In the days before John Barilaro announced his plans to leave politics, emails show bureaucrats discussing changing the rules for the recruitment of new trade commissioners, then deciding the plum US role would be handled "as an internal matter".
The former NSW deputy premier was named last week as the state's new senior trade and investment commissioner (STIC) to the Americas, to be based in New York, a job which comes with a salary package topping $500,000.
Documents obtained through parliament show there was a previous round of recruitment, in which two candidates were rated very highly, yet the role was readvertised in December.
Emails in those documents reveal that in early September, Investment NSW had identified a preferred candidate and a draft contract was being prepared, with a target for them to start in October.
But on September 21, Investment NSW's general counsel wrote to the director of people and culture, saying an issue had been raised about the employment of several STIC roles under the government sector employment act.
"We are now asked to consider whether there are alternative methods that STICs could be employed," he wrote.
"Specifically, we have been asked whether there is an option for ministerial appointments."
Ten days later on October 1 — the same day Gladys Berejiklian announced she would step down as premier — the chief of staff to Investment NSW CEO Amy Brown sent another email to several colleagues.
"FYl — Amy will speak with Marianne [Broadbent from the recruitment firm], but needless to say, there are no more STICs whose appointment Investment will be involved with now — so shortlisting/panels etc are no longer needed."
Two days later, Ms Brown emailed Dr Broadbent.
"I appreciate that you'll keep this confidential, but we've now had confirmed instructions to commence the preparation of legislation to convert the global senior trade & investment commissioners to statutory officers (ie ministerial appointments)," she said.
"The Agent General for London and STIC for Tokyo will be transitioned across to the new arrangements. This means that the recruitment process for the STIC positions in Singapore, India/Middle East and China will need to be ceased, and all candidates informed that we're not going any further with the process.
"We will be handling the STIC New York position as an internal matter."
Mr Barilaro announced his intention to leave politics the next day.
The ABC sent detailed questions to both Investment NSW and Trade Minister Stuart Ayres's office asking why the department had been asked to convert the roles to ministerial appointments, and by who.
"Senior trade and investment commissioner roles are not statutory roles, they are public service roles established under the Government Sector Employment Act and regulations and they are employed by Investment NSW," an Investment NSW spokesperson said in a statement.
A NSW Government spokesperson said in a statement the Department of Premier and Cabinet would review the recruitment process.
"It is not appropriate to make further comment on the matter at this time," the statement read.
"The review will be made public as soon as it is received."
Mr Barilaro referred the ABC back to Investment NSW. The ABC has also sent questions to the former premier Gladys Berejiklian.
On Wednesday, a motion was passed in the upper house calling on the government to delay the appointment until a parliamentary inquiry into the appointment reports back in a few weeks' time.
Greens MLC Cate Faehrmann, who chairs the committee which will be inquiring into Mr Barilaro's appointment, said there were serious questions to be answered.
"This looks like there was an intervention from the top to deal with a political problem. And that was John Barilaro," she said.
"What we need to know now, though, is who within the current government knew what — what did the Premier know and what did the Treasurer know?"
That committee met on Thursday night to decide on terms of reference and hearings, but could call witnesses as early as next week.
On Thursday, Premier Dominic Perrottet announced he had asked the secretary of the Department of Premier and Cabinet to conduct a review.
"He will provide that report to me, I will review it and make it public," he said.
During question time, Mr Perrottet said it was not required that the six STIC roles be approved by cabinet, but two had gone to cabinet in error.
"It's not necessary or appropriate for such appointments to be approved by cabinet, given the positions are senior executive positions appointed by the CEO following a merit recruitment process," he said.
"Cabinet approval would have raised risks in terms of the actual or perceived non-compliance with the merit principle in the GSE Act 2013.
"Having regard to these factors, the advice we've received, Mr Speaker, is that the cabinet could not intervene in that process."
