Five issued raised from review into John Barilaro’s US trade job

The Americas trade role is one of NSW’s most prestigious public sector appointments but selecting the right person for the job has been “flawed” and “problematic”, according to a review.

Former NSW public service commissioner Graeme Head released his report into the appointment of former NSW deputy premier John Barilaro to this role.

The review was commissioned by Premier Dominic Perrottet after intense media scrutiny into Mr Barilaro’s selection and questions about whether there was any governmental interference.

Here’s some of the key findings from the review.

Amy Brown spoke with Stuart Ayres, a lot

The future of the CEO of Investment NSW, Amy Brown, looks uncertain after the review.

Mr Head recommended her employer, the Department of Premier and Cabinet, consider whether it needs to take action against her.

Mr Head found Ms Brown didn’t act in accordance with the Code of Ethics and Conduct by keeping certain information from other members of the job panel.

This included: 

• Discussions she had with the then minister for trade Stuart Ayres about the shortlist of candidates
• Arrangements she made for one of the candidates, Kimberley Cole, to meet with Mr Ayres while the selection process was still underway
• Discussions she had with Mr Ayres about the suitability of Mr Barilaro

Mr Head said it was “highly irregular” to consult with someone outside the job panel about the shortlist.

It was also revealed that Ms Brown sought the opinion of Mr Ayres about a candidate (not Mr Barilaro) who later withdrew their application.

The report noted Ms Brown had regrets about the process which she admitted was “flawed” but she insists any breach of the code was unintentional.

Ms Brown said her actions were the result of ambiguity about how she should or should not involve the relevant minister who she perceived as having a “high level of interest” in the role.

She also said her “swift promotion” meant she had less practical experience in considering the code of ethics.

The review did not suggest “impropriety” on the part of Mr Ayres, but said the process could not be characterised as at “arm’s length”.

A late application from Jenny West

Mr Head said it was also a “failure” by Ms Brown to accept a late application from senior bureaucrat Jenny West.

Ms West was offered the Americas job in August 2021 but that offer was later revoked when according to Ms West, Ms Brown said the job was going to be a “present” for someone else.

Ms West worked for Investment NSW and had managed the recruitment process for the trade jobs.

This meant she had access to progress reports and was copied in on certain emails that related to candidates for the Americas job.

Mr Head said Ms Brown had failed to consider “relevant factors” about Ms West applying, inlcuding information she would have as part of the normal course of her duties.

He said this conflict of interest was not managed in line with the Code of Ethics and Conduct.

“When Ms Brown was considering Ms West’s candidacy …it…