What will happen to Gladys Berejiklian now that she has been found corrupt? Why her job at Optus is in jeopardy

Former NSW Prime Minister Gladys Berejiklian’s senior position at Optus could come online after the state’s corruption watchdog found she committed “serious misconduct” while in office.

Ms Berejiklian was parachuted into the newly created role of Managing Director, Enterprise, Business and Institutional for the telco in February last year after she abruptly stepped down as Prime Minister in 2021.

On Thursday, the Independent Commission Against Corruption said Ms Berejiklian and former Wagga Wagga member Daryl Maguire – both of whom were in secret relationships – were guilty of ‘seriously corrupt behaviour’.

ICAC has asked prosecutors for advice on starting criminal proceedings against Ms Berejiklian’s former lover, but has indicated they will not recommend charges against her.

The report determined: ‘The Commission does not consider that it should be considered to seek the advice of the DPP in relation to the prosecution of Ms Berejiklian for any criminal offence.’

Either way, the corruption findings cast doubt on whether her position at Optus – Australia’s second-largest telco – remains tenable.

In May this year, ahead of the ICAC findings, Optus CEO Kelly Bayer Rosmarin said the company was assisting Ms Berejiklian but would reassess their position when the report was released.

Ms Bayer Rosmarin said the ICAC investigation was linked to events that happened ‘long before Gladys joined Optus’.

“We will have to look at the findings when they come out and that will be a matter for Gladys, and then we will decide if there is anything relevant for Optus,” she told the Australian Financial Review.

The company “did not expect” anything to come forward that would jeopardize its role, she added.

Former political power broker Graham Richardson, who previously defended Ms Berejiklian, said he believes she should step down from her executive job.

‘I think… she will resign. I would be very surprised if Optus keeps her,” he said on Sky News.

“There is no joy for Gladys no matter which way she looks. And I find that very sad.’

“I think Gladys Berejiklian has hit a dead end.”

ICAC said in a statement on Thursday that between 2012 and 2018 “Mr Maguire misused his office and the resources to which he had access as an MP for the benefit of G8wayInternational Pty Ltd.”

The Commission said he was “essentially a director” of the company and had made arrangements with others to share in the profits.

“Mr Maguire also failed to disclose his interest and position in G8way International or all sources of his income as he was required to do,” it added.

He also abused his MP position and role as chairman of the NSW Parliament Asia Pacific Friendship Group to further his financial interests and those of his associates, it said.

The Commission found that in 2016 and 2017, Ms Berejiklian violated public trust by exercising her official functions in relation to two government-funded construction projects that Maguire lobbied for.

The two Wagga Wagga based projects were the Australian Clay Target Association (ACTA) and the Riverina Conservatorium of Music (RCM).

“Ms. Berejiklian had chaired and/or was a member of the meetings of the Expenditure Review Committee (ERC) that approved grants,” it said.

The grants include $5.5 million for ACTA and $10 million for the refurbishment and repurposing of a new government site to make it suitable for the purpose of the RCM (RCM Stage 1).

“At the same time, Mr. Maguire and Ms. Berejiklian had an undisclosed close personal relationship.”