Former NSW MP for Wagga Wagga – allegations concerning breach of public trust and dishonest or partial exercise of official functions (Operation Keppel)

Year: 2023 Status: Past

The ICAC investigated allegations that, from 2012 to August 2018, the then member of Parliament for Wagga Wagga, Mr Daryl Maguire, engaged in conduct that involved a breach of public trust by using his public office, involving his duties as a member of the NSW Parliament, and the use of parliamentary resources, to improperly gain a benefit for himself and/or entities close to him. These entities included G8wayinternational/G8wayinternational Pty Ltd and associated persons.

On 1 October 2021, the Commission announced it would conduct a further public inquiry in Operation Keppel. The Commission investigated whether, between 2012 and 2018, the Hon Gladys Berejiklian MP engaged in conduct that:

  • constituted or involved a breach of public trust by exercising public functions in circumstances where she was in a position of conflict between her public duties and her private interest as a person who was in a personal relationship with the then NSW Member of Parliament, Mr Daryl Maguire, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; and grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or
  • constituted or involved the partial exercise of any of her official functions, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or
  • constituted or involved the dishonest or partial exercise of any of her official functions and/or a breach of public trust by refusing to exercise her duty pursuant to section 11 of the Independent Commission Against Corruption Act 1988 to report any matter that she suspected on reasonable grounds concerned or may concern corrupt conduct in relation to the conduct of Mr Daryl Maguire; and/or
  • was liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire.

In its report on the investigation, made public on 29 June 2023, the Commission makes findings of serious corrupt conduct against Mr Maguire and Ms Berejiklian.

The ICAC is of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of Mr Maguire, Phillip Elliott and Maggie Wang for various offences.

The Commission has made 18 corruption prevention recommendations to help prevent the conduct identified in the investigation from recurring.

Operation Keppel update 11 January 2023

Operation Keppel update 28 October 2022

View the Operation Keppel submissions timetable - updated 27 October 2022

Download the Ruling regarding private evidence - 1 November 2021 (pdf)

Download the Ruling regarding Cabinet documents and deliberations - 17 October 2021 (pdf)

Download the public inquiry COVID-19 protocol (pdf)

Download the Operation Keppel media guidelines - October 2021 (pdf)

 


Findings of corrupt conduct

Download the findings (pdf)

Recommendations for prosecutions

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with the respect to the prosecution of the following persons.

Daryl Maguire for:

  • misconduct in public office in relation to his activities in respect to G8wayInternational Pty Ltd (chapter 4)
  • misconduct in public office in relation to his activities in respect of the Immigration Scheme (chapter 6)
  • misconduct in public office in respect of the misuse of his role as a member of Parliament and chair of the NSW Parliament Australia Pacific Friendship Group to advance his own financial interests, as well as the commercial interests of his associates (chapter 7)
  • offences under s 88(2) of the ICAC Act, in connection with his conduct in deleting his own emails and as an accessory in relation to Phillip Elliott and Maggie Wang’s destruction of records (chapter 7)
  • misconduct in public office in respect of the misuse of his role as a member of Parliament with a view to advancing his personal pecuniary interests and/or those of persons associated with him in connection with the sale and/or development of land in NSW (chapter 8)
  • misconduct in public office in relation to his activities in connection with United World Enterprises Pty Ltd (chapter 9).

Maggie Wang for:

  • offences under section 87(1) and section 88(2) of the ICAC Act (chapter 6)

Philip Elliott for:

  • offences under section 87(1) and section 88(2) of the ICAC Act and for one or more offences of misconduct in public office (whether as a principal in the second degree, as a participant in a joint criminal enterprise or in some other accessorial liability) (chapter 7).

Recommendations for disciplinary action

There are no recommendations for disciplinary action in this report.

Recommendations for corruption prevention

Download the corruption prevention recommendations (pdf)

Responses to corruption prevention recommendations

The following websites will provide links to inquiries established by the Standing Committee on Parliamentary Privilege and Ethics and the Privileges Committee in 2023, which are both considering the corruption prevention recommendations made in Operation Keppel:

The Premier and the Special Minister of State issued a media release dated 7 February 2024, which outlines integrity reforms introduced by the NSW Government to address recommendations made by the ICAC in Operation Keppel.

Media Releases

ICAC finds former premier and then member for Wagga Wagga corrupt

29 Jun 2023

The NSW Independent Commission Against Corruption (ICAC) has found that the former premier of NSW, Gladys Berejiklian, and the former member of Parliament for Wagga Wagga, Daryl Maguire, have engaged in serious corrupt conduct.

Operation Keppel investigation report to be furnished 29 June 2023

21 Jun 2023

The NSW Independent Commission Against Corruption (ICAC) will furnish its Operation Keppel investigation report, concerning the then member of Parliament for Wagga Wagga, the then premier, and others, to the Presiding Officers at the NSW Parliament on Thursday 29 June 2023 at 9.00 am.

NSW ICAC MEDIA ALERT: Further Operation Keppel public inquiry starts Monday

14 Oct 2021

The NSW ICAC Operation Keppel further public inquiry will start next Monday, 18 October at 10:00 am.

Further Operation Keppel public inquiry

1 Oct 2021

The NSW Independent Commission Against Corruption (ICAC) will hold a further public inquiry in Operation Keppel from 10:00 am on Monday 18 October 2021.

MEDIA ALERT: Public inquiry into allegations concerning former MP Daryl Maguire starts Monday

17 Sep 2020

The NSW ICAC's Operation Keppel public inquiry into allegations concerning the former NSW Member of Parliament for Wagga Wagga, Mr Daryl Maguire, will start next Monday, 21 September 2020 at 10:00 am.

Public inquiry into allegations concerning former MP Daryl Maguire

1 Sep 2020

The NSW ICAC will hold a public inquiry starting Monday 21 September 2020 as part of an investigation it is conducting into allegations concerning the former NSW Member of Parliament for Wagga Wagga, Mr Daryl Maguire (Operation Keppel).

Witness Transcripts
View all public inquiry transcripts associated with this investigation. The Commission will endeavour to make transcripts available as soon as practicable. It cannot advise specific times for when transcripts will be published, due to factors including checking procedures to ensure compliance with any non-publication orders made under the ICAC Act. Users are also reminded that they may follow the proceedings in real time if a public inquiry is being live streamed.  

Filename Size KB Date pp. Time
01-11-2021 transcript 423 01/11/21 2717-2802 9.00am to 1.00pm
29-10-2021 transcript 189 29/10/21 2696-2716 2.00pm to 3.34pm
29-10-2021 transcript 292 29/10/21 2640-2695 10.00am to 1.06pm
28-10-2021 transcript 183 28/10/21 2616-2639 2.00pm to 3.07pm
28-10-2021 transcript 283 28/10/21 2567-2615 10.00am to 1.03pm
27-10-2021 transcript 368 27/10/21 2499-2566 9.30am to 1.37pm
26-10-2021 transcript 264 26/10/21 2457-2498 1.45pm to 3.37pm
26-10-2021 transcript 242 26/10/21 2415-2456 10.30am to 12.29pm
25-10-2021 transcript 261 25/10/21 2370-2414 2.00pm to 3.54pm
25-10-2021 transcript 342 25/10/21 2306-2369 10.00am to 1.02pm
22-10-2021_transcript 263 22/10/21 2263-2305 2.00pm to 4.36pm
22-10-2021 transcript 374 22/10/21 2187-2262 9.30am to 1.08pm
21-10-2021 transcript 148 21/10/21 2172-2186 1.45pm to 2.41pm
21-10-2021 transcript 355 21/10/21 2106-2171 9.30am to 12.47pm
20-10-2021 transcript 228 20/10/21 2066-2105 1.45pm to 3.26pm
20-10-2021 transcript 308 20/10/21 2012-2065 10.00am to 1.00pm
19-10-2021 transcript 182 19/10/21 1989-2011 1.45pm to 2.48pm
19-10-2021 transcript 285 19/10/21 1936-1988 10.00am to 12.44pm
18-10-2021 transcript 253 18/10/21 1892-1935 2.00pm to 3.57pm
18-10-2021 transcript 264 18/10/21 1844-1891 10.00am to 1.09pm
16-10-2020 transcript 165 20/10/20 01800-01806 2.00pm to 4.37pm
16-10-2020 transcript 202 16/10/20 01733-01799 9.30am to 1.00pm
15-10-2020 transcript 24 15/10/20 01723-01732 2.00pm to 3.43pm
15-10-2020 transcript 211 15/10/20 01656-01722 10.00am to 1.13pm
14-10-202 transcript 154 14/10/20 01615-01655 2.00pm to 4.08pm
14-10-2020 transcript 240 14/10/20 01550-01614 10.00am to 12.52pm
13-10-202 transcript 66 13/10/20 01533-01549 2.00pm to 2.34pm
13-10-2020 transcript 222 13/10/20 01472-01532 10.00am to 1.06pm
12-10-2020 transcript 63 12/10/20 01438-01471 1.45pm to 3.00pm
12-10-2020 transcript 317 12/10/20 01348-01437 09.30pm to 1.11pm
09-10-2020 transcript 345 09/10/20 01256-01347 09.30am to 1.12pm
08-10-2020 transcript 119 08/10/20 01223-01255 2.00pm to 3.36pm
08-10-2020 transcript 279 08/10/20 01148-01222 10.00am to 1.11pm
07-10-2020 transcript 291 07/10/20 01071-01147 10.00am to 1.31pm
06-10-2020 transcript 217 06/10/20 01012-01070 2.00pm to 4.15pm
06-10-2020 transcript 268 06/10/20 00943-01011 10.00am to 1.05pm
02-10-2020 transcript 75 02/10/20 00925-00942 1.30pm to 2.11pm
02-10-2020 transcript 293 02/10/20 00848-00924 09.30am to 1.06pm
01-10-2020 transcript 107 01/10/20 00822-00847 2.00pm to 3.13pm
01-10-2020 transcript 211 01/10/20 00766-00821 10.00am to 1.02pm
30-09-2020 transcript 82 30/09/20 00745-00765 2.00pm to 3.10pm
30-09-2020 transcript 160 30/09/20 00701-00744 10.00am to 1.02pm
29-09-2020 transcript 195 29/09/20 00653-00700 2.00pm to 4.02pm
29-09-2020 transcript 231 29/09/20 00591-00652 10.00am to 1.02pm
28-09-2020 transcript 153 28/09/20 00555-00590 2.00pm to 3.40pm
28-09-2020 transcript 225 28/09/20 00494-00554 10.00am to 12.59pm
25-09-202 transcript 219 25/09/20 00431-00493 9.30am to 12.26pm
24-09-2020 transcript 209 24/09/20 00373-00430 2.00pm to 4.30pm
24-09-2020 transcript 245 24/09/20 00306-00372 10.00am to 1.09pm
23-09-2020 transcript 99 23/09/20 00281-00305 2.30pm to 4.01pm
23-00-2020 transcript 278 23/09/20 00204-00280 10.00am to 1.19pm
22-09-2020 transcript 162 22/09/20 00163-00203 2.00pm to 3.47pm
22-09-2020 transcript 236 22/09/20 00097-00162 10.00am to 1.00pm
21-09-2020 transcript 122 21/09/20 00064-00096 2.00pm to 3.40pm
21-09-2020 transcript 231 21/09/20 00001-00063 10.00am to 1.00pm
Exhibits
Keppel Exhibit List

 

Exhibit 531 – a suppression order applies to this exhibit.

Public notices