A coalition government in NSW would pass retrospective legislation to protect witnesses at next month's hearings of an inquiry into the sale of electricity assets.
The Labor government is accused of trying to derail the upper house inquiry, by proroguing the parliament two months earlier than expected.
Premier Kristina Keneally has said this means the inquiry is illegal and witnesses won't be protected by parliamentary privilege.
But Opposition Leader Barry O'Farrell says if he wins the state election in March - which is widely expected, given the coalition's commanding lead in the opinion polls - he will legislate to protect the witnesses.
"We're determined to ensure the public learn the facts about Labor's power sell-off," Mr O'Farrell said in a statement.
"If, as a result of legal action by the Keneally Labor government, it was determined that privilege didn't apply to evidence to the inquiry, then an incoming NSW Liberals and Nationals government would take legislative action to protect witnesses and their evidence," he said.
Three Labor MPs on the parliamentary committee refused to attend a meeting last week to draft the terms of reference for the inquiry into the contentious partial privatisation.
But the government's attempts to kill it off have been thwarted by the Clerk of the Legislative Assembly, Lynn Lovelock, who has advised the committee's chair - Christian Democrat Fred Nile - that there is nothing to stop the inquiry going ahead.
Its hearings will begin on January 17.
Ms Keneally insists that the inquiry into the $5.3 billion sale of three electricity retailers and trading rights for the output of some power stations is unnecessary because the auditor-general will independently scrutinise it.
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