the "capacity… to influence" Ms Berejiklian's conduct "both personally and in the performance of her public duties" ([10.38]).
12 In assessing the nature of the relationship, the Commission relied in part on lawfully obtained recordings of telephone conversations and electronic copies of text messages between the applicant and Mr Maguire, as well as its assessment of the applicant's evidence. One such exchange via telephone occurred on 14 February 2018 ([10.20], partially extracted below at [115]). Referring to that exchange and the applicant's evidence explaining it, the Commission reasoned (at [10.29]):
… this evidence is relevant to the consideration of her exercise of her official functions in relation to the [ACTA] and the [RCM] proposals dealt with later in the report. While it may not have been, as Ms Berejiklian submitted, her real view of the dynamic between them, her concern to address what she perceived as Mr Maguire's insecurities can, as a matter of human experience, be expected to have manifested itself in a continuing desire to assuage his feelings and support him to the best of her ability. That would include supporting him bringing to fruition two Wagga Wagga projects for which he was a fervent advocate.
The Commission's findings of "serious corrupt conduct"
13 Ms Berejiklian's Amended Summons (Judicial Review) identifies the decisions sought to be reviewed by this Court as the Commission's findings that she engaged in "serious corrupt conduct". Those findings are set out at [1.5] of the Report:
1.5. The Commission finds that Ms Berejiklian engaged in serious corrupt conduct by:
- 1.5.1. in 2016 and 2017, breaching public trust by exercising her official functions in relation to funding promised and/or awarded to the Australian Clay Target Association (ACTA) without disclosing her close personal relationship with Mr Maguire when she was in a position of a conflict of interest between her public duty and her private interest which could objectively have the potential to influence the performance of her public duty. Her conduct comprised:
- 1.5.1.1. causing the ACTA proposal to be included on the agenda for the Expenditure Review Committee (ERC) meeting of 14 December 2016
- 1.5.1.2. supporting the ACTA proposal in the ERC meeting of 14 December 2016
- 1.5.1.3. communicating her support for and interest in the ACTA proposal to NSW Treasury staff, at least one ministerial colleague (John Barilaro) and staff within her office
- 1.5.1.4. causing steps to be taken by staff from her office to follow up on the progress of the ACTA proposal following the ERC ACTA decision, including by communicating a request that the initial benefit cost ratio calculation of 0.88 by the Department of Premier and Cabinet Investment Appraisal Unit be revisited
- 1.5.2. in 2016 and 2017, partially exercising her official functions in connection with funding promised and awarded to ACTA by exercising her official functions influenced by the existence of her close personal relationship with Mr Maguire and by a desire on her part to maintain or advance that relationship (chapter 11)
- 1.5.3. in 2018, breaching public trust by exercising her official functions in relation to decisions concerning the Riverina Conservatorium of Music ("the RCM") proposal which she knew was advanced by Mr Maguire in:
- 1.5.3.1. participating in the 12 April 2018 ERC decision concerning RCM Stage 1 in relation to the transfer of land at 1 Simmons Street, Wagga Wagga, to provide a site for the RCM
- 1.5.3.2. participating in the 24 April 2018 ERC decision concerning RCM Stage 1 in relation to the funding granted to RCM Stage
