MEDIA RELEASE
013.09 24 February 2009
Malu Sara tragedy: immigration official resigns
The Immigration staff member at the centre of the Queensland State
Coroner’s inquest into the loss of the Malu Sara resigned from the Department
of Immigration and Citizenship (DIAC) yesterday.
As a result, DIAC’s code of conduct investigation immediately ceased from the
date of that resignation.
The department appointed former Commonwealth Ombudsman and Special
Counsel at DLA Phillips Fox, Professor Dennis Pearce, on February 13 to
investigate possible breaches of the Australian Public Service code of conduct
by Garry Chaston following the findings of the coroner into the loss of five
lives onboard the immigration vessel, the Malu Sara.
DIAC Secretary Andrew Metcalfe said Mr Chaston had been suspended
without pay but yesterday he resigned from the department, effective
immediately.
“As a result of Mr Chaston’s resignation, the code of conduct investigation
immediately ceases from the date of effect of that resignation,” Mr Metcalfe
said.
“An investigation into whether or not a departmental employee has breached
the APS code of conduct continues to finalisation only while the person being
investigated remains an employee of the public service.
“It is worth noting that if a code of conduct investigation ends in such
circumstances, and that employee is successful in securing employment with
another APS agency at any point in future, the investigation would normally be
expected to continue.”
The decision of an APS officer to resign in such circumstances has no effect
on action other agencies or individuals may wish to take.
“The department continues to offer its deepest sympathy to all those affected
by the tragic loss of life from the Malu Sara,” Mr Metcalfe said.
Media enquiries: DIAC National Communications (02) 6264 2244
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