HEADNOTE
[This headnote is not to be read as part of the judgment]
The applicant, Ms Berejiklian, was first elected as a member of the New South Wales Legislative Assembly on 22 March 2003. Subsequently, she became a Minister of the Crown. She was the Treasurer between 2 April 2015 and 23 January 2017, and Premier between 23 January 2017 and 5 October 2021.
The member representing the electorate of Wagga Wagga between 27 March 1999 and 3 August 2018 was Mr Daryl Maguire. Ms Berejiklian and Mr Maguire were in a "close personal relationship" which commenced before 2016 and ended in September 2020.
Conduct
At all relevant times, Mr Maguire was and regarded himself as the principal proponent within the State government of funding proposals for two entities in the Wagga Wagga electorate — the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (RCM).
In the case of ACTA, by January 2016 funding was sought to build a new clubhouse/national administration office complex on ACTA's national clay target shooting ground in Wagga Wagga. In early December 2016, the applicant as Treasurer approved this funding request being included on the agenda for an Expenditure Review Committee (ERC) meeting on 14 December 2016. At that meeting, a grant of $5.5 million to ACTA was approved.
In relation to RCM, by August 2015 funding was sought for the construction of a new conservatorium of music, initially on an area of council land in Wagga Wagga, and later on a government-owned site in that city. In February 2017, RCM submitted a further proposal for its relocation to the government-owned site and refurbishment of existing buildings on that site, and for the later demolition of two buildings on that site and the construction of a new wing containing a recital hall and commercial facilities. On 12 April 2018, the ERC, attended by the applicant as Premier, approved the transfer of the government-owned site to "Arts NSW" for the purpose of relocating RCM there. On 24 April 2018, the ERC endorsed grant funding of $10 million to RCM for the purpose of refurbishing that site. In late August 2018, in the context of a by-election for the seat of Wagga Wagga, the applicant and the then Treasurer agreed to a funding reservation of up to $20 million for the construction of a new recital hall for RCM.
Findings
In late June 2023, the applicant was the subject of adverse findings made in a two-volume report of the Independent Commission Against Corruption (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
