[Peetwo]

GlenB embuggerance update: 10/05/24

Via the AP emails:

Mandatory referral obligations NACC placed on the CASA CEO-Ms Pip Spence. 

To: Ms Pip Spence- CEO of the Civil Aviation Safety Authority (CASA)

My name is Glen Buckley.

Mr Jonathan Aleck is the Executive Manager of Legal, International and Regulatory Affairs for the Civil Aviation Safety Authority (CASA)

You are aware and have been throughout your tenure as the CEO of CASA, that I have made two allegations against CASA Employee Mr Jonathan Aleck.

I have raised allegations directly with you as the Agency Head of CASA, with Minister King, as the Minister responsible for CASA, and with my Local MP, Dr Carina Garland the Member for Chisholm.

The two allegations that I have made against Mr Aleck are.

1.      Deliberately provided false and misleading information to a Commonwealth Ombudsman investigation. I am fully satisfied that Mr Aleck is fully aware that the information provided was grossly false and misleading. It was not an act or omission; it was deliberate and considered. He provided that false and misleading information to cover up his own misconduct, and 

2.      Misfeasance in Public office, by acting with targeted malice towards me personally. 

The purpose of this correspondence.

I am fully satisfied that you have an “expert” knowledge of my allegations. I have kept you fully briefed.

My understanding of the National Anti-Corruption Commission Act 2022 legislation is that there are obligations placed on you as the Agency Head stipulating mandatory referral to the Commissioner.

My understanding is that as the Agency Head you are obliged to refer a matter to the NACC if the issue concerns the conduct of a person who is a Staff Member, and you suspect that this matter could involve corrupt conduct that is serious or systemic.

Having reviewed the legislation, I am satisfied that the corruption demonstrated by Mr Jonathan Aleck is both serious and systemic.

I am fully satisfied that Mr Jonathan Aleck the CASA Executive Manager of Legal, International, and Regulatory Affairs has demonstrated as a minimum, serious corrupt conduct and more towards severe or grave. It is clearly not negligible or trivial. I have made you aware of that.

Furthermore, I am fully satisfied that the corruption is systemic. I say that because I have been contacted by other victims of Mr Alecks misconduct. Although in this correspondence I am referring to my matter only. There is no doubt in my mind that Mr Alecks conduct is more than an isolated case. It involves a pattern of behaviour. I have been contacted by several individuals who would come forward given the suitable forum.

Because of Mr Alecks longstanding position of over 20 years, operating at the highest levels of the CASA Executive, and considering that his position is second on the CASA Organisational structure, and because of the significant power that his position entails, it is likely that if Mr Aleck is corrupt, it is likely that the impacts would  embedded in the system, as I and many in industry have observed.

 With evidence that I have obtained, I believe that his misconduct was deliberate and co-ordinated, and based on industry feedback I am confident that it is systemic.

I have carefully reviewed the legislation to arrive at that determination.

 The purpose of this correspondence is to seek a formal response from you in your role as the CEO of CASA.

I believe that there is a significant body of evidence that has been presented to you, that should cause reason for concern.

It is not reasonable that you would have full confidence in Mr Alecks integrity, unless there is some other motive.

I will be very upfront.

As the person whose family has been significantly affected by the actions and decisions of Mr Aleck, I am very concerned that you are “covering up” this matter, and affording Mr Aleck a far higher level of protection than his conduct entitles him to, or the public would expect.

At this stage that statement will not form part of my formal submission to the NACC, although you should be aware that it is a serious consideration, and your response to this correspondence will be a key determinant.

I have approached the Australian Federal Police (AFP) on this, matter, and I am satisfied that it is a matter to be considered by the NACC.

As the Agency Head, I feel you are compelled to refer this matter to the NACC. and should already have done so.

You are not meeting legislated obligations that are placed on you in that legislation

The legislation stipulates that a person who is required to refer a corruption issue must do so as soon as reasonably practicable after becoming aware of the issue.

If you have not referred the matter to the NACC, this is my formal request of you that you do so.

For complete clarity, I am making a formal request of you as the Agency Head of CASA to refer this matter of Mr Alecks misconduct to the NACC.

I have included Minister King in this correspondence because she has those same obligations in the legislation placed upon her, and I also make that request of her, if you are unwilling or unable to do so.

I have included my Local MP, Dr. Carina Garland in this correspondence because the legislation also places those same obligations on her as a Parliamentarian. My understanding is that Parliamentarians are Agency heads of their parliamentary offices and are also subject to mandatory referral obligations.

As I am pursuing this matter through an application to the NACC, it is essential that I receive a response from you in your role as the CEO of CASA.

Are you prepared to refer the matter of Mr Alecks conduct to the NACC. If you are unwilling or unable to refer this matter to the NACC, can you advise your reasons.

I can see no reason why a well-intentioned Agency Head would have any resistance to referring this significant matter to the NACC.

Your response will allow me to make a clear determination and proceed with my submission.

The Australian Federal Police referred me to the NACC, advising that the resources of the AFP are available to assist the NACC, if called upon by them.

I have spent time ensuring that I have a knowledge of the legislation regrading the NACC.

The NACC Act defines 4 types of “corrupt” conduct that a person can engage in.

1.      They are a public official, and they breach public trust.

2.      They are a public official, and they abuse their office as a public official

3.      They are a public official, and they abuse their office as a public official, and they misuse information they have gained in their capacity as public official.

4.      They do something that adversely affects a public officials honest or impartial exercise of powers or performance of official duties.

After reviewing those 4 types of corrupt conduct. I am fully satisfied Mr alecks conduct falls within the criteria of 1,2, and 3

On the criteria of “public trust” as outlined in legislation

Mr Aleck is a public official in the role of CASA Executive Manager of Legal, International and Regulatory Services, the most senior of positions, and a position that wields enormous power including the power to close down businesses.

Those powers are granted to Mr Aleck “on trust” for the Australian Public. Those significant powers that Mr Aleck holds are to be used for the purposes for which the power was granted i.e. the sfety of aviation and must not be used in the process of exercising targeted malice, or any other improper purpose.

I am fully satisfied that Mr Aleck has exercised his official power other than honestly for the purpose for which it was conferred.

On the criteria of abuse of office

I am fully satisfied Mr Aleck has engaged in both “improper acts” and “omissions. Improper acts with regards to the way that he engaged with me, and omissions with regards to the way he engaged with the Ombudsman Office.

Mr Alecks actions and decisions were deliberate and considered and caused detriment to me.

 

On the criteria of misuse of information.

Mr Aleck was the decision maker that made the decision to close my business. During the Ombudsman investigation, Mr Aleck was nominated by CASA as the person to represent the Agency and respond on  CASAs behalf.

I made multiple requests of CASA that it seemed unjust that Mr Aleck, the person I made the allegations against was the person solely responsible for providing information to the Ombudsman investigation. It seemed totally unreasonable.

Because of Mr Alecks senior position within CASA, his role as the Agency Representative, and the provider of information, Mr Aleck was afforded an unacceptable level of opportunity to misuse and access information that he had access to because of his position.

He provided false and misleading information to benefit himself by “covering up: his own misconduct, and to cause detriment to me.

My expectation of that response is that you will advise me:

1.      If you have previously referred the matter to the NACC.

2.      The date that you referred it to the NACC.

3.      If you have not referred it to the NACC, the reasons for that decision.

4.      If you have not referred the matter to the NACC, I request that you do so prior to Monday June 3rd, 2024, as I will be making my submission on Tuesday 4th June, and feel that the matter should be preempted by the Agency Head, in accordance with your legislated obligations.

Respectfully

Glen Buckley

GB says: "..Furthermore, I am fully satisfied that the corruption is systemic. I say that because I have been contacted by other victims of Mr Alecks misconduct. Although in this correspondence I am referring to my matter only. There is no doubt in my mind that Mr Alecks conduct is more than an isolated case. It involves a pattern of behaviour. I have been contacted by several individuals who would come forward given the suitable forum..."

Hmm...over the last 20+ years, think on the substantial list of individuals that have had their businesses and/or livelihoods legally embuggered by this individual??

Ok so let's kick off the list of possible corruption misdemeanors by Dr A - who can forget this one?

Reference:  ATCB & FASA beyond redemption on Pelair cover-up  

...Given the DJ 'Act of Grace' application predated the October 2015 Supp Estimates hearing by  2 years, I always wondered why it was that Senator Fawcett chose that Estimates hearing to bring the matter up, recently I discovered why?

Copy of correspondence from Senator Fawcett to Senator Mathias Cormann, Minister for Finance 10 September 2014:

This correspondence was followed by another from DF in reply to correspondence from another useless, NFI Nationals MP and former Parliamentary Secretary to the Finance Minister Michael McCormack, who Mathias had handballed the matter to:

    
Which brings me to the advice of CASA, which in hindsight truly justifies Senator Fawcett's concerns and some..  

Much like the ATSB advice, bizarrely the CASA advice was not provided by the legal services division but by another conflicted (read NX Hansard text above) senior executive officer of CASA...  :

&.. last page:

{Note: 1) Dr A has sent the letter officially from the DAS office and that he was at the time apparently the 'Acting' DAS?? 
2) Dr A acknowledges that the Finance Dept request was sent nearly two months before.
3) 12 December 2014 - Correspondence from manager legal branch Joe Rule indicates that the CASA submission would be forwarded by him within the next week. Yet the submission was ultimately addressed by Dr A - err why?}     

Good to see the good Dr has moved on from the embarrassment of the diabolical PelAir cover-up inquiry - NOT... 

See HERE for the full text of one of the most vindictive, nasty documents from IMO the true centre of evil and instigator of FASA embuggerances... 

Finally (for now) the evil Dr, not happy with dancing all over and rejecting the DJ 'Act of Grace' payment, takes offence and attempts to 'correct the record' on an incorrect inference in the former Parliamentary Secretary's rejection letter:  

  
Nasty ducker isn't he - UDB! 

Do we need any further proof on who still controls the halls of Fort Fumble?? - all in the name of good aviation safety practice of course... 

MTF I'm sure...P2