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.
Summary/conclusion
Commonwealth liability for ministerial misfeasance?
The previous Deputy PMs of the LNP Government, both the Honourable Mr Michael McCormack and the Honourable Mr Barnaby Joyce were fully briefed on this matter by the Chair of the CASA Board in accordance with the Ministers Statement of Expectations of CASA. The Ministers Statement of Expectations can be accessed here. The document in its entirety is relevant to this matter, although I draw your attention specifically to 5d, which also confirms that both Deputy PMs were fully briefed. I retain extensive correspondence written to both ex-Deputy PMs over 4 years raising my substantial allegations and requesting a meeting. Both Deputy PMs chose not to provide me the opportunity to meet and submit my substantive complaint. I have received confirmation that all my correspondence was received, and that file can be provided to your Office if you deem it pertinent.
https://www.dropbox.com/s/xm7vw1flw3...02019.pdf?dl=0