NSW ICAC turmoil: It comes down to what Gladys Berejiklian knew …

NSW Premier Gladys Berejiklian may be found to have broken parliamentary rules by failing to report Daryl Maguire’s alleged breaches.

NSW Premier Gladys Berejiklian in question time on Tuesday. Picture: Dan Himbrechts

NSW Premier Gladys Berejiklian has skirted the edge of ministerial misconduct, avoiding having to declare the financial interests of her former lover Daryl Maguire, yet she may be found to have broken parliamentary rules by failing to report his alleged breaches.

Standing firm against calls to resign after a humiliating ­corruption inquiry hearing on Monday, Ms Berejiklian has maintained she did nothing wrong, other than making a poor decision in her personal life.

Despite the allegations readied against Mr Maguire, including attempts to lobby politicians on behalf of Louise Waterhouse’s Western Sydney development site, a deal in which he stood to make hundreds of thousands of dollars, Ms Berejiklian escaped breaking the NSW Ministerial code of conduct due to a definitional distinction.

Fortunately for the Premier, the requirement to declare the ­financial interests of partners ­applies only to the “immediate family members” of ministers, who are defined as a “spouse or de facto partner”.

In other sections of the code, a separate definition for a “family member” is included, which includes “any person with whom the minister is in an intimate personal relationship”. But these sections do not relate to the declaration of financial interests.

The Premier told the council assisting the inquiry, Scott Robertson, she had ended the relationship with the former Wagga Wagga MP only a month ago.

Despite Ms Berejiklian’s assertions that she’s done nothing wrong, the NSW Parliamentary Code of Conduct requires members to take “reasonable steps to avoid, resolve or disclose any conflict of interest between their private and public interests”.

In one intercepted call, Mr Maguire told the Premier to ­expect a call from a property developer who was “absolutely frustrated” by a lack of decisions.

“I don’t need to know which little friend you (are) talking about,” she told Mr Maguire.

As for Mr Maguire, it is not ­illegal for MPs to earn additional income while in office. However, he was subject to certain parts of the NSW Ministerial Code of Conduct as a parliamentary secretary from 2014 until his resignation from parliament in 2018.

Under the ministerial code, he should have disclosed his pecuniary interests and could not improperly use public resources to benefit himself.

ICAC is investigating whether Mr Maguire engaged in corrupt conduct and whether there are grounds on which he could be found to have committed a criminal offence.

It has emerged Ms Berejiklian was aware he earned a $5000 commission on a property deal, and he potentially stood to make $690,000 from the development of land near Badgerys Creek.

“It’s clear the Premier knew he was a repeat offender and had many other such schemes under way,” Labor’s Adam Searle said.