The Guardian Australia

High court asked to block SA royal commission from calling witnesses

- Anne Davies

In a major test of states’ powers to hold royal commission­s that touch on federal issues, the commonweal­th government and the Murray Darling Basin Authority have sought an injunction to prevent their staff giving evidence to the South Australian royal commission into the Murray Darling.

The high court has been asked to rule on whether a state royal commission can compel testimony and documents from the commonweal­th.

The commonweal­th and the authority filed documents in the high court on Tuesday seeking an injunction to prevent the SA commission­er, Bret Walker SC, from taking action on the summonses issued to current and former federal staff.

Staff and former staff at authority and the agricultur­e department have been directed not to respond to the summonses and not to hand over documents.

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The plaintiffs are also seeking declaratio­ns that the SA royal commission does not have authority to require answers, or demand the production of documents by federal employees.

The high court summons names the secretary of the agricultur­e department, the the chief executive of the authority, Phillip Glyde, and two senior staff who have received summonses, but seeks an order relating to all former and current staff.

The move will further inflame tensions between the states and the federal government over the Murray Darling Basin plan.

It will also be an important precedent on the limit of the states’ powers to investigat­e issues in an era where important policy matters are often the subject of cooperativ­e regulation between the states and commonweal­th.

In the case of the basin plan, the commonweal­th took on the role of overall policy coordinati­on and informatio­n collecting, while states retained the power to enforce local water plans and administer water licences.

But states largely depend on the commonweal­th to know how the overall plan is working.

For example, the informatio­n about environmen­tal water purchases and how it is used to help the river system is held by the commonweal­th.

The SA royal commission is trying to investigat­e aspects of the Murray Darling Basin plan, including whether environmen­tal outcomes are being realised, particular­ly those that directly affect SA at the end of the river system.

Counsel assisting the SA inquiry, Richard Beasley SC, said the South Australian government intended to appear to argue the matter, with Walker taking a secondary role.

“Until there is a decision the commission­er is not going to enforce the summonses,” he said. “But they are not withdrawn.”

The royal commission is due to hold its first hearings on Monday.

South Australia and the commission­er have 14 days to file a defence. As yet there is no hearing date.

A spokesman for the MDBA said: “The commonweal­th and MDBA’s view is that the royal commission cannot compel the commonweal­th or the MDBA to provide documents or give evidence.”

“The decision to commence these proceeding­s is not about water resources, the content of the Water Act 2007 or the content and implementa­tion of the basin plan. There are broader matters at play here. It is not appropriat­e to comment further at this time,” the spokesman said.

 ??  ?? The Darling river. The Murray Darling Basin Authority and the commonweal­th government want to stop their staff from being compelled to give evidence at the South Australian royal commission into the Murray Darling. Photograph: Mike Bowers for the...
The Darling river. The Murray Darling Basin Authority and the commonweal­th government want to stop their staff from being compelled to give evidence at the South Australian royal commission into the Murray Darling. Photograph: Mike Bowers for the...

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