[114] (Gleeson JA)). What is clear, however, is that there is a difference between the fiduciary obligation prohibiting the pursuit of personal interest and the affirmative public duty of a Minister to exercise powers and functions "with fidelity and with a single mindedness for the welfare of the community" (R v Boston at 400).
178 This ground is not made out.
Ground of review 5
179 This ground is:
Further or in the alternative to ground 1, the Commission erred in law in finding that Ms Berejiklian engaged in conduct constituting a breach of public trust by failing to "act only according to what she believed to be in the public interest", with such conduct constituted by her non-disclosure of her non-pecuniary personal relationship with Mr Maguire (R [11.446]–[11.451], [12.181], [12.195]–[12.197], [12.222])… (Emphasis added.)
180 This ground addresses the findings as to the conduct found to be in breach of' s 8(1)(c) and characterised as "serious corrupt conduct". It is said that the material conduct in which the Commission found the applicant had engaged, and in breach of s 8(1)(c), was the applicant's non-disclosure of her personal relationship with Mr Maguire.
181 The issue between the applicant and Commission is whether, as the applicant contends, the Commission found that the breaches of s 8(1)(c) were the applicant's non-disclosure of her personal relationship, which constituted a failure to "act only according to what she believed to be in the public interest".
182 In the applicant's written submissions, it is said not that the Commission made such a finding, but rather that the Commission "treated" the applicant's non-disclosure as itself amounting to such a breach.
183 Reference to the Commission's findings shows that the breach found in the case of the ACTA and RCM Stages 1 and 2 funding was "exercising her official functions in relation to funding promised and/or awarded… without disclosing her close personal relationship with Mr Maguire when she was in a position of conflict of interest between her public duty and her private interest" (as to ACTA, see [11.460]; as to RCM Stages 1 and 2, see [12.223]). Having made those findings, the Commission then turned to s 9(1)(d) and recorded its findings in relation to the breach of s 8(1)(c) as being that "Ms Berejiklian was in a position of conflict when she exercised her official functions" in relation to each of ACTA and RCM (as to the former, see [11.464]; as to the latter, see [12.225]).
184 In considering the question of substantial breach of the Ministerial Code, the lack of disclosure, which the Commission found was "wilful" (as to ACTA, see [11.464]; as to RCM Stages 1 and 2, see [12.196] and [12.221] respectively), informed the
