NSW ICAC delivers findings on Daryl Maguire, Gladys Berejiklian probe

The Independent Commission Against Corruption (ICAC) found Ms Berejiklian breached public trust between 2016 and 2018 in relation to funding for two Wagga-based projects, when she did not disclose her personal relationship with Mr Maguire.

"She was in a position of a conflict of interest between her public duty and her private interest, which could objectively have the potential to influence the performance of her public duty," ICAC found.

ICAC delivered its investigative report to NSW Parliament on June 29 following two public enquiries which heard from 40 witnesses in 2020 and 2021.

The watchdog found Ms Berejiklian's failure while NSW Premier to notify ICAC of her suspicion Mr Maguire had engaged in corrupt conduct was "grave misconduct".

"Ms Berejiklian must have known that she was not entitled to refuse to exercise her official functions for her own private benefit, or for the benefit of Mr Maguire."

ICAC also found Mr Maguire engaged in serious corrupt conduct between 2012 and August 2018 by "improperly using his office and the resources to which he had access as a member of Parliament to benefit G8wayInternational".

The report said Mr Maguire "was in substance" a director of the company and had an arrangement to share its profits.

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Mr Maguire was also found to have misused his role as an MP to advance his own financial interests and of his associates in relation to an immigration scheme he promoted.

ICAC referred Mr Maguire, G8wayInternational director Phillip Elliott and Maggie Wang, an associate of Mr Maguire, for the DPP to consider whether they be prosecuted for "various offences".

However, the watchdog was "not of the opinion that consideration should be given to... the prosecution of Ms Berejiklian for any offence".

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ICAC has made 18 recommendations to address the code of conduct that governs MPs, improving MP and staff training, and the integrity of grant schemes.

"The recommendations aim to address systemic weaknesses found in this investigation and reinforce NSW Parliament's ethical culture," ICAC said.

"The ultimate goal is to improve and enhance the reputation of the NSW Parliamentary system to the betterment of the people of NSW through the adoption of the recommendations."

NSW Premier Chris Minns has addressed the media after the release of the ICAC report on June 29.

He said the report had taken "way too long" to be delivered.

It has been nearly two years since the second public enquiry took place in October 2021.

"If you're an official or public servant that's the subject of a public enquiry to hold your life effectively up for years and years is just too long," he said.

"If there are changes we can make to the ICAC Act in a bipartisan way to strengthen accountability and community support for the independent agency then we will do that."

Mr Minns said the report took nothing away from Ms Berejiklian's "excellent" handling of the COVID-19 pandemic.

"It's important however for all politicians in NSW and anyone in public life or positions of leadership to understand that we must manage conflicts of interest and in particular declare them," he said.

"That's been a fundamental principle since the foundation of the NSW Parliament - it remains the case today."

The NSW Government will look at the recommendations passed on by ICAC, Mr Minns said.

Operation Keppel investigated allegations Mr Maguire breached public trust between 2012 and 2018 by using his parliamentary role for personal benefit.

A further enquiry looked at the conduct of Ms Berejiklian and whether her relationship with Mr Maguire had led to grant funding being promised to his electorate.

The announcement of the probe turning its attention to Ms Berejiklian led to her resignation as NSW Premier and exit from parliament in October 2021.

Two grants were investigated during the investigation, one for the Australian Clay Target Association while Ms Berejiklian was treasurer, and another to the Riverina Conservatorium of Music in Wagga Wagga when she was premier.

Ms Berejiklian said while announcing her resignation that she had "always acted with the highest level of integrity".

Mr Maguire stood down from the Liberal Party and resigned in July 2018 having held the seat of Wagga Wagga since 1999.

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