Matthew Canavan (Queensland, Liberal National Party, Minister for Resources and Northern Australia) Share this | Hansard source

I thank Senator Hanson-Young for her question. As has been expressed by the government, the government is willing to assist the South Australian royal commission in its inquiry into the Murray-Darling Basin Plan. However, there is no jurisdiction for a state based royal commission to use coercive powers against the Commonwealth, including its agencies and employees. That's why, a couple of weeks ago, the Commonwealth and the Murray-Darling Basin Authority did initiate action in the High Court seeking an order to set aside the summonses for the production of privileged legal information held by the Commonwealth and for the appearance of Commonwealth officers at the royal commission.

The Commonwealth argues that the use of summonses against the Commonwealth is a coercive power outside the remit of the royal commission established under the state's Royal Commissions Act. A couple of weeks ago, on 13 June, the South Australian royal commissioner, Bret Walker SC, suspended the requirement for the Commonwealth, its agencies and employees to comply with the summonses until the issue has been decided by the High Court in the near future. No hearing date has yet been set down by the court.

The Commonwealth government have informed the South Australian government that we are willing to assist the royal commission in its inquiry into the Murray-Darling Basin Plan, and we will cooperate as far as we legally can, having regard to the preservation of the Commonwealth's jurisdiction and the limits of the state's Royal Commissions Act in relation to the Commonwealth and its agencies, such as the Murray-Darling Basin Authority.