Former NSW MP for Wagga Wagga – allegations concerning breach of public trust and dishonest or partial exercise of official functions (Operation Keppel)
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:
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.
Exhibit 531 – a suppression order applies to this exhibit.