The ICAC has found former NSW Premier Gladys Berejiklian engaged in serious corrupt conduct in relation to a $5.5 million grant awarded in the electorate of her then boyfriend, MP Daryl Maguire.

Mr Maguire, the member for Wagga Wagga, with whom Ms Berejiklian was having a secret relationship, also engaged in serious corrupt conduct, the ICAC says in a long-awaited report handed down on Thursday.

The ICAC recommends that the DPP consider prosecuting Mr Maguire, but  says it doesn’t recommend prosecution be considered for Ms Berejiklian.

“The Commission is not of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Ms Berejiklian for any offence,” it says.

The commission found Ms Berejiklian engaged in serious corrupt conduct in 2016 when she failed to disclose her conflict of interest in relation to the $5.5 million grant awarded to the Wagga Wagga-based Australian Clay Target Association (ACTA), for which Mr Maguire was an enthusiastic advocate.

It said the former Premier, as Treasurer, took action to advance and approve Mr Maguire’s funding pitch for ACTA, without disclosing her personal relationship with him.

ICAC also found that in 2018 Ms Berejiklian failed to declare a conflict of interest in relation to the provision of land and $10 million of funding for Riverina Conservatorium of Music (RCM), another facility in Mr Maguire’s electorate.

Mr Berejiklian also made a $20-million funding reservation for stage two of the RCM proposal, which quarantined the reserved funds from being spent on other proposals.

Ms Berejiklian was “influenced by the existence of her close personal relationship with Mr Maguire, or by a desire on her part to maintain or advance that relationship, in connection with the funding promised and awarded to a proposal to build a recital hall for the RCM,” the report says.  

The commission also found Ms Berejiklian, then Premier, engaged in serious corrupt conduct by failing to notify the ICAC that she suspected Mr Maguire had engaged in potentially corrupt conduct.

In a brief statement Ms Berejiklian said she had at all times worked her hardest in the public interest and indicated she has sought legal advice on the report.

“Thank you to members of the public for their incredible support,” she said. “This will sustain me always. The report is currently being examined by my legal team.”

Improper use of office

The corruption watchdog found that between 2012 and August 2018 Mr Maguire improperly used his office and his resources as a state MP to benefit his company G8wayInternational, and failed to disclose in position as director, and the sources of his income as required.

Mr Maguire misused his role as an MP to advance his own financial interests in connection with an immigration scheme promoted to his constituents; his position as chair of the parliamentary Asia Pacific Friendship; and in association with the sale and development of land, the ICAC says.

The Commission makes 18 recommendations addressing the codes of conduct that govern the conduct of MPs, improving their training and that of their staff, and improving the integrity of grant schemes.