Complaint of professional misconduct by a CASA Employee. Specifically, an allegation of “Misfeasance in Public Office against Mr Jonathan Aleck, Executive Manager Legal, International and Regulatory Affairs.”
My name is Glen Buckley.
I am submitting an allegation of Misfeasance in Public Office against an employee of CASA. This document is divided into the following components, in support of that allegation of misfeasance.
1.
Introduction/The allegation
2.
Misfeasance in Public Office
3.
First Element-Holder of Public Office
4.
Second Element-Exercising a Public Power that was an incident of that Office
5.
Must the Public Officer owe the plaintiff a duty with respect to the exercise of power.
6.
Third Element- The Exercise of Authority must be invalid or otherwise lacking lawful authority.
7. Fourth Element- The “Bad Faith” mental Element
8.
Can the Commonwealth be vicariously liable for the misfeasance of its employees?
9.
Commonwealth liability for ministerial misfeasance?
10.
Importance of an early and vigorous assessment of an allegation of misfeasance.
11.
Damages
12.
Assisting Commonwealth Officers, other than Ministers
13.
Assisting Commonwealth Ministers
14.
Reducing the risk of misfeasance claims
15.
The need to report misfeasance issues as significant claims
16.
Preference for CASA to investigate this allegation.
17.
Considerations of Mr Aleck remaining in the role.
18.
Why would Mr Aleck target Glen Buckley
19.
Summary/conclusion
1. Introduction and the allegation
In submitting this allegation, I am submitting it as the person most affected by the conduct, actions, and decisions of CASA employee, Mr Jonathan Aleck, although I am not the only individual or entity affected by Mr Alecks deliberate and considered conduct, actions, and decisions.
This is not an allegation of oversight, innocent error, or negligence. This is an allegation of misfeasance in public office made directly against Mr Aleck, Executive Manager of Legal, International and Regulatory Affairs with the Civil Aviation Safety Authority (CASA). The CASA organisational chart can be accessed here.
About CASA | Civil Aviation Safety Authority
Mr Aleck has been with CASA since 1993 and served as the Head of the Legal Department of CASA for over two decades. He is the longest serving, and second most senior CASA Executive within CASA.
I respect that an allegation of misfeasance in public office is difficult to prove because of the burden to demonstrate that a person was making decisions not only unlawfully, but also in bad faith.
Not only is an allegation of misfeasance in public office difficult to prove, I respect that statistically it is highly unlikely to occur.
CASA has approximately 1000 employees, almost without exception, every single one of those employees walk into the workplace each day and act professionally and with good intent.
It is feasible and must be considered that just one of those 1000 employees may choose, not to enter the workplace and act professionally and with good intent on every occasion.
It is feasible that the same employee, may act professionally and with good intent on most occasions, but on selective occasions, and towards certain people, he may choose not to.
If that same Employee holds significant power, combined with ill intent, there is the potential to bring significant harm.
Any allegation should be robustly investigated, particularly in cases where so much harm has been caused, and the decision maker is the sole decision maker, and has no supporting safety case to justify his decision making.
That is my allegation. An allegation of Misfeasance in Public Office, targeted malice
I am aware of that high threshold, but I am fully satisfied that may be a highly unlikely scenario to an outsider, although the possibility must be considered, and especially if the decision makers decisions are not open to scrutiny within the organisation, and the individual wields enormous power, including the power to close businesses down as he did with mine.
Any action taken by any single Government employee alone that has such impact must be open to the highest levels of scrutiny.