10. Importance of an early and vigorous assessment of an 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. Summary/conclusion
Importance of an early and vigorous assessment of an allegation of misfeasance.
The AGS Legal Briefing identifies the importance of an early and vigorous assessment of an allegation of misfeasance. I have raised these most substantial allegations against CASAs second most senior Executive on multiple occasions over a protracted period, and in the most formal of settings. This has extended over a period of four years, and to date, CASA has initiated no investigation into this matter. My allegations have been submitted to:
1. The Senate Inquiry (contained within this document)
2. The Deputy PM of the previous LNP Government. (file held by me and available upon request)
3. The CASA Board . (file held by me and available upon request)
4. The CASA CEO . (file held by me and available upon request)
Inexplicably, and completely at odds with reasonable community expectations, CASA has not initiated any investigation into Mr Alecks conduct.
It is inconceivable to me, presumably and would be to wider community expectations, that such substantive allegations could be made against the second most senior Executive of Australia’s aviation safety regulator, and the Organisation itself is not willing, or is not capable of self-initiating an investigation into the allegations. This becomes even more concerningly inexplicable when one considers the potential to impact aviation safety if those complaints were validated, and the very formal nature of the submission of those allegations including before the Senate.
If I reflect on my own Organisation before CASA closed me down. If an individual were to raise an allegation against my second most senior manager. If that allegation was substantive, potentially involved unlawful conduct, involved techniques of bullying and intimidation, and clearly had resulted in significant harm and trauma. And if the person making those allegations against my manager, wanted to meet with me in a professional and respectful manner to discuss their complaint against that Executive. I cannot possibly imagine any scenario that I could justify refusing to meet with the individual raising those allegations, unless I was trying to “coverup” the matter.
That is precisely what I believe has occurred in this scenario. I have made multiple requests to meet with not only the CASA CEO, but the CASA Board, as well as the two previous Deputy PMs of the previous LNP Government.
Considering the potential impact on the safety of aviation if my allegations were substantiated, it would no longer be tenable for Mr Jonathan Aleck to remain in the position of Executive Manager of Legal, International, and Regulatory Affairs.
The failure by the previous Deputy PM, The CASA Board, and the CASA CEO to act on this matter necessitates me formally submitting this complaint to initiate that investigation, that CASA steadfastly refuses to self-initiate.