An independent review has found Stuart Ayres complied with the ministerial code of conduct in relation to the appointment of John Barilaro as trade and investment commissioner to the Americas.

The review was conducted by Bruce McClintock SC after questions arose about circumstances surrounding Mr Barilaro’s appointment.

Mr McClintock found “Mr Ayers acted honestly and in what he considered to be the public interest”  and says, “I can see no basis for the suggestion that Mr Ayres found himself in a conflict of interest in relation to the appointment of Mr Barilaro”.

Mr Ayres resigned from his position as Trade Minister on August 3 after a draft report by former public Service Commissioner Graeme Head raised questions as to whether there had been a ministerial breach by Mr Ayers.

The premier recommended an independent legal review on August 9.

Mr Head’s final report, handed down on August 16, found the recruitment process for the New York based post did not occur at arms length from Mr Ayers while he was trade minister.

Ayres ‘complied with ministerial code’

But Mr McClintock’s review, released on Monday, found that Mr Ayres complied with his obligations under the Ministerial Code of Conduct.

In an eight page report Mr McClintock said having considered the relevant documents “my legal opinion is that Mr Ayers complied with his obligations under the Ministerial Code of Conduct”.

Mr McClintock said while Mr Ayres was the responsible minister when Mr Barilaro’s appointment was announced on June 17 of this year, the person ultimately responsible for the decision was then Investment NSW CEO Amy Brown.

There is nothing in Mr Head’s reports, nor in the documents … which I have inspected that suggests that the decision to appoint Mr Barilaro was not a decision genuinely made by Ms Brown, whatever the flaws in process.

Bruce McClintock SC

He said he accepted all the findings of the Head report, except for his “reliance on the concept of ‘arms-length’.”

Mr McClintock said Mr Head’s finding that the process was not at arm’s length didn’t establish any breach of the ministerial code by Mr Ayres.

He said: “Mr Ayres was Minister for Enterprise, Investment and Trade and Ms Brown was Secretary of his department as well as being CEO of Investment NSW. In such circumstances one would expect there would be close contact daily between the two.”

He also says public officials vested with power to make decisions should be able to take into account the views of others.

“There is nothing in Mr Head’s reports, nor in the documents … which I have inspected that suggests that the decision to appoint Mr Barilaro was not a decision genuinely made by Ms Brown, whatever the flaws in process.”

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