…
11.583. The Commission accepts that the mere fact that Ms Berejiklian spoke on the telephone and exchanged SMSs with Mr Maguire could not be the basis for a finding of partial treatment, nor could the mere fact that individuals with a closer personal or professional relationship to a Cabinet member have a 'greater level of access' to her.
11.584. However, this is not a case of 'mere' facts. As Mr Toohey described it (a description which was reflected in Mr Blunden's memorandum to the premier of 12 December 2016) the ACTA proposal was to allocate funds based on scant and inadequate information which did not meet the NSW Government's standards and was not a matter of government policy.
11.585. The evidence discloses that the conduct of Ms Berejiklian in advancing, and constantly supporting, the ACTA proposal was actuated by her close personal relationship with Mr Maguire.
268 As to the RCM Stage 2 funding proposal, the Commission held that, at the time the applicant as Premier approved the funding reservation on or shortly before 24 August 2018: she had no support from either the relevant departmental officers or her own staff ([12.276], [12.313]); there was no evidence of any assessment as to the feasibility or otherwise of RCM Stage 2 having been made at the departmental level ([12.276]); and the applicant accepted it was possible that her decision to support it was either contrary to or in the absence of departmental advice ([12.281]).
269 Specifically, Mr Harley did not have any recollection of advice sought or received from the department regarding the merits or otherwise of RCM Stage 2 ([12.282]). Ms Cruickshank and Mr Harley were not supportive of the proposal ([12.287]). Mr Burden could not recall anyone within the Premier's office other than the applicant "wanting to push the project" ([12.289]).
270 As to the sequence of events, as extracted above at [125] on 30 July 2018 the applicant in a recorded telephone conversation with Mr Maguire undertook to him to "throw money at Wagga … lots of it", and to do so in respect of Mr Maguire's "three top things", one of which was RCM Stage 2 ([12.103]–[12.104], [12.277]). From 30 July 2018, the applicant as Premier was the ultimate decision-maker with respect to funding commitments preceding the Wagga Wagga by-election in September 2018 ([12.128]). On or shortly before 24 August 2018, the then Treasurer, Mr Perrottet, signed a letter to Mr Barilaro on the applicant's letterhead stating that he and the applicant had agreed to the reservation of up to $20 million from the RCD Fund in favour of RCM Stage 2
