7. A Minister's obligation not to breach public trust is expressed more broadly than an obligation prohibiting the promotion of private pecuniary interests in circumstances where there is a conflict of interest and public duty. That public duty is sufficiently identified as being "to serve and, in serving, to act with fidelity and with a single-mindedness for the welfare of the community", and "to act according to good conscience, uninfluenced by other considerations, especially personal financial considerations": Bell CJ and Meagher JA at [165]–[174]; Ward P at [343].
- Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41; [1984] HCA 64; Chan v Zacharia (1984) 154 CLR 178; [1984] HCA 36; R v Boston (1923) 33 CLR 386; [1923] HCA 59; Re Day (No 2) (2017) 263 CLR 201; [2017] HCA 14; Hocking v Director-General of the National Archives of Australia (2020) 271 CLR 1; [2020] HCA 19; Boardman v Phipps [1967] 2 AC 46; Aberdeen Railway Co v Blaikie Bros (1854) 1 Macq 461; R v Obeid (No 2) [2015] NSWSC 1380, considered.
As to (v):
8. The Commission did not find that the applicant had breached her duty of public trust under s 8(1)(c) simply by not disclosing her relationship. The breaches of that provision as found by the Commission were that she had exercised her official functions whilst in a position of conflict of duty and personal interest: Bell CJ and Meagher JA at [183]–[185]; Ward P at [343].
As to (vi):
9. The Commission did not decide for itself the merits of any of the funding proposals. Rather, it had regard to evidence as to the merits or otherwise of those proposals as perceived at the time by those whose task it was to consider critically the proposals as a circumstance relevant to whether the applicant acted with partiality and was influenced in doing so by her relationship with Mr Maguire: Bell CJ and Meagher JA at [189]–[199]; Ward P at [343].
As to (vii):
10. In its terms the Code applies to all current and future Ministers, and should be construed, if at all possible, so that it has that consequence. The language of cl 27(5) of the Schedule provides the mechanism by which that is to be achieved, providing for "rulings" by the Cabinet when the Minister in question is the Premier. That mechanism permits s 7 of the Code and cll 10–12 of the Schedule to apply consistently to all Ministers, including the Premier: Bell CJ and Meagher JA at [208]–[217]; Ward P at [343].
As to (viii):
11. The Commission did not err in proceeding on the basis that in participating in the funding decisions the applicant was required to act in the public interest and to exercise any relevant power for the purpose for which it was conferred and consistently with any
