LD over recent weeks the questions on legality have been put to legal experts. There are significant questions to be answered.
The legal basis for the grant decisions has already been questioned by constitutional lawyers.Professor Geoffrey Lindell, an adjunct professor of law at Adelaide University, told the inquiry on Tuesday that according to laws affecting ministerial responsibility and public governance an agency like Sports Australia is different to a department.
"I have serious doubts as to whether [Senator McKenzie] had that authority," Professor Lindell told the inquiry.
Professor Lindell told the inquiry that while a minister can make final decisions on departmental matters they do not have the same power over an agency - such as Sports Australia - and can't overrule its decisions.
Over the past few weeks forensic questioning in parliamentary hearings and through the Estimates process has exposed a network of contact between Senator McKenzie and her ministerial staff members and the Prime Minister and his staffers.
Professor Lindell said his concerns about the administration of the program extend to the unelected political staff who were involved.
"What I say about the minister lacking authority to direct or make decisions...applies equally and perhaps even more strongly to a mere official in either the minister's office or the Prime Minister's office, or indeed even the Prime Minister himself," Professor Lindell told the inquiry.
"The cloud hangs over all of them."
It has now been confirmed that some grants were approved after the election was called, while the government was in caretaker mode and was not supposed to make political decisions.
Senator McKenzie is adamant that she did not make the changes herself. It remains unclear who did.
Professor Lindell told the inquiry he was concerned about the key role being played by political staffers, and the lack of input from public servants.
"If, in fact, we are not going to hold the minister responsible, something will have to be done about the authority of the people employed in ministers' offices," he said.
"These people are assuming more and more authority. At some point or other we can't just leave it as a vacuum, someone has to be responsible for what happens in a minister's office."
https://www.abc.net.au/news/2020-03-11/legal-questions-striking-at-the-heart-of-the-sport-rorts-saga/12044020
