- Mr Maguire as principal proponent of the ACTA and RCM proposals
129 In relation to the ACTA proposal generally, Mr Maguire agreed that from time to time he spoke to the applicant about it, and that he would have "encouraged her to take a close interest in it" ([11.543]). There was evidence that he was regarded by senior members of ACTA as its "champion within government" ([11.3], [11.372]). He was also Patron of the NSW Clay Target Association, and agreed that he had a long-term association with ACTA and was the "principal proponent" of its projects to government between at least 2016 and 2018 ([11.371]–[11.373]).
130 As to RCM, the applicant's evidence was that Mr Maguire had raised the funding for its moving premises, and its later recital hall proposal, over a period of years and on a number of occasions, and that she believed that he had a "particular passion" for the funding of the RCM proposal ([12.79], [12.182]). Dr Wallace described Mr Maguire as RCM's "go-to person within government" ([12.166]). In turn, Mr Maguire believed that he was the "principal proponent of that project within government" ([12.167]).
131 It was open to the Commission to find on this evidence that the applicant understood or believed that by supporting these two proposals she would please Mr Maguire, and give him a sense of satisfaction and achievement, and thereby strengthen or secure their underlying relationship.
- The degree of involvement of the applicant in the ACTA and RCM funding proposals; the adoption of irregular, atypical or unusual processes in the treatment of those proposals; and the involvement of the applicant in influencing their outcome
132 In relation to the ACTA proposal: The Commission found that the circumstances in which this funding application came onto the ERC agenda were "within [the applicant's] control" and "bespeak irregularity" ([11.572]). As described below, those circumstances were supported by evidence:
11.572.1. Ms Berejiklian agreed that to have a matter put on an ERC meeting agenda urgently would require the intervention or at least the agreement of the treasurer.
11.572.2. Ms Berejiklian accepted that Mr Maguire had had discussions with Mr Bentley [an adviser within the applicant's office] and her with a view to getting her to give a request or direction that the ACTA matter be placed on the ERC agenda.
11.572.3. Mr Ayres [Minister for Sport] did not recall any direct discussion and agreement with Ms Berejiklian to have the ACTA matter on the agenda.
11.572.4. To the extent that a 5 December 2016 email said, 'I understand that Minister Ayres has agreed with the Treasurer that a submission seeking $5.5 million for a Clay Target Association in Wagga Wagga be considered by ERC on 14 December', Mr Ayres interpreted that to mean 'our officers interacting with each other, not me and the Treasurer'.
11.572.5. Lodging the final ACTA ERC submission one or two days before the ERC meeting was well outside the ordinary timeframes for dealing with an ERC submission.
11.572.6. Placing the ACTA proposal on the ERC agenda at such short notice was not standard procedure; it meant it by-passed 'a stage where it would be circulated amongst departments'.
11.572.7. On 6 December 2016, at a time when it does not appear the ERC submission could have been seen by Ms Berejiklian, she both placed the matter on the ERC agenda and indicated an inclination to support it.
