Commission made five findings of "serious corrupt conduct" by the applicant for the purposes of the Independent Commission Against Corruption Act 1988 (NSW) (the Act). The first four findings related to the funding proposals described above.
The first and third findings included that the applicant had engaged in a "breach of public trust" by exercising her official functions in relation to decisions made concerning funding promised and or awarded to ACTA and RCM without disclosing her close personal relationship with Mr Maguire when she was in a position of conflict between her public duty and private interest.
The second and fourth findings included that the applicant had engaged in the "partial" (as distinct from impartial) exercise of her official functions in relation to the ACTA funding and in relation to the RCM funding decision in August 2018. That partial conduct was exercising her official functions influenced by her close personal relationship with Mr Maguire, and her desire to advance or maintain that relationship.
The fifth finding was that the applicant had engaged in conduct which constituted or involved a dishonest or partial exercise of official functions. The specific conduct was the applicant's failure and refusal to discharge her statutory obligation to report her actual suspicions that Mr Maguire's activities in relation to three subject matters concerned or might have concerned corrupt conduct. Those subject matters were Mr Maguire's relationships with particular property owners or developers, from whom it was said that Mr Maguire, with others, had the prospect of receiving commissions.
Preparation of the Report
The Hon Ruth McColl AO SC as an Assistant Commissioner presided over the two public hearings giving rise to the Report. Her appointment as Assistant Commissioner was extended on four occasions, and expired on 31 October 2022. From that date, Ms McColl was engaged as a consultant to the Commission (and thereby continued to be an officer of the Commission) for the purpose of providing it with "services, information or advice". During the period of her appointment as a consultant, Ms McColl continued her participation in the drafting process which preceded the finalisation of the Report. The draft reports contained assessments as to the credibility of witnesses, including the applicant. The drafts were the subject of a substantive review by a panel presided over by the Chief Commissioner, who had ultimate responsibility for the making of the Report.
The Report was finalised in late June 2023, and on 29 June 2023 presented to the Presiding Officers of the Legislative Council and Legislative Assembly. The Report was accompanied by a letter signed by the Chief Commissioner which described the Report as "the Commission's report on its investigation" into the conduct of Mr Maguire, the applicant and others.
The application for judicial review
The applicant's Amended Summons contains 13 grounds of review.
