Two charged over Minns donations but premier won't face legal action

NSW Premier Chris Minns has not been referred for prosecution over historic donations linked to him. (ABC News: Abubakr Sajid)

Two men will be prosecuted over donations to Chris Minns's 2015 election campaign, but the NSW premier will not face any legal action himself.

The NSW Electoral Commission told a parliamentary hearing on Tuesday that former MP Ernest Wong and former Labor staffer Jonathan Yee had been charged by prosecutors and would face court on June 16.

It will be alleged they participated in a scheme to circumvent electoral funding laws.

Ernest Wong (left) has been referred for prosecution over 2015 donations linked to Chris Minns's campaign for the seat of Kogarah. (AAP: Dean Lewins)

Asked whether the NSW Electoral Commission would take action against other individuals, Commissioner Rachel McCallum said "only two" matters were being referred to prosecutors.

"We don't have any other active lines of investigation," she told upper house MPs.

Last year, an affidavit from another former Labor staffer, David Latham, was tendered to a secret hearing of a parliamentary inquiry into the premier's 2015 donations.

Jonathan Yee leaves a corruption hearing on September 30, 2019. (ABC News: Nick Dole )

In the affidavit, he alleged Mr Minns had asked him for advice about how to get unreceipted money into the 2015 campaign fund.

The premier has repeatedly denied that conversation ever took place.

The NSW election watchdog has quietly re-opened an investigation into explosive allegations that NSW Premier Chris Minns conspired to evade state donations laws.

The electoral commission said the parliamentary inquiry had provided "material relevant to the EC investigation" which had been passed on to prosecutors between March and May this year.

Asked whether the electoral commission had taken a statement from the premier as part of its investigation, Ms McCallum declined to say.

"I want to emphasise the very great importance of not going through every individual witness who has assisted the commission," she said.

A spokesperson for the premier said the donations "were received in good faith at the time, but subsequently repaid".