15. There was no illogical or irrational result as the two conclusions can be readily explained. Different rules of evidence apply before the Commission and before a criminal court; the relevant standard of proof is different; and the criminal offence requires proof of elements not essential to the "serious corrupt conduct" findings. Furthermore, the applicant's argument presupposes that any illogicality or irrationality which might explain the asserted inconsistency is only in relation to the finding of "serious corrupt conduct", and not in relation to the Commission's declining to make a statement that advice be sought from the Director of Public Prosecutions: Bell CJ and Meagher JA at [298]–[300]; Ward P at [343].
As to (xiii):
16. There is no reason for construing "dishonest" in the Act other than in its ordinary sense. It follows that conduct is "dishonest" for the purposes of s 8(1)(b) when it would be regarded as such according to the standards of ordinary, decent people. It is not necessary that the accused have also appreciated or realised that his or her conduct would be regarded by such people as "dishonest": Bell CJ and Meagher JA at [307]–[308]; Ward P at [343].
- Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7; Farah Constructions Pty Limited v Say-Dee Pty Limited (2007) 230 CLR 89; [2007] HCA 22; Macleod v The Queen (2003) 214 CLR 230; [2003] HCA 24, considered.
JUDGMENT
1 BELL CJ AND MEAGHER JA: The applicant, Ms Berejiklian, was first elected as a member of the New South Wales Legislative Assembly for the electorate of Willoughby on 22 March 2003. Between 2 April 2015 and 23 January 2017, Ms Berejiklian was also Treasurer and Minister for Industrial Relations. On the latter date, she relinquished those earlier positions and assumed the position of Premier. Ms Berejiklian resigned as Premier on 5 October 2021 and from Parliament on 30 December 2021.
2 In late June 2023, the applicant was the subject of adverse findings made in a two-volume report of the respondent (ICAC or the Commission) titled "Investigation into the conduct of the then member of Parliament for Wagga Wagga and then Premier and others (Operation Keppel)" (the Report). The member representing the electorate of Wagga Wagga between 27 March 1999 and 3 August 2018 was Mr Daryl Maguire. The adverse findings against Ms Berejiklian included that she had engaged in "serious corrupt conduct" in the exercise of her official functions in connection with funding promised and or awarded in 2016 and 2017 to the Australian Clay Target Association (ACTA) and in 2018 to the Riverina Conservatorium of Music (RCM) in two stages.
3 The applicant seeks judicial review of the Commission's adverse findings against her. She does so by raising 13 grounds of review. For the reasons which follow, each of these 13 grounds must be rejected, and the proceedings dismissed with costs.
