some particular subject matter to which it related, struck them as so out of order in relation to a public official's conduct that they suspected that it concerned, or may concern, corrupt conduct" ([13.17]).
278 The Commission also rejected the applicant's contention that Counsel Assisting had "failed adequately to identify the 'matter' said to have been reportable". It continued (at [13.20]):
… Counsel Assisting set out in detail in their submissions the circumstances which they argued gave rise to an actual suspicion on Ms Berejiklian's part based on reasonable grounds. They identified the time at which they contended those circumstances supported the proposition that it was probable Ms Berejiklian suspected Mr Maguire was engaging in conduct which may have been corrupt. At the end of each relevant section of their submissions, Counsel Assisting have identified the actual suspicion they contend the Commission should find Ms Berejiklian had based on the facts and circumstances which came to her attention concerning Mr Maguire's conduct and which enlivened her s 11 duty.
279 This ground of review ultimately raises a question as to the construction of s 11(2). That question is whether, for there to be a "matter that [a] person suspects on reasonable grounds concerns or may concern corrupt conduct", the matter must involve some "specified subject". The materiality of that question in turn depends on whether the Commission's findings involved "matters" which were not confined to a "specified subject matter". For the reasons which follow, that proposition is not established, making it unnecessary to address further any debate about the scope of the word "matter" in s 11.
280 The Commission's findings of breach of s 11 are at [13.367]–[13.368]. The subject matters of those findings are referred to by the labels "Badgerys Creek land deal", "Country Garden and Mr Hawatt", and "Mr Demian". The findings address the applicant's state of mind as at September 2017 (in relation to the "Badgerys Creek land deal") and after 13 July 2018 (in relation to each of the three matters).
281 The significance of those dates is as follows. In August and early September 2017, there was a series of intercepted telephone calls between the applicant and Mr Maguire concerning the "Badgerys Creek land deal". On 5 July 2018, the applicant and Mr Maguire had a conversation about his appearing as a witness at the Operation Dasha public inquiry on 13 July 2018. As a result of the evidence he gave on 13 July 2018, the applicant called on Mr Maguire to resign, believing that he "had been caught up with some people who… likely had… done some wrong" ([13.142]).
The "Mr Demian" subject matter
282 Mr Hawatt had been a councillor at Canterbury City Council until its amalgamation with Bankstown Council in May 2016 ([2.3]). Country Garden Australia Pty Ltd (Country Garden) was an Australian-based property developer ultimately owned by Chinese interests and held through a Hong Kong listed company. Mr Maguire and Mr Hawatt "worked" together with Country Garden to identify and introduce to Country Garden potential development sites. Mr Demian was a property developer and the owner of
