Page:Berejiklian v Independent Commission Against Corruption.pdf/2

	believed to be in public interest — whether Commission made findings about merits of funding proposals — whether s 7 of NSW Ministerial Code and cll 10–12 of Schedule to code applies to Premier — whether applicant's conduct in relation to funding decisions constrained by duty to act impartially — whether finding of partial conduct requires finding that but for unacceptable reason conduct would not have occurred — whether finding of partial conduct requires comparative exercise — whether Commission reached illogical or irrational result by making "serious corrupt conduct" finding but also refusing to recommend advice be sought as to whether to prosecute applicant — whether "dishonest" in s 8(1)(b) of Independent Commission Against Corruption Act 1988 (NSW) requires person to realise his or her conduct dishonest according to standards of ordinary people
Legislation Cited:	Constitution Act 1902 (NSW), s 35E(1) Evidence Act 1995 (NSW), s 55(1) Independent Commission Against Corruption Act 1988 (NSW), ss 2A, 3(1), 4(1), 5(1), 6, 6A, 7(1), 8, 9, 11, 13, 17, 18(2), 20, 30, 31, 31B, 55, 57B, 74, 74A–74D, 75, 77, 77A, 104B, 107, 111, 112(1), Sch 1, cl 5(4) Interpretation Act 1987 (NSW), s 35 Restart NSW Fund Act 2011 (NSW), s 3 Supreme Court Act 1970 (NSW), ss 48, 51(2), 69 Independent Commission Against Corruption Regulation 2017 (NSW), cl 5 NSW Ministerial Code of Conduct, Preamble, cll 1, 3, 4, 11, ss 1, 4, 6–12, Sch, cll 2(3)(c), 3(5)(c), 10–13, 27
Cases Cited:	Aberdeen Railway Co v Blaikie Bros (1854) 1 Macq 461 Amaba Pty Ltd v Booth [2010] NSWCA 344 Attorney-General (NSW) v Quin (1990) 170 CLR 1; [1990] HCA 21 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Ballina Shire Council v Knapp [2019] NSWCA 146 Balog v Independent Commission Against Corruption (1990) 169 CLR 625; [1990] HCA 28 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Chan v Zacharia (1984) 154 CLR 178; [1984] HCA 36 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Edge v Pensions Ombudsman [2000] Ch 602