The five findings of "serious corrupt conduct"
35 The Commission's five findings of "serious corrupt conduct" by the applicant are contained in [1.5.1]–[1.5.5] of the Report, extracted above at [13].
36 The first and third of those findings (at [1.5.1] and [1.5.3]) are that the applicant engaged in what amounted to conduct by a public official that constituted or involved a "breach of public trust" (s 8(1)(c) of the Act) ([11.460], [12.223]), which was a substantial breach by a Minister of s 7(2) of the Code, and cll 10(1), 11 and 12 of the Schedule (see s 9(1)(d) and (3), and s 13(3A) of the Act) ([11.489]–[11.491], [12.256]–[12.258]), and constituted "serious corrupt conduct" within s 74BA(1) of the Act ([11.513], [12.263]–[12.264]). That conduct was exercising her official functions in relation to decisions made concerning funding promised and or awarded to ACTA and RCM Stages 1 and 2 without disclosing her close personal relationship with Mr Maguire, when she was in a position of conflict of interest between her public duty and private interest which could objectively have the potential to influence the performance of her public duty.
37 The second and fourth of those findings (at [1.5.2] and [1.5.4]) are that the applicant engaged in what amounted to conduct by a public official that constituted or involved the partial (as distinct from impartial) exercise of that person's official functions (s 8(1) (b) of the Act) ([11.594], [12.314]), which was a substantial breach by a Minister of s 6 of the Code (see s 9(1)(d) and (3), and s 13(3A) of the Act) ([11.624]–[11.626], [12.328]–[12.331]), and constituted "serious corrupt conduct" within s 74BA(1) of the Act ([11.636], [12.341]). That conduct was exercising her official functions in relation to ACTA and RCM Stage 2 funding influenced by her close personal relationship with Mr Maguire and her desire to advance or maintain that relationship.
38 The fifth of those findings (at [1.5.5]) is that the applicant engaged in what amounted to conduct by a public official that constituted or involved the dishonest or partial exercise of her official functions (s 8(1)(b) of the Act) ([13.389]), which was a substantial breach of s 6 of the Code (see s 9(1)(d) and (3), and s 13(3A) of the Act) ([13.402]–[13.404]), and constituted "serious corrupt conduct" within s 74BA(1) of the Act ([13.405]). That conduct was the applicant's failure and refusal to discharge her obligations under s 11(2) of the Act to report her actual suspicions that Mr Maguire's activities in relation to the "Badgerys Creek land deal", "Country Garden and Mr Hawatt" and "Mr Demian" subject matters (as to which see [282]–[289] below) concerned, or might have concerned, corrupt conduct.
The grounds of review: overview
39 There are 13 grounds of review. With the exception of ground 1, which is directed to the role of the Hon Ruth McColl AO SC in the preparation or making of the Report, each ground raises a basis upon which it is said the Commission made a material error of law in or in relation to its findings supporting one or more of the Commission's "ultimate" findings that Ms Berejiklian engaged in "serious corrupt conduct". Ground 2,
