
Queensland's government does not legally have to cooperate with the Clive Palmer's Senate inquiry.
Senate committees, like the one set up by the Palmer United Party with the support of Labor and the Greens, cannot compel state politicians to appear.
Under Senate standing order 178 committees can request that state MPs appear, but only state parliaments can compel them to.
The rule was tested 1992 when a Senate committee was probing whether Victoria had exceeded its borrowing limits with the knowledge of the federal treasurer.
The committee sought advice from the Clerk of the Senate about whether it could compel Victorian politicians to appear and give evidence.
The Clerk Harry Evans said it was long standing courtesy that the Senate did not.
Mr Evans said that even if the Senate tried, a legal challenge could find that federal powers were limited "on the basis of the doctrine of integrity of state institutions".
So the committee asked the Victorian parliament to compel its members to appear.
The state parliament refused and passed a law giving its members leave to appear if they saw fit.
Under the standing orders, states also have legal power to decide whether or not their public servants should cooperate with federal Senate probes.
So the Newman government could stymie the inquiry quite easily, but Queensland University of Technology legal analyst Associate Professor Mark Lauchs thinks they shouldn't.
He says the inquiry is a show trial and there's a glaring conflict of interest because PUP Senator Glenn Lazarus is the chair.
"Clive Palmer is taking legal action against the people who are being probed, he's set up the inquiry and now one of his senators is chairing it," he told AAP.
"I don't think anyone could reasonably say that Palmer senators don't have a conflict of interest."
Prof Lauchs said the Newman government should simply cooperate with the inquiry.
"If I were the Libs I'd let it run," he said.
"I'd say `you want it, have it', keep pointing out there's nothing to hide, keep pointing out the conflict of interest.
"If the committee finds nothing it will work against them and all the parties involved."
