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
6. The need to report misfeasance issues as significant claims
You will be aware that an allegation of misfeasance in public office is classified as a “significant issue” that is to be reported to the Office of Legal Services Coordination (OLSC) of the Office of Attorney General in cases where the Government Department is classified as a “non-corporate Commonwealth Entity”. The Civil Aviation Act defines CASA as a “Body Corporate.” My understanding is that this matter does not need to be notified to that Department.
Can I respectfully request that you advise me if you choose to report this allegation to the Office of the Attorney General. My intention is to write to that Department seeking guidance on this matter if CASA is unable to accept a complaint of misfeasance in public office. Please note that I have sent a copy of this allegation to the Office of the Attorney General, as if CASA determine that they are not prepared to initiate an investigation into Mr Alecks misconduct, I will approach the attorney generals Department seeking guidance.
Guidance note 7 - Reporting and settlement of significant issues (ag.gov.au)