HAKEA, then HAKAS & HUNGIS (Christian Chadwick and the Department of Immigration)

On April 4, 2016, an email was sent to the Shire of York Administration office titled SHIRE OF YORK EMPLOYMENT POLICY  with reference to a letter MC15-280586 from the  Department of Immigration and Border Protection {SEC=UNCLASSIFIED }

The email, in the form of an external memorandum, was directed to the Deputy Chief Executive Officer, Tyhscha Cochrane, and Human Resources Officer, Gail Maziuk, informing  them of correspondence on behalf of the Minister for Immigration, Peter Dutton, regarding a Shire of York Administration employee Christian Tarou Chadwick.

Information provided by the Minister suggested that should in future, Mr Chadwick, be found guilty of another criminal offence under the Australian Criminal Code Act 1995, or otherwise fail the requirements of the character test (Section 501), he could be subject to a deportation order and be returned to his country of origin (New Zealand) under Section 501, the Migration Act, 1958. (Mr. Chadwick has since been remanded on bail on further serious criminal charges.)

It was suggested to Ms. Cochrane and Ms. Maziuk that, given their administrative positions and their knowledge of some negative incidents and circumstances involving Mr. Chadwick’s employment with the Shire of York Council Administration, they should seek to advise him of his potentially parlous position.

This, in all procedural fairness, was that given the content of letter MC15-280586, Mr. Chadwick should obtain legal advice regarding his family situation and any other pertinent facts that could give rise to the revocation of his Australian Visa and/or Permanent Resident Status should these be cancelled.

Also, in the past, apparent, supportive actions taken by certain Shire of York Administration Officers may be construed as being to the personal detriment of Mr. Chadwick placing him in the unenviable position of having his actions in his employment and as a member of the local community closely scrutinized and then adversely publicised.

It appeared that Mr. Chadwick may have assumed he could engage in unacceptable behaviour within the workplace with impunity because Shire of York Administrative Officers appeared to fail in their duty-of-care to other employees under the Occupational Safety and Health Act, 1984, the Occupational Safety and Health Care Regulations, 1996, similar obligations under Worksafe WA and the Criminal Code Amendment (Racial Vilification) Act, 2004.

In the circumstances, such support could also be exposed as serious inadequacies in the Shire of  York Administration’s knowledge, then involvement and handling of employment related issues, regarding Mr. Chadwick, as his employer, under the Acts and Regulations defined above.

Also that these employment issues, including alleged bullying, harassment and racial abuse of co-workers by Mr. Chadwick in the workplace, could be considered by the Department of Immigration as additional significant reasons under the requirements of the character test (Section 501) to have him considered for deportation.

It is not known if Ms. Cochrane or Ms. Maziuk responded to this memorandum in any manner other than the fact that the Shire of York Council was not advised.

If they did approach Mr. Chadwick with these concerns then it appears to have had little effect.

It is now understood that Mr. Chadwick may already be in serious breach of his bail conditions through being in violation of a restraining order caused by him making obscene gestures and being verbally threatening and abusive to the alleged victim(s) in the criminal case against him.

These acts are alleged to have occurred during Mr. Chadwick’s rostered working hours and he committed the alleged offence while in a Shire of York Council vehicle.

Should this be confirmed by a reliable independent witness(s) and/ or the WA Police then the Shire of Your Council will have no other option than demand that its Chief Executive Officer terminate Mr. Chadwick’s employment immediately- otherwise be seen as condoning an illegal/criminal act.

The Shire of York Council is now advised that the Director, Character Assessment and Cancellations Branch of the Department of Immigration and Border Protection forwarded information on the case of Mr. Chadwick to the relevant area of the Department for their consideration on-or –about March 10, 2016.

It can be assumed that he is on its watch & act list.

David Taylor.