[Peetwo]

Su_Spence 'sloppy' on perceived conflict of interest?? - 

Courtesy YouTube and RRAT Add Estimates Hansard:

(Reference from 08:40)

Senator ROBERTS: It's my last question. This brings much of the evidence that you've given to this committee into question, Ms Spence, if this is how you deal with answers that you later find are incorrect. We wouldn't even know this unless someone had trawled back through the internet archives. You have apologised; is there anything else you need to apologise for in our exchanges?

Ms Spence : No, Senator.

Senator ROBERTS: I don't see you as a credible witness with your evidence, Ms Spence.

CHAIR: What I might do, Senator Roberts, due to the hour, is this. I have kept saying all day that we have that report about behaviour—you know what it is—and you have made your point. Ms Spence, it is sloppy—

Ms Spence : Yes.

CHAIR: Let's get over it. The behaviour of politicians in this building over the last few years is pretty questionable too—but anyway! Senator Roberts, do you have further—

Senator ROBERTS: I have finished my questions, thank you, Chair.

"..You have apologised; is there anything else you need to apologise for in our exchanges?.." - On the subject of 'conflict of interest', or even 'perceived' COI, perhaps Su_Spence should be declaring her and the Board's possible COI in regards to her, the former Chair and another Board Member's joy flight with the media personality Matt Wright (aka the Croc Wrangler).

Especially given the subsequent (within months) extension of the R44 HEC Croc egg collection exemption legislative instrument and the obvious ATSB cover-up in the re-defined 'systemic' investigation, which did not include CASA surveillance and the fact that the CASA Board joy flight actually occurred...



Perhaps on an associated observation - I note that on Monday the CASA Org Chart was updated, with the known deckchair shuffles and a 'passing strange' addition to the Executive Officer ranks?? Ref- https://www.casa.gov.au/about-us/who-we-...#Structure



Hmm...incoming Campbell and Bouttell we know about. After Joe Rule's hand holding exercise at Estimates, he is now demoted back to 'Flight Standards', bizarre as he would barely know what end the smoke comes out of, so perhaps he is marking time for some 'greater role'?? - 

By far and away the most intriguing addition is that of 'Executive Officer' Aidan Bruford, who it appears is listed at the same public service level as Su_Spence?

Google indicates that Bruford is a long serving, high powered member of the Dept of Infrastructure and Transport, with his last job title being the 'Director Trade and Aviation Market Policy Section Aviation Industry Policy Branch'.
Ref: https://www.infrastructure.gov.au/infras...-insurance

There is no mention about what Bruford's essential role is with CASA??

Hmm...has Betsy delegated a Departmental minder to Su_Spence? 

MTF...P2 

[Peetwo]

Has Chair Binskin signed DAS Su_Spence death warrant??

In the course of doing some Google dumpster diving, I came across the following CASA FOI released PDF document: https://auntypru.com/wp-content/uploads/...ment-1.pdf

Report origin

This review, conducted by the Industry Complaints Commissioner, was requested by CASA Board Chair Air Chief Marshal (Retd) Mark Binskin following claims made in the media about industry engagement undertaken by the Board in Darwin in 2021.

The review considered how the Board exercises its Statement of Expectations obligation to facilitate effective interaction between CASA and the aviation industry and broader aviation community, including all related policies and arrangements.

Industry engagement is an important part of the role of the CASA Board and it is important that they can interact with industry to remain abreast of current and emerging issues, as well as potential areas of risk to aviation safety. Three specific items were part of the enquiry:

1. Actions in the lead up to, and activities during, the CASA Board meeting in Darwin in June 2021 mapped against the requirements and expectations that the Board be able to interact in a transparent manner with the aviation industry and broader aviation community to discuss and remain abreast of current and emerging issues, and potential areas of risk to aviation safety.

2. The adequacy of CASA policies and guidance relevant to Board members when transferring issues raised with them from members of the aviation industry or community to the CASA Executive, through the CEO, for appropriate consideration or action.

3. CASA’s Conflict of Interest Policy and the CASA Board Governance Arrangements when assessed against current best practice.

This was the 1st I'd heard of this Chair instigated review? The timeline of this review and subsequent Chair response is fascinating given the context of events that were happening at the same time.

To begin with the negative press (referred to):

---

9/05/23:

https://www.casa.gov.au/about-us/news-me...ing-record

The article in The Australian newspaper (CASA gave Matt Wright exemption before Chris Wilson’s fatal chopper crash, 6 May 2023) makes several statements that are incorrect and potentially misleading.

CASA routinely assesses applications for activities which are unusual or not specifically addressed in the Civil Aviation Safety Regulations. Collecting crocodile eggs in remote areas is a good example and this type of activity has been approved, with safety conditions, for more than 10 years.

CASA’s Board regularly meets in different locations around Australia as part of an ongoing program to engage with communities, local operators and CASA staff. Visiting aviation businesses to gain a deeper understanding of aviation operations is often arranged around Board meetings.

The CASA CEO and Board were not flown to the Tiwi Islands on a helicopter. As part of a familiarisation of remote air services, two members flew to Bathurst Island and return on the same afternoon on scheduled airline flights from Darwin. The tickets were purchased by CASA.

---

23/05/23:

All documents and correspondence related to the 23 June 2021 Crocodile Farms NT gift of a briefing and helicopter flight.

Freedom of Information (FOI) - 23 June 2021 Helicopter Flight

---

2/06/23: Chair Binskin commissions ICC review:

I commissioned this Review, pursuant to paragraph 2.1 of the Industry Complaints Commissioner’s Governance Arrangements, for you to examine how the CASA Board engages with industry participants, including all related policies and arrangements. The Review’s Terms of Reference noted that it was essential for the CASA Board to be able to interact in a transparent manner with the aviation industry and broader aviation community to discuss and remain abreast of current and emerging issues, and potential areas of risk to aviation safety.

---

29/06/23:

Certificate of airworthiness for VH-IDW and organisation surveillance findings.

Exemption(s) applied: s47F, s47G, s37(1)(a).

Freedom of Information (FOI) 29 June 2023 – Certificate of airworthiness for VH-IDW and organisation surveillance findings – Part 1 of 2 (PDF, 4.24 MB)

Freedom of Information (FOI) 29 June 2023 – Certificate of airworthiness for VH-IDW and organisation surveillance findings – Part 2 of 2 (PDF, 6.87 MB)

---

5/07/23:

CASA.CARRY Instruments

Exemption(s) applied: s47F, s47G.

Freedom of Information (FOI) 5 July 2023 – CASA.CARRY Instruments (PDF, 7.88 MB)

---

9/08/23:

ICC Commissioner Jonathon Hanton releases review to Chair Binskin.

---

22/08/23:

CASA.CARRY instruments to Helibrook and Northshore Holdings since 2010 (and was not released in the FOI decision of 5 July 2023).

Exemption(s) applied: S22, s47G

---

1/09/23:

Correspondence between Pip Spence, Matt Wright, Mick Burns and Michael Bridge.

Exemption(s) applied: S47F

---

12/10/23:

CASA Board Meeting where (supposedly) the Board discussed the ICC review report and 10 recommendations:

Recommendation 1

Given the contradiction this presents (mandatory non-acceptance contrasted with avoidance), it is recommended CASA’s Hospitality and Gifts Policy be amended to remove reference to avoiding lobbyist gifts to ensure the intent of never accepting gifts from lobbyists is captured.

---

Recommendation 2

It is recommended that CASA consider whether the Hospitality and Gifts Policy should specify whether the reference to lobbyists is as defined by the Lobbying Code, or any lobbyists (including in-house lobbyists).

---

Recommendation 3

It is recommended that all current Board members’ Material Personal Interest declarations be reviewed to confirm they meaningfully set out the nature and extent of interest relevant to CASA’s affairs.

---

Recommendation 4

It is recommended that guidance be developed and incorporated into the Board Governance Arrangements addressing the tension for Board members between their obligation to facilitate effective interaction and co-operation between CASA and industry while also avoiding perceived conflicts of interest arising.

---

Recommendation 5

It is recommended that section 4 of the Board Governance Arrangements be amended to set out the existing process by which industry events and visits are arranged, and to note that meetings should periodically be held in Regional Offices to provide CASA staff and local industry participants with exposure to the Board given this appears to be an ancillary purpose of holding meetings in regional locations.

---

Recommendation 6

There is no express requirement in paragraph 4.8.2 of the Board Governance Arrangements that site visits be recorded in Board minutes. However, it would enhance protections against Conflict of Interest if that was the case, and it is therefore recommended that the Minutes or the Board’s meeting communiques note any site or industry visits taken during regional Board meetings

---

Recommendation 7

That being the case, to enhance both the perceptions that the conflict-of-interest policies and procedures applying to the Board are robust and to ensure compliance with the Archives Act, it is recommended that CASA Board members only use CASA email accounts when conducting official CASA business, including when conducting interactions with industry representatives as a CASA Board member.

---

Recommendation 8

Recognising, however, that this may prove to be impractical with how Board members conduct their business among their various other commitments, in the alternative it is recommended that paragraph 2.4.5 of the CASA Board Governance Arrangements be amended to stipulate Members conducting interactions with industry representatives must advise the Chair that they will use personal email accounts and ensure that they include the Director of Aviation Safety and the Board Secretary in all correspondence related to CASA business.

---

Recommendation 9

It is recommended the Board consider whether further review or amendments to the Board Governance Arrangements are required.

---

Recommendation 10

It is also recommended that CASA obtain external legal advice that definitively sets out when emails from Board members’ non-CASA email addresses are captured by the Freedom of Information Act.

(P2 comment: I note that in the Chair's summary of the 12 October Board meeting there is no mention of the Board's consideration of the ICC review: https://www.casa.gov.au/about-us/who-we-...tober-2023)

---

23/10/23:

Senate Supp Estimates, where CASA DAS didn't declare the existence of or table the ICC report.

---

1/11/23:

Chair Binskin review response correspondence to ICC Jonathon Hanton.

---

22/11/23:

ATSB Croc-o-shite report released

(Despite being a systemic investigation, there was no mention about the CASA Board COI review, that was originally instigated due to the CASA Board flight with Matt Wright on behalf of the operator Helibrook.)

---

7/12/23:

CASA Board Meeting: https://www.casa.gov.au/about-us/who-we-...#undefined

(Again no mention about the ICC review and/or the Board response to that review)

---

19/01/24:

A copy of CASA’s submission to the Australian Transport Safety Bureau in response to its draft Transport Safety Report about Aviation Occurrence Investigation AO-2022-009.

Exemption(s) applied: S38

&..

All correspondence between past and present board members related to human external cargo operations (HEC) and/or crocodile egg collecting.

Exemption(s) applied: s22, s47F, s47

---

12/02/24:

Additional Estimates where Senator Roberts brought up Board COI issues:

Senator ROBERTS: In the May 2022 Senate estimates your evidence was that all gifts and benefits were listed on your website under the gifts and benefits register. That wasn't true, was it?

Ms Spence : I thought that they all were on the list. I haven't deliberately misled the committee. If something wasn't included, I apologise. But everything is certainly on the register now.

Senator ROBERTS: Now?

Ms Spence : And has been for some time.

Senator ROBERTS: If you put it on the register, that means you think it was a gift. But you told me it wasn't a gift.

Mr Marcelja : We were pretty clear in our written response that those memberships predated people joining CASA. We clarified that.

Senator ROBERTS: I'll get to that. That's clarified in your opinion, but it doesn't clarify it so far as the Public Service Association is concerned. Senior members of the aviation regulator had been given access to exclusive airline clubs that aren't available to the public, and this was kept a secret from Australians. Yet you maintain that this doesn't create even a potential conflict of interest.

Ms Spence : I don't accept the premise that it was kept a secret.

Senator ROBERTS: We'll get to that one too. This explanation from the Australian Public Service Commission is very important:

… Public confidence in APS agencies and the APS more broadly can be damaged when gifts and benefits that create a conflict of interest are accepted or not properly declared. The appearance of a conflict can be just as damaging to public confidence in public administration as a conflict which gives rise to a concern based on objective facts.

Having gifted access to exclusive aviation lounges is obviously a conflict of interest when you are the aviation regulator—the aviation regulator.

Ms Spence : No, we're the aviation safety regulator.

Senator ROBERTS: This is regardless of whether the benefit predates the official's employment, and this was not declared.

Ms Spence : I genuinely don't recall us not being on the register—of me having Chairman's Lounge and Virgin Beyond lounge membership. When I was in the department and first received those invitations to join those, it's always been something that I've declared in any of my potential conflicts of interest. Notwithstanding that, I genuinely don't believe it creates a conflict of interest.

Senator ROBERTS: Let me continue. It's very concerning to me that you try to tell this committee that all benefits were declared on the gift register at a time they clearly were not. You made no mention of the fact that you had updated the register with these gifts—

Mr Marcelja : Senator, we—

Senator ROBERTS: Mr Marcelja, I'm trying to talk!

Ms Spence : Just—

Senator ROBERTS: You just quietly updated the webpage and tried to act like those things had been there properly for the entire time, and that's not the case, is it? The gifts weren't on the register at the time you gave evidence to this committee that they were.

Ms Spence : Senator, I'll have to take that on notice. I genuinely thought that they were always on the register. If they weren't, they're certainly on there now and it has never been a secret that I've had those lounge memberships.

Senator ROBERTS: Ms Spence, it seems that it's contemptuous of this committee for you to try and just quietly update this information in the secretive manner that you have. Why not alert the committee that the previous evidence was incorrect and issue a clarification, which is what most honest public servants do?

Ms Spence : As we said in our response to your question, nothing was declared on the CASA gifts and benefits register as no lounge access had actually been provided to CASA executives or board members as a result of their roles in CASA.

Senator ROBERTS: That's a furphy, Ms Spence! They have done—

Ms Spence : It's not a furphy, Senator!

Senator ROBERTS: You're making out that they had them before they joined CASA.

Ms Spence : They did—I did.

Senator ROBERTS: They still have them—

Ms Spence : Yes.

Senator ROBERTS: and they weren't declared. Then, when you updated it to declare them, you didn't advise the committee. You just did it quietly.

Ms Spence : I'm genuinely sorry that you feel that I've misled the committee—

Senator ROBERTS: It isn't my feelings that matter! It's the facts that matter—

Ms Spence : Well, I apologise to the committee unreservedly, but there was never any intention to mislead. As I said, the issue, as far as I can recall, was because you list things as they're provided to you, and because they were already in the possession of myself and some of our board members prior to them actually being on the board they must not have been listed originally. They're on there now, and I have nothing else I can say.

CHAIR: Senator Roberts, does this—

Senator ROBERTS: It's my last question. This brings much of the evidence that you've given to this committee into question, Ms Spence, if this is how you deal with answers that you later find are incorrect. We wouldn't even know this unless someone had trawled back through the internet archives. You have apologised; is there anything else you need to apologise for in our exchanges?

Ms Spence : No, Senator.

Senator ROBERTS: I don't see you as a credible witness with your evidence, Ms Spence.

 

(Despite the line of questioning and the possible kudos that would have possibly afforded her, Su_Spence still does not declare the existence of the ICC review report??)

---

1/03/24:

CASA FOI PDF released document titled "icc-review-casa-board-engagement" created and then modified 5/03/24.

(FOI document yet to be listed on CASA FOI disclosure log??)

---

MTF...P2 

[Peetwo]

Croc-o-shite cover-up report, the gift that keeps on giving -   

Via the other Aunty:

NT bush pilot Michael Burbidge fined for destroying Chris 'Willow' Wilson's phone after fatal helicopter crash

By Oliver Chaseling and Alicia Perera

The court heard Michael Burbidge destroyed Netflix star Chris "Willow" Wilson's phone after the crash.(ABC News: Max Rowley)

• In short: Michael Burbidge has been sentenced for destroying evidence after a chopper crash that killed Netflix star Chris "Willow" Wilson
  
• Mr Wilson died when the helicopter crashed in West Arnhem Land in February 2022 during a crocodile egg-collecting mission
  
• Judge Tanya Fong Lim fined Burbidge $15,000, saying the sentence was intended to send a "very strong message"
  

Bush pilot Michael Keith Burbidge has been fined $15,000 for destruction of evidence, for disposing of the phone of Chris "Willow" Wilson following the Netflix star's death in a helicopter crash in 2022.

It comes as more details about the aftermath of the crash have been made public for the first time.

Mr Wilson, 34, died on February 28, 2022 when the Robinson R44 helicopter he was travelling in crashed during a saltwater crocodile egg-collecting mission in West Arnhem Land in the remote Northern Territory.

An Australian Transport Safety Bureau (ATSB) report on the incident, released last year, found the chopper likely crashed because of fuel exhaustion.

Burbidge, 45, who pleaded guilty to one count of destroying evidence in December, appeared in the Darwin Local Court on Friday for sentencing submissions.

In a surprise appearance, one of his co-accused, Matt Wright — Mr Wilson's co-star on National Geographic television series Outback Wrangler and Netflix show Wild Croc Territory — was also present in the courtroom, alongside Burbidge's wife and a group of supporters.


Matt Wright was also present in the courtroom.(ABC News: Max Rowley)

Crash aftermath details made public

In a statement of agreed facts made available to the media for the first time, it was revealed Burbidge was piloting another helicopter on the same crocodile egg-collecting mission as Mr Wilson and Mr Robinson on February 28, 2022 , in the remote area of King River.

When Burbidge had not had any radio communication with Mr Robinson and Mr Wilson, who were both "close personal friends", he became concerned and started searching for their helicopter.

"At approximately 10.36am the defendant located the wreckage of [the pair's helicopter] VH-IDW," the statement of facts said.

"The defendant landed his aircraft and observed Wilson to be deceased and Robinson with serious injuries."


The Robinson R44 helicopter crashed during a saltwater crocodile egg-collecting mission.(Supplied: CareFlight)

The document said after Burbidge gave first aid to Mr Robinson and called CareFlight and police, three other men — businessman Michael Burns and Burbidge's two co-accused, Mr Wright and former NT police officer Neil Mellon — arrived at the scene.

It also said Mr Mellon unzipped Mr Wilson's vest and removed his mobile phone

"At this time Mellon heard the defendant say words to the effect of 'Danni [Wilson's wife] does not need to see what's on that phone'," the statement of facts said.

"Burns also confirmed Burbidge's assertion that the phone contained information that the deceased's wife would not like to know."

Burbidge then destroyed the phone, with the court finding he had the presence of mind to know it may have been of use to investigators.

The contents of the phone remain unknown.


Chris "Willow" Wilson was killed in the crash.(Supplied)

"The defendant acknowledges that the phone may have been required as evidence in subsequent investigations but was motivated to protect the reputation of the deceased and protect the deceased's wife," the document said.

Sentence intended to send a 'very strong message'

Crown prosecutor Steve Ledek told the Darwin Local Court that when destroying the phone, Burbidge would have been aware of its potential use to crash investigators.

"He knew the phone could've held the answers to why his best friend was deceased," he said.

"Nobody can say for certain what was on that phone. Nobody can say for certain what it could've proved."


Mr Ledek also said there was no evidence to prove the data on Mr Wilson's phone could have caused him or his widow reputational damage.

"We don't have it, to be able to prove or disprove that notion," he said.


The court heard Michael Burbidge had apologised to Mr Wilson's family, and admitted destroying the phone was "error of judgement".(ABC News: Max Rowley)

Burbidge's defence lawyer Matthew Johnson said his client's conduct was "an error of judgement that occurred in a very long, stressful and emotionally taxing day".

"He was not responsible for the crash. He was not responsible for the injuries of Mr Robinson and the death of Mr Wilson," he said.

"Everything he did that day, up until [destroying the phone] was motivated to help others."

He also read a statement on behalf of Burbidge apologising to Mr Wilson's family, and said his client had received a letter from the family accepting his apology.


The court heard there was no evidence that data on Mr Wilson's phone would have caused him or his wife reputational damage.(Supplied)

In handing down her sentence, Judge Tanya Fong Lim questioned Burbidge's motivation for destroying the phone.

"Mr Burbidge claims he destroyed the phone out of loyalty to his dead friend, in an attempt to protect his reputation and to protect his widow, from whatever was on that phone," she said.

"There's nothing in the agreed facts that confirms what was contained on the phone, which Mr Wilson needed protection from."


Judge Fong Lim said a prison sentence was not needed because Burbidge was genuinely remorseful, of good character, posed no threat to the community and did not need assistance in rehabilitation.



However, she said the sentence of a $15,000 fine was intended to send a "very strong message" because "such offending goes to the core of the administration of justice, and cannot be condoned in this court".

Judge Fong Lim said the sentence did not place any responsibility for the crash on Burbidge.

Burbidge is the first of three men charged over the aftermath of the crash to be sentenced.

Mr Mellon has pleaded guilty to a charge of destroying evidence and will return to court for submissions and sentencing.


Neil Mellon, left, has also been charged in relation to the crash aftermath.(ABC News: Ian Redfearn)

Mr Wright has been committed to stand trial in the NT Supreme Court on a charge of attempting to pervert the course of justice.

He was not present at the time of the crash and has strenuously denied all allegations.

MTF...P2

PS: Still no record of the ICC review document released under FOI? Wonder who it was that put in the submission for FOI docs?

PPS: Not related but I would be very interested to see the docs released under this FOI request?

19 January 2024 - Current Air Operators Certificate and Foreign Air Transport Air Operators Certificate for Coulson Aviation (Australia) Pty Ltd and surveillance reports concerning Coulson Aviation (Australia) Pty Ltd.

Exemption(s) applied: s22, s47F, s47G

[Peetwo]

Su_Spence AQON? - 


Reference from Senate Estimates thread Budget Estimates 2024-25 Program; & AQON update?? - 

Program link: https://auntypru.com/wp-content/uploads/...5/RRAT.pdf

CASA:

96. CASA - Position of FAA and New Zealand regarding operational testing .pdf

Senator David Fawcett asked:

Senator FAWCETT: I accept what you are saying and I welcome that—a good strong
process—but I want to go back to the basis of principle. The whole discussion started with
the fact that you believed that the operational test was a valid way to move forward as a
third level of testing. Both you, I believe, and Dr Manderson made the comment that,
should a pilot pass that operational test without any issues, they would be issued an
aviation medical certificate without condition, note, restriction, endorsement et cetera. Is
that still your principled position that you are seeking to find the evidence to work towards?

Ms Spence: We are working our way through that, and it will be the basis for a discussion
paper, as Mr Marcelja mentioned. That is the intention. I don't think we have moved away
from that, but we just need to make sure that we can actually turn the principle into a
deliverable outcome.

Senator FAWCETT: You have highlighted in the evidence you have provided that there has
been close dialogue with both the New Zealanders and the FAA. Have they indicated that
they will change their position if you don't believe that you can reach that point?

Ms Spence: I think our issue is more around how we come up with a repeatable test. At this
stage, we haven't had any conversations with the FAA or New Zealand to suggest that they
would move away from their positions. But, again, we can take on notice if there has been
any feedback along those lines.

Answer:

The Civil Aviation Safety Authority (CASA) is not aware of any intention from the United
States of America Federal Aviation Administration or the Civil Aviation Authority of New
Zealand to review their administration of pilots with colour vision deficiency based on the
work currently underway by CASA.

I guess that was the obvious answer - Why would either the FAA or CAANZ want to revisit their testing regimes for CVD pilots, when they have the science and medical standard, including an OCVT, sorted out years ago?? 

Refer FAA link - HERE

D. Specialized Operational Medical Tests for Applicants Who Do Not Meet the Standard.
Applicants who fail the color vision screening test as listed, but desire an airman medical certificate without the color vision limitation, may be given, upon request, an opportunity to take and pass additional operational color perception tests. If the airman passes the operational color vision perception test(s), then he/she will be issued a Letter of Evidence (LOE).

• The operational tests are determined by the class of medical certificate requested. The request should be in writing and directed to AMCD or RFS. See NOTE for description of the operational color perception tests.
  
• Applicants for a third-class medical certificate need only take the Operational Color Vision Test (OCVT).
  
• The applicant is permitted to take the OCVT only once during the day. If the applicant fails, he/she may request to take the OCVT at night. If the applicant elects to take the OCVT at night, he/she may take it only once.
  
• For an upgrade to first- or second-class medical certificate, the applicant must first pass the OCVT during daylight and then pass the color vision Medical Flight Test (MFT). If the applicant fails the OCVT during the day, he/she will not be allowed to apply for an upgrade to First- or Second-Class certificate. If the applicant fails the color vision MFT, he/she is not permitted to upgrade to first- or second-class certificate.
  

97. CASA - Air incidents .pdf
99. CASA - Lounge memberships reported on the gift register .pdf
100. CASA - Issues formally addressed with Airservices Australia .pdf
101. CASA - Number of air traffic controllers licensed by CASA.pdf
145. CASA - Piston engine aircraft using leaded fuel at Brisbane and Archerfield airports.pdf
146. CASA - Technical Staff Numbers.pdf

Senator Janet Rice asked:

• Please provide, in table form, an annual breakdown of technical staff employed by CASA
from 2010 onwards.
• Could the breakdown please also include numbers of specific types of technical staff,
such as flight operations inspectors and airworthiness inspectors.

Answer:
An annual breakdown of the Civil Aviation Safety Authority (CASA) workforce by aviation
technical classification for the period 2010-2023 is shown in Table 1 below. Organisational
alignment to move administration functions out of the technical division has occurred,
which has resulted in fewer total staff numbers, but maintains the functional and technical
deliverables.

147. CASA - Lowering of medical requirements for pilots.pdf
254. CASA - Evidence of higher risk of myocarditis from COVID infection.pdf

MTF...P2 

[Peetwo]

CASA Board conflict of interest with Croc-o-shite report? -   

Courtesy Kristin Shorten, via The Nightly:

CASA Board members’ dealings with NT crocodile egg industry probed after fatal Outback Wrangler chopper crash

Kristin Shorten
THE NIGHTLY
9 MIN READ
23 MAY, 2024


An investigation into how CASA’s Board engaged with crocodile egg-collecting operators before the fatal Outback Wrangler chopper crash has revealed exactly what went on in the years before Chris Wilson’s death. Credit: CareFlight

An investigation into how the Civil Aviation Safety Authority’s Board engages with industry and manages conflicts of interest — commissioned in the wake of the fatal Outback Wrangler chopper crash — has laid bare the crocodile egg collecting industry’s “lobbying activities” in the lead-up to Chris Wilson’s death.

The internal review, obtained by The Nightly under the Freedom of Information Act, cleared Board members of having any “actual or potential conflicts of interest” but found it would be open to a third party “on the available evidence to reasonably form the view” that there was a perceived conflict of interest between a former CASA Board member and his associates in the lucrative crocodile egg collecting industry.

This “perceived conflict” came to light after Wilson — who starred on reality television shows including Outback Wrangler and Wild Croc Territory — was killed when the helicopter he was slinging beneath crashed in a remote part of West Arnhem Land during a crocodile egg-collecting mission in February 2022.

The destroyed Robinson R44 Raven II was owned and operated by Matt Wright’s company Helibrook and contracted to Mick Burns’ company Wildlife Harvesting NT.

Helibrook was operating under a CASA instrument — which allowed it to sling a person beneath their piston engine-powered choppers for the purpose of crocodile egg collecting — at the time it crashed.

This instrument was an exemption to new flight rules — Part 138 of the Civil Aviation Safety Regulations — that stipulated Human External Cargo operations, including crocodile egg collecting, could only be performed with the safer and more expensive turbine engine-powered helicopters.

About eight months before the fatal crash — in June 2021 — CASA Board member Michael Bridge facilitated a meeting in Darwin between the aviation safety regulator’s new Chief Executive Officer Pip Spence and Mr Burns so that the Top End’s ‘crocodile king’ could share his concerns about the impending new Part 138 regulations.

Mr Bridge also arranged for celebrity croc-wrangler Wright to take Ms Spence, who is also Director of Aviation Safety, and two Board members on an hour-long chopper flight around Darwin to show them the scale of Mr Burns’ croc farming operations.

The briefing and flight was arranged to coincide with a CASA Board meeting in Darwin.

At the time of the CASA Board’s visit, Mr Burns had an application for a Supplementary Type Certificate for a Human External Cargo hook to be fitted to a Robinson R44 — for the purpose of crocodile egg collecting with a sling person — under consideration.


Chopper crash victim Chris 'Willow' Wilson. Credit: Supplied

Mr Hanton’s report references dozens of emails and details numerous occasions on which Mr Bridge raised issues, on behalf of Mr Burns, with senior CASA managers and executives in writing.

“It is, therefore, open to conclude that the purpose of the meeting on 23 June 2021 was to allow the Crocodile Farmers Association of the NT (or its members) to communicate with CASA in an effort to influence decision-making on the making or amending of Part 138 of the CASR. This meets the definition of lobbying activities,” he wrote.

“The entity hosting CASA has been described as both CFANT and the NT light helicopter industry or operators.

“It appears from the available information that the purpose of the visit was to highlight issues with the implementation of Part 138 on the crocodile egg collection.”

Mr Bridge told the ICC that CFANT was not a CASA-regulated entity.

“Mr Bridge said the original intention was to get a number of NT light helicopter operators together to discuss the implications of Part 138, but it was later decided it would be more beneficial if the briefing was at an industry level rather than with the operators given the different ways each would be impacted,” Mr Hanton reported.

“Irrespective of whether CASA was hosted by CFANT or NT light helicopter operators, the purpose of the visit was to attempt to make representations to CASA about Part 138.”

Mr Hanton said there was no evidence of any actual or potential conflicts of interest on the part of Board members in the lead-up to, during or after the June 2021 Board meeting in Darwin.

“There is no guidance for Board members on how they should facilitate effective interaction between industry and CASA while at the same time avoiding perceived conflicts of interest,” he wrote.

“This is problematic in that … there is a very real risk that a third party could reasonably form the view that a Board member’s facilitation or encouragement has created an advantage or benefit for the industry or industry participant.

“The background to the CASA Board meeting in Darwin in June 2021 highlights this tension.”

The ICC found, based on how the relevant correspondence reads, it was open to reasonably form the view that Mr Bridge “has a close association with (Mr Burns)” which could have influenced the performance of his duties and responsibilities, constituting a perceived conflict of interest.

And that it was reasonable to form that view when considering certain incidents in conjunction or as a series of events.

“During Mr Bridge’s first week as a Board member, he raised issues with Mr Carmody as CEO/DAS CASA on behalf of (Mr Burns),” the report said.

“Mr Bridge made subsequent approaches to each DAS (or acting DAS in the case of Mr Crawford) in 2019, 2020 and 2021.

“Mr Bridge’s email exchange with Mr Carmody on behalf of crocodile egg collecting operators in February 2020 could be interpreted as implying an awareness that he should not be involved in escalating the operators’ concerns to CASA.”


Chopper crash victim Chris 'Willow' Wilson and his wife Danielle. Credit: Supplied

Mr Bridge told the ICC he had “not wanted to be in the middle” of communications between CASA and industry participants, and that he had expected issues – once raised at the appropriate level – to be handled by those parties.

“While Mr Bridge recognised that it was not appropriate for the Board to be involved in day-to-day operational matters or to have any say in any specific approvals … on 26 November 2019 he requested CASA look at granting operators the same approvals they had been issued the last two crocodile egg seasons,” Mr Hanton wrote.

“In his email to (Mr Burns) dated 26 May 2021, Mr Bridge appears to draw a connection between his remaining tenure on CASA’s Board expiring; the impending introduction of Part 138; and those involved in crocodile egg collection’s concerns with the requirements of Part 138.”

The probe found that Mr Bridge’s Standing Notice of Material Personal Interests, filled out when he was appointed to the CASA Board in 2018, was incomplete.

“Having spent 30+ years in the aviation industry I have a very wide network of friends and associates who deal with CASA regularly,” Mr Bridge wrote. But the next question – asking about the nature and extent of his interests – was left blank.

“On that basis, it can be said any connection Mr Bridge had with [Burns](and helicopter operators involved in crocodile egg collection) has been declared,” Mr Hanton wrote.

“The Standing Notice does not, however, meet the requirements … in that it does not include any details of the nature and extent of any interest and how the interest relates to CASA’s affairs.

“It is recommended that all current Board members’ Material Personal Interest declarations be reviewed to confirm they meaningfully set out the nature and extent of interest relevant to CASA’s affairs.”


Outback Wrangler Matt Wright and pilot Michael Burbidge were charged in relation to the investigation into the fatal Northern Territory chopper crash that killed Chris Wilson in February 2022. Credit: Unknown/Facebook

The ICC found there was no evidence to conclude that Mr Bridge had an actual or potential conflict of interest.

“It would be open to a third party on the available evidence to reasonably form the view that there was a perceived conflict of interest between Mr Bridge and members of the crocodile egg collection industry,” he wrote.

“Because any conflict was perceived (rather than actual or potential), there was no evidence of improper influence in the performance of his duties.

“There is no evidence to conclude that the issuing of approvals to operators involved in crocodile egg collection was influenced by Board members or members of CASA’s Executive Management.”

A statement on CASA’s website says that all of the ICC’s recommendations have since been implemented.

“The changes will help all current and future Board members understand their responsibilities and obligations while ensuring they can continue to engage with industry within clear and acceptable boundaries,” it said.

“The review acknowledged that CASA’s gifts and hospitality policy largely accorded with best practice and its conflict-of-interest policies largely mirrored the best practice guidelines of the Australian Public Service Commission.

“However, it recommended tightening the policy’s language to make it clearer that gifts should never be accepted from lobbyists.

“Other recommendations included a review of how CASA defines lobbyists and the development of guidance on the tension between the Board members’ obligation to avoid perceived conflict of interest with their responsibility to foster industry engagement.

“The changes reflect industry and government best practice for managing conflicts of interest and accepting gifts and hospitality, as well as arrangements for industry engagement.”

MTF...P2 

[Peetwo]

Duck Pilot - UP POST OF THE WEEK!!

In regards to the above article, Duck Pilot smashes it out of the park...

Via the UP:

Duck Pilot

If there wasn’t a conflict of interest in this, I’ll walk naked through Myer’s!

Talk about egg on CASA’s face, all because they simply do not have any idea on how to consult with industry.

I’m not taking sides, however the accident currently under investigation may never have happened if CASA would have provided better consultation and effective surveillance on the operator, opposed to bull****ting around with inefficient crap relating to risk management.

Sadly CASA employs good people with great experience, and most of them get totally frustrated with the bureaucracy and go back to industry after a few years in the job.

Lots of lessons to be learn’t from this tragic accident, and some of the things that have been reported against the operator have been common practice within the industry for years both in rotary wing and fixed wing. I’ve worked for some dodgy outfits and got sacked for speaking up on at least two occasions - Falcon Airlines and Tasair. I reported my concerns to CASA at the time and I was intimidated and ignored, then many years later I decided to join CASA in an effort to kill the poison, it didn’t work however the experience and knowledge gained was great as it’s given me great opportunities.

I’ve since had dealings with CASA after leaving the place and nothing has changed. I’ve got a clanger of an email on file from the current CEO to me that demonstrates her shear incompetence, relating to the regulation reform specific to the implementation of an SMS for Part 135 operators. Some puppet within had obviously drafted the crap and she had signed on it and forwarded it to me. It will be framed and put in my man cave when I retire with a few other gems mostly related to funny **** that I’ve collected over the years in PNG.

Senator Rice Written QON 145 - AQON:

Senator Janet Rice asked:

• General Aviation Maintenance (GAM) Group operates a Turbo Commander, a Grand
Commander AC680, and Shrike Commander AC500S. Are these planes allowed to
operate on a daily basis in Austtalia over heavily populated areas?
• Please provide the total number of aircraft using leaded fuel flying over Brisbane.
• How many piston engine aircraft using leaded fuel have used Brisbane and Archerfield
airport in the last 12 months? Please issue a table with a weekly breakdown of numbers,
movements, plane type, age, operator, and destination for the last 12 months.

Answer:

There are no restrictions for flight over heavily populated areas of Australia for the Turbo
Commander, Grand Commander AC680 and the Shrike Commander AC500S.
The Civil Aviation Safety Authority (CASA) does not and is not required to keep information
about the movements of aircraft and their fuel type.
Leaded fuel (Avgas 100LL) is used by most piston-powered aircraft in Australia (with some
exceptions). There are 12,104 piston-powered aircraft currently registered in Australia.
CASA does not have information on the activity and movements of individual aircraft.

Are the Greens really that ignorant of the fact that the majority of GA piston engine aircraft run on 100LL avgas? Ignorant or otherwise does this spell the death knell for GA operators using piston engine aircraft out of the major city secondary airports?

MTF...P2

[Peetwo]

CASA Board conflict of interest with Croc-o-shite report? -   

Courtesy Kristin Shorten, via The Nightly:

CASA Board members’ dealings with NT crocodile egg industry probed after fatal Outback Wrangler chopper crash

Kristin Shorten
THE NIGHTLY
9 MIN READ
23 MAY, 2024


An investigation into how CASA’s Board engaged with crocodile egg-collecting operators before the fatal Outback Wrangler chopper crash has revealed exactly what went on in the years before Chris Wilson’s death. Credit: CareFlight

An investigation into how the Civil Aviation Safety Authority’s Board engages with industry and manages conflicts of interest — commissioned in the wake of the fatal Outback Wrangler chopper crash — has laid bare the crocodile egg collecting industry’s “lobbying activities” in the lead-up to Chris Wilson’s death.

The internal review, obtained by The Nightly under the Freedom of Information Act, cleared Board members of having any “actual or potential conflicts of interest” but found it would be open to a third party “on the available evidence to reasonably form the view” that there was a perceived conflict of interest between a former CASA Board member and his associates in the lucrative crocodile egg collecting industry.

This “perceived conflict” came to light after Wilson — who starred on reality television shows including Outback Wrangler and Wild Croc Territory — was killed when the helicopter he was slinging beneath crashed in a remote part of West Arnhem Land during a crocodile egg-collecting mission in February 2022.

The destroyed Robinson R44 Raven II was owned and operated by Matt Wright’s company Helibrook and contracted to Mick Burns’ company Wildlife Harvesting NT.

Helibrook was operating under a CASA instrument — which allowed it to sling a person beneath their piston engine-powered choppers for the purpose of crocodile egg collecting — at the time it crashed.

This instrument was an exemption to new flight rules — Part 138 of the Civil Aviation Safety Regulations — that stipulated Human External Cargo operations, including crocodile egg collecting, could only be performed with the safer and more expensive turbine engine-powered helicopters.

About eight months before the fatal crash — in June 2021 — CASA Board member Michael Bridge facilitated a meeting in Darwin between the aviation safety regulator’s new Chief Executive Officer Pip Spence and Mr Burns so that the Top End’s ‘crocodile king’ could share his concerns about the impending new Part 138 regulations.

Mr Bridge also arranged for celebrity croc-wrangler Wright to take Ms Spence, who is also Director of Aviation Safety, and two Board members on an hour-long chopper flight around Darwin to show them the scale of Mr Burns’ croc farming operations.

The briefing and flight was arranged to coincide with a CASA Board meeting in Darwin.

At the time of the CASA Board’s visit, Mr Burns had an application for a Supplementary Type Certificate for a Human External Cargo hook to be fitted to a Robinson R44 — for the purpose of crocodile egg collecting with a sling person — under consideration.


Chopper crash victim Chris 'Willow' Wilson. Credit: Supplied

Mr Hanton’s report references dozens of emails and details numerous occasions on which Mr Bridge raised issues, on behalf of Mr Burns, with senior CASA managers and executives in writing.

“It is, therefore, open to conclude that the purpose of the meeting on 23 June 2021 was to allow the Crocodile Farmers Association of the NT (or its members) to communicate with CASA in an effort to influence decision-making on the making or amending of Part 138 of the CASR. This meets the definition of lobbying activities,” he wrote.

“The entity hosting CASA has been described as both CFANT and the NT light helicopter industry or operators.

“It appears from the available information that the purpose of the visit was to highlight issues with the implementation of Part 138 on the crocodile egg collection.”

Mr Bridge told the ICC that CFANT was not a CASA-regulated entity.

“Mr Bridge said the original intention was to get a number of NT light helicopter operators together to discuss the implications of Part 138, but it was later decided it would be more beneficial if the briefing was at an industry level rather than with the operators given the different ways each would be impacted,” Mr Hanton reported.

“Irrespective of whether CASA was hosted by CFANT or NT light helicopter operators, the purpose of the visit was to attempt to make representations to CASA about Part 138.”

Mr Hanton said there was no evidence of any actual or potential conflicts of interest on the part of Board members in the lead-up to, during or after the June 2021 Board meeting in Darwin.

“There is no guidance for Board members on how they should facilitate effective interaction between industry and CASA while at the same time avoiding perceived conflicts of interest,” he wrote.

“This is problematic in that … there is a very real risk that a third party could reasonably form the view that a Board member’s facilitation or encouragement has created an advantage or benefit for the industry or industry participant.

“The background to the CASA Board meeting in Darwin in June 2021 highlights this tension.”

The ICC found, based on how the relevant correspondence reads, it was open to reasonably form the view that Mr Bridge “has a close association with (Mr Burns)” which could have influenced the performance of his duties and responsibilities, constituting a perceived conflict of interest.

And that it was reasonable to form that view when considering certain incidents in conjunction or as a series of events.

“During Mr Bridge’s first week as a Board member, he raised issues with Mr Carmody as CEO/DAS CASA on behalf of (Mr Burns),” the report said.

“Mr Bridge made subsequent approaches to each DAS (or acting DAS in the case of Mr Crawford) in 2019, 2020 and 2021.

“Mr Bridge’s email exchange with Mr Carmody on behalf of crocodile egg collecting operators in February 2020 could be interpreted as implying an awareness that he should not be involved in escalating the operators’ concerns to CASA.”


Chopper crash victim Chris 'Willow' Wilson and his wife Danielle. Credit: Supplied

Mr Bridge told the ICC he had “not wanted to be in the middle” of communications between CASA and industry participants, and that he had expected issues – once raised at the appropriate level – to be handled by those parties.

“While Mr Bridge recognised that it was not appropriate for the Board to be involved in day-to-day operational matters or to have any say in any specific approvals … on 26 November 2019 he requested CASA look at granting operators the same approvals they had been issued the last two crocodile egg seasons,” Mr Hanton wrote.

“In his email to (Mr Burns) dated 26 May 2021, Mr Bridge appears to draw a connection between his remaining tenure on CASA’s Board expiring; the impending introduction of Part 138; and those involved in crocodile egg collection’s concerns with the requirements of Part 138.”

The probe found that Mr Bridge’s Standing Notice of Material Personal Interests, filled out when he was appointed to the CASA Board in 2018, was incomplete.

“Having spent 30+ years in the aviation industry I have a very wide network of friends and associates who deal with CASA regularly,” Mr Bridge wrote. But the next question – asking about the nature and extent of his interests – was left blank.

“On that basis, it can be said any connection Mr Bridge had with [Burns](and helicopter operators involved in crocodile egg collection) has been declared,” Mr Hanton wrote.

“The Standing Notice does not, however, meet the requirements … in that it does not include any details of the nature and extent of any interest and how the interest relates to CASA’s affairs.

“It is recommended that all current Board members’ Material Personal Interest declarations be reviewed to confirm they meaningfully set out the nature and extent of interest relevant to CASA’s affairs.”


Outback Wrangler Matt Wright and pilot Michael Burbidge were charged in relation to the investigation into the fatal Northern Territory chopper crash that killed Chris Wilson in February 2022. Credit: Unknown/Facebook

The ICC found there was no evidence to conclude that Mr Bridge had an actual or potential conflict of interest.

“It would be open to a third party on the available evidence to reasonably form the view that there was a perceived conflict of interest between Mr Bridge and members of the crocodile egg collection industry,” he wrote.

“Because any conflict was perceived (rather than actual or potential), there was no evidence of improper influence in the performance of his duties.

“There is no evidence to conclude that the issuing of approvals to operators involved in crocodile egg collection was influenced by Board members or members of CASA’s Executive Management.”

A statement on CASA’s website says that all of the ICC’s recommendations have since been implemented.

“The changes will help all current and future Board members understand their responsibilities and obligations while ensuring they can continue to engage with industry within clear and acceptable boundaries,” it said.

“The review acknowledged that CASA’s gifts and hospitality policy largely accorded with best practice and its conflict-of-interest policies largely mirrored the best practice guidelines of the Australian Public Service Commission.

“However, it recommended tightening the policy’s language to make it clearer that gifts should never be accepted from lobbyists.

“Other recommendations included a review of how CASA defines lobbyists and the development of guidance on the tension between the Board members’ obligation to avoid perceived conflict of interest with their responsibility to foster industry engagement.

“The changes reflect industry and government best practice for managing conflicts of interest and accepting gifts and hospitality, as well as arrangements for industry engagement.”

Fort Fumble rejects claims for compensation from Willows Widow -

Via the Oz:

Outback Wrangler chopper crash case back in court after concerns raised about pointless mediation


By Robyn Ironside.

The government agency being sued for allowing a “human sling” to be used under a helicopter for the purpose of collecting crocodile eggs, is refusing to discuss compensation with the widow of victim Chris “Willow” Wilson.

Mr Wilson, the co-star of television series Outback Wrangler, died when the 100 foot sling was disconnected from the helicopter above a survivable height, in the remote Northern Territory in February 2022.

An Australian Transport Safety Bureau investigation found the helicopter ran out of fuel, and the pilot released the line to which Mr Wilson was attached as the chopper fell.

In response to the tragedy, Danielle Wilson launched legal action against the Civil Aviation Safety Authority and helicopter operator Helibrook last year, in a quest for damages.

Helibrook owner and Outback Wrangler star Matt Wright was later added as a respondent in the case.

On May 7, Federal Court judge Helen Raper ordered Ms Wilson, CASA, Helibrook and Mr Wright into mediation in the hope of resolving the matter.

The talks were due to begin on June 6 but correspondence between the parties suggested there was no point to the discussions because CASA was not prepared to talk compensation.

Thomas Miller for CASA told the court on Friday, the regulator had written to the other parties in advance of the mediation.

“ (CASA) said we would be attending in good faith, to try to narrow the issues in dispute but we would not likely be attending to make monetary offers of settlement,” Mr Miller said.

“We were not opposed to participating. to simplify matter and identify the real matters in dispute.”



Darryn Kelly for Helibrook and Mr Wright told the court it seemed pointless to conduct mediation when there was no prospect of reaching agreement on compensation or damages.

“Agreeing to attend a mediation carries with it that implication, so it was a shock to receive that correspondence from CASA essentially saying ‘we’ll turn up but we’re not going to be offering anything,” said Mr Kelly.

Mr Miller responded that CASA was not opposed to attending the mediation but as a government entity it was not “entitled to make a commercial settlement”.

“There must be a real and appreciable risk of liability and it has to be supported by evidence, and in this case there must be approval by not only CASA but other agencies including the Attorney-General’s department,” said Mr Miller.

“We are ready, willing and able to attempt to narrow the issues in dispute and to attempt to charter a pathway forward, but we are not likely to attend to put on monetary offers and we raised that so the other parties could make informed decisions about the resources they wished to allocate to the mediation.”

Ms Wilson’s counsel, Matthew Kalyk, told the court he shared the concern about the approach CASA was taking and did not accept the agency would be prohibited from making monetary offers.

“It just can’t be right, with respect, but in any event if that’s the position they adopt we can’t force them to change that,” Mr Kalyk said.

“It may be they play little role in the mediation itself and the focus is on the other parties who are attending in the more usual way to a mediation, there still seems to be some utility in that process taking place.”

Helibrook and Mr Wright have previously indicated they will contest charges brought by NT Worksafe over the crash, alleging reckless conduct for operating unsafe aircraft and interference with flight records over an extended period.

MTF...P2

[Peetwo]

QON for KC??

From CASA Estimates session, via YouTube:

Hansard:

Senator McKENZIE: Okay. I want to go to some of the licensed aircraft maintenance engineer issues. You've been at the forefront of significant staff shortages. This is a terrible acronym: LAME.

Ms Spence : LAMEs—'laymies'.

Senator McKENZIE: Okay. That gets us out of that! What's being done about the significant shortfall of licensed aircraft maintenance engineers within the aviation sector?

Ms Spence : We've taken a number of initiatives to try to address this issue. There was a report from the RAAA maybe six or nine months ago, and they recommended that one of the most important things to do was to introduce modular licensing. Previously you were required to have all your qualifications before you could actually sign off on aircraft maintenance. We introduced, in December, a modular licensing model, and I might ask Mr Marcelja to provide a little bit more detail about that and the other things that we've done.

Mr Marcelja : Maintenance personnel licensing sits within my area. The reforms in December that Ms Spence talked about allow you to get a licence earlier by not completing study for all of the different elements of licence. Typically you would need to complete about 13 modules over four years and get experience across everything to get a licence. The modular licence allows you to study the core subjects, get a licence, begin to work in the industry and then add to that licence as you progress. That was the reform that we worked on through last year and produced in December. At the moment we're focused on some initiatives around how we can help streamline foreign licensed engineers that want to come to Australia, and that's a work in progress.

Senator McKENZIE: So we have an accredited system up and running in the modular—

Ms Spence : Yes.

Senator McKENZIE: That was a suggestion of the RAAA nine months ago. How many people have graduated so far?

Mr Marcelja : We think our first one is in the next couple of days, maybe the next week or so.

Senator McKENZIE: And how many, in total, are in the program?

Mr Marcelja : We don't have visibility of the total numbers, because most of the study is done through maintenance training organisations. We don't have accurate numbers of what's coming through the pipeline.

Ms Spence : How it works is: previously, the people who were training to be a LAME wouldn't be qualified until after about four years, whereas the modular licensing means they can stop at an earlier point, be qualified as a licensed aircraft maintenance engineer and start earning some money. They might not want to go into the more sophisticated types of operations, so they'll move out to regional Australia and do good things.

Senator McKENZIE: There are claims that CASA has put in place a lot of barriers to training licensed engineers. Is that the case?

Mr Marcelja : I think people saw it as quite a complex and lengthy system. If you were a young person, the prospect of four years plus training was one of the key issues that we were trying to address—to get through more quickly to make it more attractive to people—but we do have high standards. These are people that are signing off on the safety and airworthiness of aircraft, so it is an important role. We're keen to maintain that standard but make it easier for people to get into the system.

Senator McKENZIE: Have we got a fast-track procedure to enable those more experienced foreign maintenance engineers?

Mr Marcelja : Yes.

Senator McKENZIE: How quickly?

Mr Marcelja : That's a work in progress at the moment. We have three different initiatives we're working on for that one. The first one, which we think is—

Senator McKENZIE: Here I am thinking we'd actually solved the problem that some people had been worried about, but we haven't.

Mr Marcelja : Not yet.

Senator McKENZIE: So there isn't anything in place yet to fast-track foreign engineers?

Mr Marcelja : The modular licence does help, partly, because if you come with a foreign qualification we can say, 'Okay, you match these modules and you can get a licence.' We think it'll help, partly. We're doing extra work on how we can allow a licensed engineer from another country, where there are clearly high standards and good practices, to work under supervision or under the umbrella of an organisation that we monitor. We're looking at that as a fast track for a period of 12 months, while that engineer studies for a full licence.

Senator McKENZIE: Do they have to study in person?

Mr Marcelja : No, not necessarily. You can choose to, or you can do self-study—download textbooks and sit exams—or you can go and join a—

Senator McKENZIE: So you can be working remotely and complete your studies?

Mr Marcelja : Correct, yes.

Senator McKENZIE: How many providers offer that option, and at what cost?

Mr Marcelja : The self-study pathway is direct with us.

Senator McKENZIE: You can tell me exactly how much it costs, then.

Mr Marcelja : Yes. Cost-wise, for the exams that you need to pass, we charge about $70 or $80 and the provider that administers the exam might charge the same amount, so you're looking at probably $150 to $200 for an exam, multiplied seven or eight times. Under $2,000 would be our cost.

Senator McKENZIE: What about tuition?

Mr Marcelja : If you self-study, download the textbooks, sit exams and get your experience—the alternative is to join a maintenance training organisation. They can offer training in the classroom and practical training, and that's a commercially run venture. There are a lot of competing providers that do that.

Senator McKENZIE: Employers have been asking CASA to provide a fast-track procedure to enable those experienced licensed aviation engineers to be employed and obtain a CASA licence. Your evidence here today, which seems to be quite heartening—and I don't want to get too excited too early—is that that is on track and you're expecting your first graduate in a couple of days?

Mr Marcelja : For the modular licence, yes. We have three or four different initiatives running. The first one I talked about, which we think is significant, is in place. We have a couple more coming down the pipeline, which are focused on streamlining even more the internationally qualified people. That's the pathway that we've been asked by industry to focus on.

Ms Spence : That would be the more experienced LAMEs coming into the country—they don't have Australian qualifications, so how can we make it easier?

A comment in reply to the YouTube video:

@prussiaaero1802
1 day ago

At 8:20 - doing CASA self study modules towards LAME licence he mentions "get your experience." WHERE?????? That's the problem, WHO is giving these experience opportunities? Most(?) small LAME shops are just too busy to spend the required time training anyone or just can't be bothered with the hassle of it all.

 

Hmm...care to comment KC?? 

Via the AP email chains...  

AMROBA has been highlighting this situation for decades.

The reason why “you need to get experience” is because the only course available is not fit for purpose, based on airline competencies but no piston aeroplane and helicopter competencies for small aeroplanes and helicopters sectors. CASA proposes more exclusions to be added to the licence.  We totally reject that approach as it can be fixed by providing appropriate courses for each licence category & rating.

On the January 6, nearly 30 AMO representatives met with Ms Spence and told her the AME training and licencing system is broke.

It hasn’t produced AME licences to support general aviation aeroplanes and the helicopter industry.

They also told her they can only use the self-study pathway because formal training for these sectors are not fit for purpose.

This is not the optimal way to provide technical knowledge and skills to this profession considering their responsibilities.

CASA approves mainly NVET approved RTOs as Part 147 maintenance training organisations but not LAME basic training courses. Why approve for basic AME training?

The EASR system from where Part 66 was copied, provides all the courses details including course duration.

Part 66 regulations and Part 66 MoS provide for separate courses to what is currently provided for AME training.

One size does not fit all.

These AMOs also demanded a fast-track foreign LAME system, like NZ has, to keep some of them in business.

It is now June and this is still to be finalised and promulgated.

There are positive ways to correct this issue specified in CASR Part 66 & MoS, but not used by CASA.

The Part 66 MoS enables courses for the general aviation aeroplane and the helicopter sectors but not supported by CASA who approves the MTOs.

AMROBA’s website under Training is full of solutions.

Ken Cannane

Executive Director

AMROBA

Phone: (02) 97592715

Mobile: 0408029329

www.amroba.org.au

Safety All Around.

While on the subject of LAMEs and aircraft maintenance regulatory ructions, I note that the CASA's latest spin doctor (with absolutely NFI about which end of the aircraft the smoke comes out of -  ) and former used car salesman Marcelja, apparently had a bit to say to the AHIA membership on the soon to be introduced Su_Spence version of CASR Part 43??

Via Oz Flying:
 

Part 43 won't be Mandatory: CASA

5 June 2024



CASA Executive Manager Stakeholder Engagement Andreas Marcelja told the Australian Helicopter Industry Association (AHIA) this week that CASR Part 43 will not be mandatory once implemented.

Part 43 covers only those aircraft used in private or airwork operations, and is intended to remove the greater maintenance burden imposed on aircraft used in passenger-carrying operations. It will apply to both fixed-wing and rotary aircraft.

Marcelja said that private and airwork operators would have the option to keep their aircraft in the higher category if they wanted.

"Our aim was to try and produce a ruleset that was appropriate for that kind of activity, particularly as we’re migrating airworthiness rules into the new CASR parts, so CAR 30 will eventually disappear and transition," he said.

"We wanted to disconnect the private and aerial work requirements from the air transport requirements, so not drag everyone up to an air transport requirement as we made those transitions.

"So [CASR Part] 43 makes a disconnect between air transport airworthiness and private and aerial work airworthiness. It gives people a choice."

CASR Part 43 was initially broadly welcomed by the aviation community, but as the ruleset and implementation get closer, reservations are starting to emerge, as was aired last week by the Aviation Maintenance Repair and Overhaul Business Association (AMROBA).

AMROBA's withdrew support for the legislation, citing disparity with the US system Part 43 is said to be based on. 

"During consultation, the overwhelming feedback we received was that people felt the US system was the most appropriate one, so Part 43 in Australia was based on the US Part 43," Marcelja stressed.

"And what it will do is allow a LAME who is licensed to do most of the maintenance and services on a private and aerial work aircraft only, independently of an organisation. But it’s absolutely a choice rather than a requirement.

It recognises that trained LAMEs have the skills, knowledge and background to perform a range of aviation maintenance without organisational approvals and produces a layer of checks and balances through an inspection authority.

"It won’t just be any LAME who can do everything; there’ll be certain maintenance tasks that a LAME can do and there’ll be other tasks that need an inspection authority.

"It will also allow maintenance providers such as CAR 30 organisations to service aircraft under the 43 scheme if they choose to.

"Some aircraft owners may keep their aircraft out of the 43 scheme because they have a future desire to use that aircraft for charter or sell it for use under another activity."

CASA has said the new part was currently with a Technical Working Group and transitional rules were still under construction, but that CASR Part 43 was expected to be implemented in the last quarter of this year, with a Plain English Guide to be published at the same time.

Hmm...care to comment KC??    

MTF...P2 

[Peetwo]

Su_Spence - July BOLLOCKS BRIEFING!!

Via Su_Spence media HQ:

Director of Aviation Safety, Pip Spence

Aviation remains the safest way to travel thanks in no small part to the global sharing of intelligence and experiences.

Cross-border cooperation has significantly reduced accidents to the point where the 2023 rate for jet and turboprop aircraft was an impressively low 1 in every 1.26 million flights. 

To support this, international relations are an important part of what we do and why we strive to make sure CASA is recognised as a significant contributor to the global aviation community.

We work extensively with other national aviation authorities (NAAs), peak organisations and the International Civil Aviation Organization to further the cause of aviation safety worldwide.

It's important that we keep abreast of developments in the rest of the world so we're aware of ideas that could boost the safety and efficiency of the Australian aviation system.

Equally important is sharing our expertise with others, particularly our neighbours in South-East Asia and the Pacific. And building personal relationships with our counterparts is always important.

I got to witness first-hand CASA's standing in international circles at the recent US Federal Aviation Administration (FAA) -European Union Aviation Safety Agency (EASA) conference in Washington, DC.

Executive Manager National Operations and Standards Steve Campbell, Branch Manager Airworthiness and Engineering Richard Stocker and I made the most of the senior aviation professionals at the conference.

We met with 6 regulatory authorities – including our counterparts in  the US, Canada, the UK and Europe – and 3 manufacturers of advanced air mobility (AAM) aircraft.

I also attended the first face-to-face meeting of the National Aviation Authority Network Governance Group to discuss issues of importance to Australia, the US, the UK, Canada and New Zealand.

The conference provided a good opportunity to discuss issues ranging from the importance of collaboration to regulatory alignment, service delivery and the rollout of 5G.

Something that really stood out for me during the visit was the similarity between the issues we encounter and those faced by other countries.

We are all looking at better ways of delivering regulatory services to industry, how to best structure our operations and have the right workforce to manage existing and future work, the rollout of safety management systems and the challenges of getting new regulations in place.

Competency-based training and skills shortages was discussed and there was an emphasis on the role data plays in our work and the need to ensure we have the right platforms to effectively share and analyse data from as many sources as possible.

An overarching message during our sideline meetings was the recognition of the work Richard has been leading on AAM certification, in particular our commitment to collaborative engagement in this area and our promotion of a flexible regulatory environment.

While the engagement was hugely beneficial, I’m particularly proud of the work CASA does to support our neighbours.

For example, we recently launched online training programs for staff from the Tonga Civil Aviation Division and the Civil Aviation Authority Solomon Islands.

In December, we joined with Airservices Australia to support the Directorate General of Civil Aviation and AirNav Indonesia to develop and maintain standards and guidance material on emerging technologies.

More recently, our international teams travelled to Denpasar to conduct ramp inspections as part of the safety assistance package.

Other international forums in which we play a part include the Joint Authorities for Rulemaking on Unmanned Systems (JARUS), which brings together 69 member states to recommend technical, safety and operational requirements to integrate uncrewed aircraft systems into aviation.

And, of course, we partner with other government bodies to help Australia punch above its weight when it comes to representation on ICAO panels, task forces, working groups, study groups and others.

Our ICAO involvement ranges from aerodrome design and air traffic management operations to airworthiness, dangerous goods, flight operations, surveillance and remotely piloted aircraft systems.

Having access to global forums gives us unique opportunities to see how others tackle the issues facing modern aviation and ensures our voice is heard internationally.

There are benefits all round.

All the best,

Pip

Not sure why 'Pip' felt the need to appear in person at the annual Federal Aviation Administration (FAA) and EASA - European Union Aviation Safety Agency (EASA) International Aviation Safety Conference?? Especially given she has absolutely NFI about which end the smoke comes out of; or the importance of maintaining ICAO defined OLS restrictions around airports; or the importance of ATC not resorting to TIBA, in lieu of providing a properly manned CTA separation service to HCRPT and IFR aircraft - FFS!   

"..Our ICAO involvement ranges from aerodrome design and air traffic management operations to airworthiness, dangerous goods, flight operations, surveillance and remotely piloted aircraft systems..."

Hmm...'aerodrome design' - I wonder if Pip put up CASA's complete disassociation with the YMEN DFO approval clusterduck process, that saw a shopping centre being approved to be built within the ICAO standards for OCA safety requirements for an ILS runway, meanwhile totally disregarding internationally accepted standards for PSZs around airports. As for ATM do I need to mention TIBA as a normalised (not temporary) ASA process for manning large swathes of CTA. As for 'surveillance' who can go past the Croc-o-shite ATSB report and the CASA Board's problematic (at least perceived) conflict of interest with a proven dodgy operator...

This was the blurb for the FAA/EASA annual conference with a link for the basic summary of discussions for the 3 day conference:

2024 FAA-EASA International Aviation Safety Conference

The Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA) co-hosted the 2024 International Aviation Safety Conference in Washington, D.C., June 11-13, 2024. The three-day conference included over 400 senior aviation professionals from regulators, manufacturers, airlines and associations from all over the world to discuss global aviation safety topics from the perspective of both, the regulators and industry.

A wrap-up summarizing the discussions of the Conference is now available. A full Conference report and all presentations will be posted on this site in the coming weeks.

For more information or questions related to the event, please contact 9-AWA-AVS-AIR-400@faa.gov

 
Finally, the following LinkedIn blurb perhaps highlights Pip's priorities in the subject matter areas of international aviation safety standards and harmonisation: 

Civil Aviation Safety Authority

50,031 followers
• 5 days ago

CASA’s Director of Aviation Safety and CEO, Pip Spence, Executive Manager, National Operations and Standards, Steve Campbell, and Branch Manager Airworthiness and Engineering, Richard Stocker, were in Washington DC recently to participate in the US Federal Aviation Administration (FAA) and EASA - European Union Aviation Safety Agency (EASA) International Aviation Safety Conference.

The FAA-EASA conference is held annually and provides an opportunity for senior aviation professionals, regulators, manufacturers, airlines and associations to discuss global aviation safety and sustainability challenges.

During the conference, the CASA delegation had meetings with Transport Canada - Transports Canada Civil Aviation (TCCA), EASA, UK Civil Aviation Authority, FAA, ANAC Brazil, Civil Aviation Authority of Singapore and industry participants Joby Aviation and Wisk Aero.

Formalising the good relationship between CASA and TCCA, Pip signed an MOU with Director-General, Félix Munier.

The broad-ranging MOU provides a mechanism to engage on sharing information and data on aviation safety; mutual cooperation and technical assistance; training programs and knowledge exchange; and development of technical arrangements for mutual recognition following further comparisons.

The first work plan under the MOU was signed for mutual cooperation on risk assessment methodology training programs for remotely piloted aircraft.

CASA and TCCA RPAS teams collaborate often and the work plan provides a foundation to develop joint training products or awareness building modules to build understanding of the principles of risk assessment approaches using the Specific Operational Risk Assessment (ORA) methodology.

Hmm...since we have all this 'love in' going on with the Canucks et.al and in the spirit of international aviation safety transparency; is it not about time that Su_Spence and Betsy made public the ICAO audit report and our subsequent 'corrective action plans' to address the identified non-compliances with the ICAO SARPs? ref: https://www.infrastructure.gov.au/infras...it-program

"..The report highlighted areas where Australia could more fully realise the benefits of closer alignment with ICAO’s standards and practices and these areas will be responded to through corrective action plans agreed with ICAO and updates to our State Safety Program (SSP) and National Aviation Safety Plan (NASP) this year..."

MTF...P2

[Sandy Reith]

Thanks to PeeTwo for connecting the threads of the otherwise threadbare storyline from our much discredited Aviation Hearse, oops House, and its management. Its ‘corrective action plans’ will amount to nothing until we have a Minister who takes a real interest the CASAstrophe

[Peetwo]

Update: Croc-o-shite report the gift that keeps on giving?? -   

Via the Search 4 IP yesterday:

The mills of the gods grind slow; etc.

The truth contained within the rest of that line is questionable; much depends on just how 'fine' the end product is, and is it fit for purpose? The glib, rather slippery article from the ABC – HERE – exposes some fairly ugly facts; easily read and soon forgotten. Just another quick glance, head shake and back to the funny pages or the form guide. How can it be that the nation, particularly those who actually run the joint, just accept  the facts presented without the roof coming off the building. How?

“What I seek to accomplish is simply to serve with my feeble capacity truth and justice, at the risk of pleasing no one.”

To begin at the very end; there is a man dead, another seriously injured and a hull written off to scrap and salvage. The 'operation' whilst at a slightly elevated 'risk' level should, properly managed, been much less risk to life than the razor grass cuts, snake bites and cranky crocodiles, pissed off with nest invasion. It  begs a personal question; would I be the 'dope on the rope'? Probably not; but not because of any perceived 'aeronautical' risk. I don't like hot, sweaty condition, insect bites, razor grass, or even glorious mud; hate it all. But, in a tolerable environment; sure why not: BUT. I would want to see the scripted risk mitigation; the operations manual, the approvals and pilot qualification training program, recent flight check report and experience. Then a look at aircraft maintenance records, before checking out the aircraft myself – to be sure. It would be interesting to see if a 'sling load' qualification was valid. Then I would need to address such matters as airborne rappelling; and, possibly even fast rope from a helicopter. In short; there is a small mountain of 'safety' related maintenance, pilot and 'rope-man' training and qualifications which, even if not strictly 'mandatory' should be given some serious consideration and be, at least in part nodded to – risk acknowledged? . For example:-

Sling Endorsement.

“This rating is a requirement for helicopter pilots working in the areas of fire fighting, search and rescue, and mining and logging. Sling load operations are one of the most technically difficult skills to master and require a high level of concentration, so completing this training is guaranteed to increase your flying ability and career prospects. We have highly-experienced instructors available to train you for Long Line and Short Line Sling endorsements. Minimum flight time required for this rating is determined by your instructor and dependent on the time it takes you to become proficient in the operation.”

Or: Before 'rappelling' from a helicopter – see – HERE – and note the 'boxed' rider at the end of the blurb.

“A story has no beginning or end: arbitrarily one chooses that moment of experience from which to look back or from which to look ahead.”

The whole Crock o' Crap matter is now the subject of endless 'legal' wrangling; trained legal minds at 10 paces; banging away at each other, scoring high blown 'points'; blocking attack, defending their paying clients and so on and so forth. But will they ever get down in the weeds and trace this almost (99%) preventable death to the radical cause. The initial approvals issued by CASA and the ongoing monitoring of company adherence with those approvals. Were the maintenance logs checked against flight times; were the defects recorded and corrected; was there a rigid fuel policy? All good solid operational oversight stuff; - but what of the 'sub culture' : the company attitude toward real 'risk mitigation'. How many 'normalised deviance' items were investigated related to aircraft fitness for role? Clearly, no questions were ever raised; it was deemed to be an operation so squeaky clean that it was completely acceptable for the CASA Board to visit and toddle off for scenic flight. Ye gods, had the 'inspectors' been doing their jobs; in Broome and in the bush – perhaps (sans intent) this and other tragedies could have been prevented. Perhaps the whiff of police operations played a part; or not, just another intriguing 'curiosity' in this saga.

“Wise men have interpreted dreams, and the gods have laughed.”

Aye; there's blame 'aplenty to share around; but IMO, CASA failed in the beginning, failed in the middle and at the end are doing what they always do best – pass the responsibility off through legal verbiage and denial. Why not, they have all their get out of jail cards, neatly scripted and carefully tucked up their sleeves. Failed to perform design operational function, but brilliant in defense of the indefensible. Bloody marvelous...Stellar etc.....

Toot - toot.

"..The whole Crock o' Crap matter is now the subject of endless 'legal' wrangling; trained legal minds at 10 paces; banging away at each other, scoring high blown 'points'; blocking attack, defending their paying clients and so on and so forth.."

In terms of 'legal wrangling', I note the following recent Kristin Shorten media articles on the subject, via the Nightly...

Outback Wrangler Matt Wright comes face to face with Chris Wilson’s widow Danielle in court for the first time

Kristin Shorten
THE NIGHTLY
4 MIN READ
07 JUN 2024

The widow of Netflix star Chris Wilson has come face-to-face with their former friend, Outback Wrangler host Matt Wright, in the Federal Court.

Danielle Wilson is suing the celebrity croc-wrangler, his aviation company Helibrook Pty Ltd and the Civil Aviation Safety Authority over her husband’s death during a crocodile egg-collecting mission at West Arnhem Land in February 2022.

Ms Wilson was silent as she arrived at the Federal Court building in Sydney on Thursday morning, flanked by her legal team, for a day of court-ordered mediation.

Wright made a brief comment to the media as he walked towards the Federal Court building with his lawyer David Newey from Gillis Delaney in Sydney.

“It’s not gonna bring our mate back, is it?” he said to the press pack.

Wilson – who starred alongside Wright in reality television shows including Outback Wrangler and Wild Croc Territory — was slinging beneath the helicopter when it crashed soon after taking off from a clearing on the King River.

The destroyed Robinson R44 Raven II, registered VH-IDW, was owned and operated by Wright’s company Helibrook.

It was being flown by Wright’s employee Sebastian Robinson.

The 31-year-old pilot, who is now paraplegic, is not a party to the civil proceedings.

The egg-collecting operation was being conducted under CASA authorisation, which allowed Helibrook to sling a person beneath its piston engine-powered helicopters for the purpose of crocodile egg collecting, at the time it crashed.


The crashed helicopter. Credit: CareFlight

Ms Wilson claims CASA, Helibrook and Wright breached their duty of care in allowing her husband to be slung beneath a piston engine-powered chopper to collect crocodile eggs the day he was killed.

The 34-year-old is being represented by Salerno Law managing partner Cliff Savala, who has briefed one of the country’s top aviation barristers David Lloyd SC and experienced junior counsel Matthew Kalyk from Sydney’s 12 Wentworth Selborne Chambers.

Ms Wilson’s legal team on Thursday night said their client’s disputes had not been resolved.

“The mediation remains a live and ongoing process,” Mr Savala said.

“It would therefore be inappropriate for Ms Wilson to comment at this time.”


Outback Wrangler Matt Wright. Credit: Unknown/Facebook

In November, the Australian Transport Safety Bureau released its final report on the fatal accident, finding that the helicopter “likely” collided with terrain on the morning of February 28, 2022, due to fuel exhaustion.

However, ATSB findings are inadmissible in civil and criminal proceedings.

At a case management hearing last week, CASA’s lawyer Thomas Miller – from multinational law firm MinterEllison – said his client was willing to attend mediation and “attempt to resolve as many of the disputes as possible” but was “not likely to be able to make monetary offers of settlement” until it had obtained expert evidence.

“There is a novel duty of care alleged against CASA as regulator, that it should have taken different actions as regulator, both in relation to the legislative instruments that are passed, in relation to its surveillance activities,” he said.

“There is a helicopter which has crashed, and there are unclear circumstances as to why it crashed.”


Chris ‘Willow’ Wilson with wife Danielle. Credit: Supplied

Justice Elizabeth Raper insisted that mediation at an early stage of the proceedings would be beneficial despite it being “imperfect in terms of you don’t have all the evidence”.

Ms Wilson – now a single mother of the couple’s two young sons – is claiming damages, interest, costs, interest on costs and “such other order as the court sees fit”.

“As a result of this conduct, the applicant suffered nervous shock or psychiatric harm and loss of maintenance and financial support of Mr Wilson during the course of his lifetime,” the claim states.

None of the respondents have filed a defence.

The next case management hearing is scheduled for June 27.

---

Outback Wrangler Matt Wright hires heavy-hitting silk to avoid Supreme Court showdown over fatal chopper crash
Kristin Shorten
THE NIGHTLY
3 MIN READ
14 JUN 2024

The widow of Netflix star Chris Wilson has moved to freeze Outback Wrangler Matt Wright’s assets and sue him personally over the fatal Northern Territory chopper crash that killed her husband. Credit: The West Australian

Outback Wrangler host Matt Wright has hired the heavy-hitting Adelaide silk who defended Zachary Rolfe, in an eleventh-hour bid to avoid a protracted public trial over the fatal chopper crash that killed his Netflix co-star Chris ‘Willow’ Wilson.

More than six months after Wright’s most serious criminal charge of perverting the course of justice – which carries a 15-year jail sentence – was committed to the Northern Territory Supreme Court, the celebrity croc-wrangler has engaged two new barristers.

During his most recent criminal callover listing in Darwin, one of those barristers – Frank Merenda from Francis Burt Chambers in Perth – indicated his client was trying to negotiate a plea deal.

Up until recently, Wright had been represented by Sydney-based barrister Greg Jones but Mr Merenda this month told the court he was taking advice from David Edwardson KC.

Mr Edwardson successfully represented former NT police officer Zachary Rolfe when he was charged with murder over the shooting death of Kumanjayi Walker during an arrest at Yuendumu.

Mr Merenda also represented Mr Rolfe at Walker’s coronial inquest.

The court heard Wright’s new legal counsel is trying to reach an agreement with the Director of Public Prosecutions to avoid their high-profile client facing a lengthy Supreme Court trial.

“I have conferred with (senior crown prosecutor Steve) Ledek who has primary carriage of this matter on behalf of the director’s office,” Mr Merenda told the court last week.

“I think the joint position is we’re attempting to resolve a number of matters before a decision is made in terms of how a plea will resolve.

“What’s been discussed since January is a question of particulars with a view to discussing the possibility of a negotiated plea.

“We’ve received information from the director. I’ve engaged with Mr Edwardson KC to give advice in relation to those matters, which is why we’re ultimately seeking four weeks to resolve those issues.”

During the six-minute mention, Judge Vincent Luppino said he was “a little bit confused” about what the parties were negotiating.

“What I’m trying to find out is, is there any possibility that the matter will be a plea?” he asked.

Crown Prosecutor Rebecca Everitt confirmed that the next mention might involve a plea.

“Yes, your honour,” she said.


Outback Wrangler Matt Wright and pilot Michael Burbidge were charged over the fatal Northern Territory chopper crash that killed Chris Wilson in February 2022. Credit: Unknown/Facebook

“The parties need time to settle their position as to whether it will be a plea, a disputed facts (hearing) or heading for a trial.”

Wilson – who starred alongside Wright in reality television shows including Outback Wrangler and Wild Croc Territory – was slinging beneath a helicopter when it crashed during a crocodile egg-collecting mission at West Arnhem Land in February 2022.

The destroyed Robinson R44 Raven II, registered VH-IDW, was owned and operated by Wright’s company Helibrook.

Pilot Sebastian Robinson was critically injured and is now paraplegic.

Wright’s charge of perverting the course of justice relates to his alleged actions after the helicopter crash, which occurred soon after taking off from a clearing on the King River.

Judge Luppino adjourned Wright’s matter until August 1 and listed it on the Supreme Court’s “super call over” list.

Wright’s bail was enlarged and he is not required to attend the next mention if legally represented.

The 44-year-old declined to comment on his decision to change legal teams at this late stage in proceedings.

Meanwhile, former NT police officer Neil Mellon, who pleaded guilty to destroying Wilson’s mobile phone after his death, will be sentenced on July 9.

And Mellon’s co-accused, Michael Burbidge, will return to the Supreme Court on July 5 for a one-day hearing after the DPP launched an appeal of his sentence.

In March, Deputy Chief Judge Fong Lim sentenced Burbidge with a conviction and $15,000 fine for destroying Wilson’s mobile phone after his death “with the intent to prevent it from being used in evidence in judicial proceedings”.

The DPP is appealing “against the whole of the sentence” on the ground that it was “manifestly inadequate in all the circumstances”.

“The appellant seeks orders that … the sentence imposed by the Local Court on 8 March 2024 be quashed, and that a new sentence be imposed on the respondent according to law,” the appeal notice states.

Then this on the associated and tragic Broome R44 fatal prang:

Broome helicopter crash: Parents of Amber Millar still facing ‘our worst living nightmare’ four years on

Kristin Shorten
THE NIGHTLY
6 MIN READ
03 JUL 2024


Amber Jess Millar, 12, was killed in July 2020 after the helicopter she was in crashed Broome. Credit: Supplied by family/Supplied

The parents of schoolgirl Amber Millar, who was killed in a horrific helicopter crash with a high-profile pilot, have returned to one of Australia’s most iconic tourist destinations for the first time since their 12-year-old’s preventable death.

Fiona and Clint Benbow have returned to Broome, in Western Australia’s Kimberley region, ahead of the four-year anniversary of the chopper crash that killed their daughter in an attempt to “face our worst living nightmare”.

Amber was killed alongside tourism stalwart Troy Thomas on July 4, 2020 when his Robinson R44 Raven I – registered VH-NBY – crashed immediately after he performed a high-powered vertical take-off from an industrial area north of Broome.

Amber’s traumatised parents have been fighting for answers and justice ever since.

In recent days the couple visited Cable Beach and sat in the exact spot on the sand where Ms Benbow and her daughter had shared their last sunset on July 3, 2020.

“Our first sunset in Broome since the loss of Ambz was stunning and terrifying all at once,” Ms Benbow told The Nightly.

“We just held each other and bawled.

“If only the correct procedures had been followed, Ambz would have been here, enjoying this sunset with us.”


Fiona and Clint Benbow remembering their daughter, chopper crash victim Amber. Credit: The Nightly

Thomas – a high-profile tourism ambassador – was the founder and director of Horizontal Falls Seaplane Adventures in Broome and Swan River Seaplanes in Perth.

The Australian Transport Safety Bureau’s nearly three-year investigation uncovered a litany of failures and coverups preceding the fatal crash, which left two other passengers critically injured.

The ATSB found that Thomas had a “high-risk appetite”, a history of non-compliance with aviation laws, was unlicensed and unauthorised to fly the helicopter that day, and that he knew there was a serious problem with it before he loaded passengers onto that final fatal flight.


Amber died during what was meant to be the trip of a lifetime. Credit: Supplied by family/Supplied

Despite the ATSB’s damning findings, there has been no apology, accountability or justice for Amber’s grief-stricken parents.

For them, the ATSB’s final report – released in April 2023 – created further questions about how Thomas had been able to get away with so much, for so long, and why so many people had been complicit.

The Benbows begged the WA Coroner to scrutinise Thomas’ tourism operations, the circumstances of their daughter’s crash and the roles others had played in allowing his reckless conduct to fatally escalate.

But in November, Coroner Michael Jenkin refused their request for an inquest, saying he had sufficient evidence to make an administrative finding about their daughter’s death and that he did not believe holding an inquest would generate new information.


The scene in Broome where the helicopter crashed. Credit: 7NEWS/7NEWS

Since then, the media has continued to expose shocking revelations about the rogue pilot’s rule-breaking, near-death crashes and cover-ups in the years preceding the double-fatality in Broome.

At least three aircraft that Thomas owned or leased from his parents were lost at sea in the three years before he died.

In 2017, one of Thomas’s Robinson R44s, registered VH-SCM, crashed into the water after taking off for a charter flight from the top of a boat at Talbot Bay.

The written-off chopper belonged to his company Avanova Pty Ltd and was operating under the Air Operator’s Certificate of Outback Wrangler host Matt Wright.

The pilot and two passengers, who suffered minor injuries, had to exit the helicopter underwater and swim 50m to shore before being treated in hospital.

The Civil Aviation Safety Authority was told that the helicopter had been recovered from the sea floor and transported to Broome, but CASA did not perform a visual inspection of the wreckage.

In 2018 a Cessna Caravan Amphibian – registered VH-PGA – crashed and apparently sank in the protected Lalang-gaddam Marine Park at Talbot Bay with two pilots onboard who were flying it from Derby to Horizontal Falls.

Thomas’s company Horizontal Falls Seaplane Adventures had leased the aircraft from his parents’ company West Coast Seaplanes Pty Ltd.

Authorities were initially told the seaplane had sunk near Koolan Island before being told it was actually near Slug Island.

Documents obtained by The Nightly through Freedom of Information laws – from CASA and WA’s Department of Biodiversity, Conservation and Attractions – excruciatingly detail how an evasive Thomas had given their investigators the runaround and lied to a local Broome journalist about the state of the seaplane.


Troy Thomas was found to have a “high-risk appetite”, and a history of non-compliance with aviation laws. Credit: Supplied/SBS

Internal departmental emails also reveal the frustration of Parks and Wildlife Service investigators, who were focussed on preventing further environmental damage to their marine park, as they tried to determine the seaplane’s true location and arrange to observe the salvage operation, which Thomas insisted had to be kept top-secret.

“The facts seem to change every 20 minutes,” one bamboozled investigator emailed to colleagues.

A DBCA spokesperson confirmed that its staff were onsite when Offshore Diving Services removed the wreckage from the marine park in April 2018.

The seaplane was written off and claimed on insurance.

The following year, in July 2019, Thomas was involved in a near-death accident when he crashed a Robinson R44 Clipper II registered VH-ZGY off the top of his boat with two passengers onboard.

Thomas and his passengers – one of whom was also a pilot – all suffered severe injuries and the helicopter was destroyed.

By law this accident was “immediately reportable” but the ATSB was not notified.

However, the helicopter, owned and operated by Thomas’s company Avanova Pty Ltd, was quickly claimed on insurance.


Amber with her step father Clint Benbow and mother Fiona. Credit: supplied by family/supplied

Meanwhile, Thomas – who did not even have a private pilot licence – was performing commercial medical evacuations in his choppers and charging passengers thousands of dollars.

In July 2019, Thomas airlifted a passenger from luxury catamaran MV Diversity II, off the WA coast, in his Robinson R44 registered VH-ZGY.

In August 2019, Thomas airlifted a couple from expedition vessel Odyssey in a different helicopter and charged them almost $2000 for the service.

The couple received a $1936 invoice from Ultimate Outback Experiences, which traded as Horizontal Falls Seaplane Adventures.

Ultimate Outback Experiences did not hold an Air Operators’ Certificate. Nor did Avanova Pty Ltd, which owned the helicopter.

The RFDS has previously confirmed that neither Thomas nor his companies were contracted to its organisation.


Fiona Benbow and step-father Clint Benbow have vowed to continue their fight for justice. Credit: Jackson Flindell/The West Australian

It was also revealed late last year that Thomas used his crowded industrial property north of Broome as a helicopter landing site – without council permission – for at least four years before the fatal crash despite it being just a few minutes’ drive from a regional airport where he had a hangar.

The private warehouse and residential premises at Bilingurr, which he purchased with his wife Sophie in 2007, was zoned ‘Light and Service Industry’.

The Broome Shire Council never received a request for approval, nor granted approval, to land and take off helicopters from the site.

And in 2018, five separate complaints – supported by photos and videos – were made to CASA about “unsafe behaviour” by helicopters badged Horizontal Falls Seaplane Adventures, which Thomas founded and owned at the time.

Videos of alleged dangerous flying – sent to CASA with written complaints about dangerous incidents in the Kimberley – show that the helicopters involved were not only owned by Thomas, but on at least one occasion, he was flying.

These revelations have incensed Amber’s already devastated parents, who believe multiple parties are responsible for their daughter’s death, including those who helped Thomas cover up previous incidents.

They want everyone connected to the crash and previous incidents to be called to give evidence at an inquest because the coroner is the only investigative body with the power to compel witnesses to answer questions and to do so truthfully.

Even WA Premier Roger Cook has previously said an inquest “looks like being the only vehicle that we can now rely upon to do that level of investigation”.

But the coroner is refusing to review his decision.

“The coroner has completed the investigation and findings into the circumstances surrounding the deaths of Amber Millar and Troy Thomas, having determined that an inquest was not desirable,” a spokesperson said.

“That determination cannot be reviewed in the Coroner’s Court.”

The Benbows, who lost “our entire world” when Amber died, refuse to give up or be silenced.

“We will never stop speaking Amber’s name and honouring her as best we can until our very last breath,” Ms Benbow said yesterday. “That we promise.”

MTF...P2

PS: I note that today the NT News has this headline and byline on the Outback Wrangler court case:

Wright seeks to avoid jury trial for work safety charges over chopper crash

Matt Wright seeks to avoid jury trial for work safety charges over Chris Wilson chopper crash. WorkSafe prosecutor Nicholas Goodfellow said he had had discussions with the celebrity croc wrangler's legal team 'about the course of this action and particularly the jurisdiction'.

[Peetwo]

Fort Fumble non-transparent FOI disclosure log finally updated?? -   

I note that in recent days the CASA FOI disclosure log has been finally updated with entries starting from the 4 March  to 2 July now being included. I also note that the log has been re-formatted and bizarrely all the previous released document' PDF links have been erased and there is no direct links to any of the recent released FOI documents (see HERE), so much for increased government transparency?? - 

Within the log there is a number of entries associated with the Croc-o-shite cover-up report and the directly associated Broome R44 fatal prang:

CASA documentation regarding accident that took place on 4 July 2020 in Broome, WA/ 2 July 2024 / The CASA report pertaining to the investigation, findings and conclusions regarding the accident that took place on 4 July 2020 in Broome, WA. Exemption(s) applied: s47F

Reports and related documents regarding VH-NBY/ 22 April 2024 / Investigations, reports, submissions and information provided to the WA Coroner in relation to VH-NBY in Broome on 4 July 2020. Exemption(s) applied: s47F, s46, s47B

Investigations or reports by the Industry Complaints Commissioner / 4 March 2024 / A copy of any investigations or reports by the Industry Complaints Commissioner that relate to, or include reference to, Human External Cargo (HEC) operations, crocodile egg collecting, CASA.CARRY instruments, Helibrook, Matt Wright, Michael (Mick) Burns, Michael Bridge, Chris Wilson or VH-IDW. Exemption(s) applied: s47F, s47G

It is not hard to work out that these particular associated FOI (now not publicly available) released documents are all from FOI applications from investigative journalist Kristin Shorten, more power to her keyboard...

On Kristin Shorten's good work, here is her latest Croc-o-shite article:
 

Neil Mellon: Decorated veteran cop jailed after Outback Wrangler helicopter crash exposed string of offences
Kristin Shorten
THE NIGHTLY
7 MIN READ
19 JUL 2024

Veteran NT police officer Neil Mellon was jailed for his actions at the scene of a deadly helicopter crash, along with a string of additional offences. Credit: The Nightly

A decorated veteran cop — arrested over the fatal chopper crash that killed Netflix star Chris Wilson — has been jailed for a spate of serious offences including destroying a dead friend’s phone and providing confidential information about a domestic violence case.

Former Northern Territory Police officer Neil Ryan Mellon was jailed last week after being handed an eight-month sentence, suspended after three months, and a $3050 fine.

Judge Tanya Fong Lim has since released the Statement of Facts, which contains explosive revelations about what happened at the helicopter crash site and Mellon’s repeated offending in the months following the tragedy.

Wilson — who starred on reality television shows including Outback Wrangler and Wild Croc Territory — was killed when the chopper he was slinging beneath crashed in a remote part of West Arnhem Land during a crocodile egg collecting mission in February 2022.

The destroyed Robinson R44 Raven II, registered VH-IDW, was owned and operated by Matt Wright’s company Helibrook and contracted to Mick Burns’ company Wildlife Harvesting NT.

It was being flown by Sebastian Robinson who suffered severe spinal injuries and is now paraplegic.

Mellon’s co-offender Michael Keith Burbidge, who was flying another helicopter on the egg collecting mission, located the wreckage of VH-IDW, Wilson deceased and the critically injured pilot at 10.36am.

Later that morning Mellon, who was off-duty, became aware of the crash and flew to the site with Mr Burns and Mr Wright.

“The defendant attended the crash scene of his own volition. He was not directed there in any official police capacity,” court documents state.

“Having assessed the crash site, the defendant immediately established a crime scene and began taking charge of securing relevant evidence.

“The defendant decided to place the deceased in a body bag. The defendant seized and secured a pistol from the right-hand hip of Wilson. The defendant unzipped the top pocket of the vest of Wilson and removed a mobile phone belonging to Wilson.”

At this time, Mellon heard Burbidge say words to the effect of: “Dani does not need to see what is on that phone”.

“Burns also confirmed Burbidge’s assertion that the phone contained information that didn’t need to be known,” the facts state.

Mellon then handed the phone to Burbidge, who — unbeknown to Mellon — threw it into the ocean that afternoon.

While at the scene, Mellon took photos, measured distances between the deceased and the helicopter, made observations and took recordings.

“While doing this, he noted that Burbidge, Wright and (pilot Jock) Purcell had unscrewed and lifted the console from within the aircraft and he heard someone say words to the effect ‘Yep, it’s plugged in’,” the documents state.

The Nightly understands this refers to the helicopter’s Hobbs meter, which measures the time that an aircraft is in use.

That afternoon Mellon flew back to Darwin in Burbidge’s helicopter to inform Wilson’s widow Danielle about the circumstances of the crash.

A couple of days later, on March 2, Mellon provided a statement to detectives investigating the crash but did not mention Wilson’s phone or what had occurred with the helicopter’s console.

In July 2022, Mellon asked Burbidge “Is that phone retrievable?” to which Burbidge responded, “It’s gone”.

Mellon replied: “It’s gone? Can we get it?”

Burbidge then disclosed “It’s in the ocean”.

Realising it was crucial evidence, the veteran cop responded: “Are you fucking kidding me?”

The following month, in August 2022, the acting senior sergeant was arrested one morning as he arrived at work.

The experienced police officer, who had spent 17 years in the Territory Response Group, was the Northern Watch Commander at the time.

The 47-year-old, who had joined the NT Police in 1995, was charged with dozens of offences.

The most serious — conspiracy to pervert the course of justice and the destruction of evidence — related to the police investigation into the fatal helicopter crash.

After his arrest, Mellon told police what he had done with the phone and what he had omitted in his first statement.

“Unknown to the defendant was that Burbidge, in a later record of interview to police, stated that he really had no foundation in which to believe that the deceased had engaged in affairs, or had material relevant to having engaged in affairs, that he expected to find on Wilson’s phone.”

In December, Mellon pleaded guilty to destroying evidence.

Mellon’s barrister Sally Ozolins argued her client was less culpable for this offence because he did not destroy the phone himself.

But senior crown prosecutor Steve Ledek submitted Mellon was more culpable because he was a police officer and knew that the phone could contain relevant data for any investigation into the crash.

During sentencing, Judge Fong Lim said handing the phone to Burbidge, knowing that data or the phone itself might be destroyed, was “not an action which you would expect of a senior police officer whose apparent motivation was to preserve the scene”.

“The cavalier approach the defendant took to handing over pieces of evidence at the crime scene cannot be explained by his emotional state at the time,” she said.

“These are the actions of someone who is being less than honest in a police investigation.

“Only when he knew he was in trouble, (did) he decide to disclose his involvement.”

Mellon also pleaded guilty to a raft of other offences that occurred in 2022 between the February helicopter crash and his August arrest. They include six counts of Disclosure of Confidential Information.

The first incident occurred on May 9, 2022, after he received a text message from Mr Wright, asking about a domestic violence incident police had responded to the previous day.

“One of the parties involved in the incident was a former employee of Wright,” the facts state.

“The defendant made enquiries within his social network to obtain contact phone numbers for both parties to the incident.”

Mellon then called each of the parties to the incident, identified himself as a police officer and questioned them about it.

He also phoned a colleague, who was of a lower rank, to obtain information about the incident.

“At 6.54pm the defendant telephoned Wright and disclosed confidential information he had obtained … regarding the incident,” court documents state.

“The information disclosed included the contents of police alerts, actions taken by police, the issuing of a DVO and the detention of an individual for a mental health assessment.

“The defendant intentionally disclosed confidential information concerning persons involved in a domestic violence incident to Wright who had no authority or lawful reason to receive information concerning NT Police operations.”

On separate occasions, Mellon provided confidential information about individuals and police investigations to friends and associates including Kevin Quinlan, Stephan Jose and Michael Lymberis.

“The facts show he was a senior police officer who did not think the law applied to him,” Judge Fong Lim said during sentencing.

“He was willing to do favours for friends without a mind for the consequences for others and he was willing to use his rank and friendships to his own advantage.

“The disclosure of information in a domestic violence matter, not knowing what that information would be used for, may well have created risk for a victim or a protected person of domestic violence.”

Mellon pleaded guilty to obtaining a benefit by deception after asking a friend and colleague, Senior Constable First Class Karl Bauman, to backdate police training records to show that he was current in his Defensive Tactics qualification when he wasn’t so that he could apply for a promotion.

“The defendant did not ultimately achieve that promotion because of an anomaly that related to the imputation of the police record, provided by Bauman, was detected and his later arrest and prosecution,” the facts state.

Judge Fong Lim said Mellon “not only put his friend at risk of criminal prosecution but also put him at risk of demotion, which in fact occurred”.

“The defendant had little regard for that person’s future. Only of his own selfish gain,” she said.

As a result of the forgery, Sen-Const Bauman was charged with obtaining benefit by deception but the case was later withdrawn with the decorated officer being disciplined instead.

Mellon also pleaded guilty to a raft of weapons, firearms and wildlife offences, including the possession of saltwater crocodile skulls without a valid permit, which stemmed from a search executed on his Darwin home and workplace locker.

“Again this proves the defendant is a man who thought he was above the law,” Judge Fong Lim said.

“It is my view he’s allowed the power of being a senior police officer to go to his head.”

Mr Mellon is due for release from prison in October and will be subject to a 12-month good behaviour bond.

Burbidge, Mellon’s co-accused, was recently convicted and fined $15,000 for destroying Wilson’s phone. The Director of Public Prosecutions has since launched an appeal of Burbidge’s sentence on the grounds it is “manifestly inadequate”.

Mr Wright declined to comment on Thursday when asked about his request to Mellon for confidential information and alleged tampering with the helicopter’s console at the crash site.

I also note that I missed this previous associated KS article...

 

CASA takes action against NT pilots following a years-long probe into fatal Outback Wrangler chopper crash

Kristin Shorten
THE NIGHTLY
4 MIN READ
17 JUN 2024




The Civil Aviation Safety Authority has quietly launched enforcement action against at least six pilots following the Northern Territory chopper crash that killed Netflix star Chris Wilson.

Almost two and a half years after the fatal crash, CASA is understood to have recently issued at least one counselling notice, at least one aviation infringement notice and multiple ‘show cause’ notices to vary, suspend or cancel a pilot’s licence or Air Operator’s Certificate.

Wilson — who starred on reality television shows including Outback Wrangler and Wild Croc Territory — was killed in February 2022 when the helicopter he was slinging beneath crashed in a remote part of West Arnhem Land during a crocodile egg collecting mission. Pilot Sebastian Robinson was critically injured and is now paraplegic.

The destroyed Robinson R44 Raven II registered VH-IDW, was owned and operated by celebrity croc-wrangler Matt Wright’s company Helibrook Pty Ltd.

Last year — after charging three men with offences related to the fabrication and destruction of evidence — NT Police revealed that it had shared a comprehensive investigation file into the fatal crash with CASA, the Australian Transport Safety Bureau, NT WorkSafe and the Director of Public Prosecutions.

The file included maintenance and fuel records, expert opinions concerning the fuel system and airworthiness of the stricken aircraft, and toxicology analyses of individuals involved in the crash.

In November, the ATSB published its 113-page final report into the accident, finding that the helicopter likely collided with terrain on the morning of February 28, 2022, because the pilot probably forgot to refuel it.

In February, the Territory’s workplace safety watchdog charged Wright and Helibrook with breaches of work health and safety laws over their alleged failures to “maintain safe aircraft” and for “allowing the aircraft to be operated when unsafe”.

“While the exact cause of the helicopter crash has not been determined by any regulatory agency, and there is insufficient evidence to establish a prima facie case to lay charges in relation to the crash at this point in time, NT WorkSafe’s investigation has found sufficient evidence to allege Helibrook Pty Ltd and Mr Wright engaged in conduct intended to falsify the actual number of flight hours accrued by the aircraft in the Helibrook fleet over an extended period of time,” a spokesperson said.

NT WorkSafe charged both Wright and Helibrook, which voluntarily ceased operating after the fatal crash, with two counts of reckless conduct.

CASA has also been investigating a number of matters — stemming from the fatal crash — since early 2022 but has repeatedly declined to reveal what, if any, enforcement action it has taken as a result of its findings.

“We do not comment on individual enforcement activities due to privacy,” a CASA spokesperson said on Monday.

In April, CASA said it could not comment on any enforcement action taken since the crash “given ongoing legal proceedings”.

However, The Nightly understands enforcement action is now underway.

This includes the issuing of ‘show cause notices’, which informs the holder of a civil aviation authorisation why CASA believes it has reason to vary, suspend or cancel their authorisation and invites the recipient to argue in response why it should not do so.

CASA has also issued aviation infringement notices, which can involve a fine of up to $1565, and counselling notices, which are designed to “encourage” a pilot to comply with legislative requirements.

Individuals and authorisation holders can appeal CASA’s enforcement decisions in an external forum such as the Administrative Appeals Tribunal or the Federal Court.

In a statement on its website, CASA said it has “zero tolerance for serious, wilful or repeated disregard of the aviation rules”.

“Serious breaches of the Civil Aviation Act and the Regulations may involve the commission of a criminal offence,” it said.

“In those cases, we may prepare a brief to the Commonwealth Director of Public Prosecutions to decide whether to commence a criminal prosecution.

“We usually refer cases to the CDPP in cases involving breaches that are deliberate, show a reckless disregard for the rules, show a pattern of disregard for the rules or cause a significant risk to safety including by putting other people in danger.”

CASA refused to confirm whether it has referred any matters related to the fatal NT crash for criminal prosecution.

CASA has not published any enforcement decisions on its website since November 2021.

This week a CASA spokesperson said the agency plans to resume publication of enforcement action information on its website “early in the first quarter of fiscal 2025”.

Refer to Kristin Shorten's Nightly profile page to see all of her published Croc-o-shite articles - see HERE.

MTF...P2

[Peetwo]

CASA (BOLLOCKS!) Corporate Plan 2024-25

Ref: https://auntypru.com/wp-content/uploads/...e-Plan.pdf

Su_Spence bollocks: 





Read it and weep...

Quote pg 32: "CASA fulfilled all its obligations to ICAO under the Universal Safety Oversight Audit Program (USOAP) Continuous Monitoring Approach (CMA) Memorandum of Understanding (MoU)..."

Why is an MoU required for the independent ICAO process of audit of individual signatory States to the Chicago convention and where is it?? 

Interesting that when I Google the subject the only applicable PDF link that comes up is this very interesting document: https://www.infrastructure.gov.au/sites/...ly2024.pdf

Hmm...fascinating that this bollocks document was signed off by all signatories well before the conduct of the (yet to be made publicly available) ICAO audit, which I imagine would've included an assessment of how effective that combined MoU works to administer Australia's aviation safety system (SSP & NASP)?? -   

MTF...P2

[Kharon]

Blatherskite – personified?

“A blatherskite may either be noisy talker of blatant rubbish or the foolish talk or nonsense that such a person spouts.”

It has taken 30 odd hours (since P2 posted the latest Spence missive) for me to actually do my duty and read the wretched thing. I fetched the houseboat bucket – in the hope that with it being close and handy – I may not need it. Alas; even prepared as I was, in a sanguine frame of mind by the end of the first stanza I was glad of my foresight.

The words of such men as Edward Lear and Lewis Carroll sprang to mind – famous exponents of the art within 'Nonsense literature; main difference is, of course, they knew that 'nonsense' made sense: well mostly – it was however 'deliberate' considered and grammatically 'nice'. Not scary at all, more oft than not; humorous.

There is nothing whatsoever 'humorous' in the terrifying word salad tabled by Spence. There is no 'vision' and the way out of the conflated, nonredeemable legal nightmare CASA have created is simply not in the Spence knitting patterns. The time for pointless Motherhood statements came and went a decade ago; this season of delay, waffle and top cover for an out of touch crew will forge the coffin nails for a once flourishing industry . CASA costs much, much, many times more than industry can support; and for what? Who, apart from CASA is living in clover? Not too many industry operators is the right answer,

I have a mate, who has a mate who is a 'graphologist' for various agencies; character analysis through handwriting; I know Aunt Pru's tea leaf readings are in the same bucket; however; the Spence scrawled signature has been forwarded – and we shall see what our tame mystic makes of it. It matters not; my opinion is fully formed and supported by clearly defined evidence. How long can we go on like this? Its pathetic, fueled by fear of retribution and maintained by mind numbing, never ending liability and paperwork. It is unmitigated Bull-shit and it needs to stop. Yesterday would be great, but tomorrow will do.

Toot – bloody –(slightly cranky)  toot.

[Peetwo]

Blatherskite - Episode II

Totally related to all of the above, 2 days ago I received the following email correspondence from Amanda Palmer Branch Manager of the Fort Fumble Comms Branch (plus attachments)  :

OFFICIAL
 

Hi P2

Please find attached disclosure records in relation to the 4 March, 22 April and 2 July 2024 FOI release. 

Regards,

Amanda 

Amanda Palmer (she/her)

Branch Manager

Communications Branch

CASA\Stakeholder Engagement Division

 

1. https://auntypru.com/wp-content/uploads/...y-2024.pdf

UNOFFICIAL

Dear ,

Further to your letter of request dated 8 August 2023, please find attached the following:

1. Letter in reply dated 19 September 2023
2. Attachment A being a timeline of events as referred to in the letter.
3. Appendix setting out various relevant terminology under the civil aviation legislation.

I would be grateful if you could confirm receipt of this email and the attachments.

I note that the information provided is based upon CASA conducting a review of its records and
available information. While we are reasonably confident it is an accurate summation of the
position this task has been conducted in the time allowed and if further information should
come to hand then CASA will notify you accordingly.

As indicated in the letter, I’d be pleased to answer any queries or issues which may arise from
our response.

Kind regards

Anthony Carter

A/g Branch Manager
Litigation, Investigations and Enforcement
CASA\Legal and Regulatory Affairs Division

2. https://auntypru.com/wp-content/uploads/...l-2024.pdf

Coroners Court of Western Australia
Level 10, Central Law Courts
501 Hay Street
PERTH WA 6000

By email only:

Dear

Coronial investigation into the deaths of Amber Jess MILLAR and Troy Robert THOMAS

I refer to your letter of 8 August 2023 advising that the Coroner was presently considering whether
a coronial inquest into the deaths of the individuals named above was desirable in the
circumstances of this case. With a view to informing that decision, you requested the Civil
Authority Safety Authority (CASA) provide a report in respect of the matters set out in your letter.

We thank you for providing the opportunity to address the particular matters raised in your letter
and for allowing additional time to enable us to ensure we provide you with useful information.

Responses to the questions set out in your letter are provided below. As agreed, our input is
provided here in the form of a letter rather than a formal report. While we have endeavoured to be
reasonably comprehensive, the information we provide here is not exhaustive. If more detail
should be required, we will be happy to provide that. In the meantime, we would welcome the
opportunity to clarify or elaborate on any of the information provided below, in writing or in
discussion with you directly.

Recognising that no decision has yet been taken as to whether to proceed with an inquest, CASA
wishes to assure the Coroner of our full cooperation if it is decided that an inquest should be held.
Moreover, we signal here our support for the conduct of an inquest, with a view to ensuring that the
important issues a coronial inquest would canvass are fully and objectively explored.

Please note that important terms and concepts relevant to the issues to hand are defined,
described and explained in the Appendix accompanying this letter.

P2 - IMO it is easy to see why the WA Coroner was subsequently swayed to not conduct a proper Coronial inquest into this tragic accident, given the complete whitewash by the CASA Legal, International and Regulatory Affairs Division...

3. https://auntypru.com/wp-content/uploads/...h-2024.pdf

Extract from the ICC report:

Conflict of interest: observations and conclusions

104. The Civil Aviation Act and the Board Governance Arrangements delineate the functions of the Board and CASA: the Board sets CASA’s strategic direction; while CASA issues permissions. There is no scope for Board members to be involved in the issuing of permissions.

105. The Statement of Expectations imposes an obligation on Board members to facilitate effective interaction between CASA and industry. The Board Governance Arrangements require Board members to encourage CASA Officials to cooperate with others to achieve common objectives.

106. At the same time, the Board must also avoid any actual, potential, or perceived conflicts of interest.

107. There is no guidance for Board members on how they should facilitate effective interaction between industry and CASA while at the same time avoiding perceived conflicts of interest. This is problematic in that from a Board member’s attempts to facilitate effective interaction s 47F Released under the Freedom of Information Act and co-operation with industry, there is a very real risk that a third party could reasonably form the view that a Board member’s facilitation or encouragement has created an advantage or benefit for the industry or industry participant.

108. The background to the CASA Board meeting in Darwin in June 2021 highlights this tension.

109. It is apparent that Mr Bridge facilitated effective interaction and co-operation between CASA and the crocodile egg collection industry. Examples of this include:

a. Mr Bridge was appointed to CASA’s Board on 1 October 2018. On 5 October 2018, Mr Carmody noted to Mr Mathews that he had been approached by Mr Bridge on behalf of about load certification for crocodile egg collection.
b. In March 2021, Mr Bridge arranged for Mr Crawford (as acting DAS) to meet with Mr and helicopter operators involved in crocodile egg collection to demonstrate the sophistication of their operations and equipment, and to discuss the status of ’ STC application.
c. Mr Bridge arranged the Board’s meeting with the light helicopter operators to discuss Part 138 in June 2021.

110. The tension between facilitating that effective interaction and co-operation between CASA and industry and the potential for conflicts of interest to arise is highlighted when reviewing how this facilitation was undertaken.

111. There is no evidence to conclude that Mr Bridge had an actual or potential conflict of interest.

112. However, based on how the relevant correspondence reads, it would also be open to a third party to reasonably form the view that Mr Bridge has a close association with which could (but did not) influence the performance of his duties and responsibilities, constituting a perceived conflict of interest.

113. The reason a third party could reasonably form that view when considering the following in conjunction, or as a series of events:

a. During Mr Bridge’s first week as a Board member, he raised issues with Mr Carmody as CEO/DAS CASA on behalf of .
b. Mr Bridge made subsequent approaches to each DAS (or acting DAS in the case of Mr Crawford) in 2019, 2020 and 2021.
c. Mr Bridge’s email exchange with Mr Carmody on behalf of crocodile egg collecting operators in February 2020 could be interpreted as implying an awareness that he should not be involved in escalating the operators’ concerns to CASA. 21 (Mr Bridge has stated that he had not wanted to be in the middle of communications between s 47F s 47F s 47F s 47F Released s 47F under the Freedom of Information Act CASA and industry participants, and therefore once the issue had been raised at the appropriate level he had expected further communications and resolutions to be handled by those parties.)
d. While Mr Bridge recognised that it was not appropriate for the Board to be involved in day-to-day operational matters or to have any say in any specific approvals, (as opposed to the impact of proposed or actual regulatory changes) on 26 November 2019 he requested CASA look at granting operators the same approvals they had been issued the last two crocodile egg seasons.
e. In his email to dated 26 May 2021, Mr Bridge appears to draw a connection between his remaining tenure on CASA’s Board expiring; the impending introduction of Part 138; and those involved in crocodile egg collection’s concerns with the requirements of Part 138.

114. It is recommended that guidance be developed and incorporated into the Board Governance Arrangements addressing the tension for Board members between their obligation to facilitate effective interaction and co-operation between CASA and industry while also avoiding perceived conflicts of interest arising

Hmm...not sure, after reading that extract (plus other contextual observations by the CASA ICC in his review report) how it is possible not to assess as extreme conflicts of interest (bordering on corruption) by certain Board members and former Executive Managers in the handling of the whole Croco-shite attempted cover-up?? - UFB!!   

MTF...P2 

PS: TICK TOCK FAA Audit...TICK TOCK INDEED!

[Kharon]

Dear John' -

Sub Rosa – mate; three CASA officials (one Board, two Operational) have dropped a rather large Bollock; and, the boomerang is on its return leg through the ICC. I've put the word in; quietly, but we need a 'get out of jail' missive to confound and confuse the matter. Can you oblige?  Thanks mate, see you Wednesday for naked Backgammon and Kool Aide. Yours in mutual Corporate cooperation. Cheers.
-::-

Carter - “I note that the information provided is based upon CASA conducting a review of its records and available information.

Carter - “While we are reasonably confident it is an accurate summation of the position this task has been conducted in the time allowed and if further information should come to hand then CASA will notify you accordingly.”

Seriously? We are expected to believe that the subtle comments made by the ICC are based on the old adage “the truth, the whole truth and nothing but the truth” shall set you free: BOLLOCKS....

104 -“There is no scope for Board members to be involved in the issuing of permissions.”

- However, read on.

107 - “This is problematic in that from a Board member’s attempts to facilitate effective interaction s 47F Released under the Freedom of Information Act and co-operation with industry, there is a very real risk that a third party could reasonably form the view that a Board member’s facilitation or encouragement has created an advantage or benefit for the industry or industry participant.”

No kidding?- - However, read on.

109. “It is apparent that Mr Bridge facilitated effective interaction and co-operation between CASA and the crocodile egg collection industry.”

Apparent? – obvious typo – Transparent transmogrified in support of BOLLOCKS.

109 a.  “Mr Carmody noted to Mr Mathews that he had been approached by Mr Bridge on behalf of about load certification for crocodile egg collection.”

109 b -”In March 2021, Mr Bridge arranged for Mr Crawford (as acting DAS) to meet with Mr and helicopter operators involved in crocodile egg collection to demonstrate the sophistication of their operations and equipment, and to discuss the status of ’ STC application.”

The 'gruesome twosome' of 'dubious and questionable memory' ; sent North to assess things that matter to the safety of operations. The pair that blithely ignored the Broome operation; certification for small matters like 'sling load' qualifications; fast rope rappelling and several 'other' safety based' matters which demanded compliance – or No operations. Aye, of all the choices CASA had – Well you know the rest.

112. However, based on how the relevant correspondence reads, it would also be open to a third party to reasonably form the view that Mr Bridge has a close association with which could (but did not) influence the performance of his duties and responsibilities, constituting a perceived conflict of interest.

'Not guilty' – Short and satisfactory - so says the established proforma; however, and Kudos to the ICC. Note the points following in 113 sketch out just how close to the wind the whole thing was running. Not a problem, not until the wheels come off: and, inevitably – they did. This what they must do when the nuts are loose and fitted by amateurs without skill, integrity, respect for real operational safety and suitable operational knowledge.

113. “The reason a third party could reasonably form that view when considering the following in conjunction, or as a series of events:”

Para' a. to e. pretty much spell out what could be construed, by the man at the back of the room as a lack of corporate integrity or competence or even native common sense. The breathtaking arrogance of it all is, well: breathtaking. No matter; just so long as the ministers bustle ain't ruffled – faites vos jeux - then - Rien de plus.

Toot – toot...

[Peetwo]

Blatherskite - Episode III

The non-transparent Fort Fumble FOI (non-)disclosure log saga continues...

OFFICIAL


Hi P2

Please find attached disclosure records in relation to the 4 March, 22 April and 2 July 2024 FOI release.

Regards,

Amanda

Amanda Palmer (she/her)

Branch Manager

Communications Branch

CASA\Stakeholder Engagement Division

I went back to Amanda Palmer with this reply:

G'day Amanda,

Thanks for the copies of the FOI publicly released documents as I requested. 

Just a thought but wouldn't it be simpler just to include (like CASA did before) a hyperlink for all copies of CASA documents released under the FOI Act?

Kind regards,

P2

Yesterday I got this reply:

Hi P2 

We’re considering how we manage the disclaimer log going forward and how we can easily publish them. Unfortunately, there is considerable work in making these documents accessible (a requirement of the Disability Act and of all government agencies) which is our current challenge in publishing them more broadly on the website as opposed to releasing them on request. 

Regards,

Amanda

Huh! -

But then the penny dropped when CM got a reply to his 26 July 2024 FOI request in regards to the CASA FOI disclosure log:

..All emails and other internal correspondence, meeting minutes or other notes taken, relating to the decision to remove, and the implementation of the decision to remove, from the CASA FOI Disclosure Log, hyperlinks to copies of documents disclosed by CASA pursuant to the FOI Act..

See - HERE - for CM's decision letter and for the released docs refer to this link: https://auntypru.com/wp-content/uploads/...ents-1.pdf

This was CM's response to the CASA decision and released docs:

Re the decision not to include links to disclosed documents in the disclosure log: 

As usual, resources are the problem.   But I see a structural issue, too.  LIRA isn’t managing and running the process.   The process is being managed and run by the spin doctor, ‘Handy Andy’ Marcelja.  His team ‘dropped the ball’ – those are the words in the corro – on keeping the disclosure log up to date and he decided to go with option 3 – which is to provide the disclosed documents on request.  

C

CM also followed up with forwarding this information etc. to former Senator Rex Patrick...

I sent the below to (ex-Senator) Rex Patrick, who’s running an organisation called “Transparency Warrior”.  

Among the many FOI battles he’s won was getting access to the records of the so-called “National Cabinet”, which has no constitutional or other special legal status and is not the “Cabinet” whose documents are exempt from disclosure under FOI.  

He made an FOI application for National Cabinet records of its meeting on date X, was knocked back by the bureaucracy on the basis that National Cabinet was an extension of the Cabinet.   He applied to the AAT and the AAT said the National Cabinet is not an extension of the Cabinet and, therefore, the Cabinet exemption did not apply.  

Rex Patrick then made an FOI request for records of the National Cabinet meeting on day Y.   Oh no, said the bureaucracy:   AAT decisions have no general precedent application and so we’re going to knock you back on the basis of the Cabinet exemption!   The same dirty trick was played in RoboDebt when individuals won in the AAT because the AAT said the method of ‘raising debts’ was unlawful.   According to the bureaucracy, each application had to be considered on its facts and the basic legal principle at the heart of the AAT’s decision – the method of raising debts being unlawful – was, well, errrmmm ummmm not a precedent. 

CASA – usually Avmed – plays the same dirty trick.   No matter how many times the AAT has said that the Avmed doctor who made the decision under review is not qualified to express an expert opinion on the substance of their own decision, CASA keeps trotting the decision-maker out as a qualified expert in AAT reviews of that person’s own decision!  And – surprise surprise – their expert view is that their opinion on the medical issues is correct!     

This falls within my definition of “corruption”.   My definition extends way beyond mere exchanges of bags of cash for favours. 

Anyway, the FOI decision letter sent to me by CASA (which I’ve forwarded to Rex Patrick) cites a 2002 AAT decision as having general precedent application, supporting the redaction of the names of bureaucrats involved in the subject matter of an FOI request!   Have to admire the chutzpah, though. 

C

Much MTF...P2

[Peetwo]

AMROBA BREAKING NEWS!

Via AP emails:

To all members,
 
Breaking News, September 2024. 

Aviation is a dynamic industry that is ever changing. Regulations and regulatory standards need to change too.

Civil aviation regulatory changes, especially prescriptive regulations and standards are a restriction of innovation and dynamic changes.

When regulations have been introduced, e.g. Part 66 that saw a drop in LAMEs being produced from 300 pa to 130pa, refer White Paper, then these regulations definitely have not benefited the employers and training industry.

Like CASR Part 21 that is unique in the world that approve Class products that no other nation use. There are many samples.

I can remember when I was involved, we asked what benefits a proposed change will be for the industry. Safety, economical, reduced red tape,

We understand the machinery of government that only provides for limited time during each government to submit amendments into parliament.

To keep aviation regulations and standards current in a dynamic industry, regulatory changes should be happening regularly.

After all, industry has no option but to move with the times, it would be nice if governments could keep regulations and standards current with a continually modernising program.

I have placed a list of regulatory changes that CASA must find it hard to submit to government for change. 

Sadly, we just have to get use to lack of regulatory change to benefit safety and the industry. 

Ken Cannane

Executive Director

AMROBA

Phone: (02) 97592715

Mobile: 0408029329

www.amroba.org.au

Safety All Around.
 

Plus: 









On the subject of increased regulatory imposed costs, perhaps it is time that industry stakeholders got together and consulted to the Scrutiny of Delegated Legislation Committee and/or the Scrutiny of Bills Committee in order to disallow legislative instruments and/or challenge/amend intended new CASA introduced Bills?

Example of the power these Committees do have if and when they decide there is an issue in the draft legislation:

From the 21 August 2024 DLM:

CASA EX32/24 — Flight Crew Licensing
and Other Matters (Miscellaneous
Exemptions) Instrument 2024
[F2024L00614]

The agency undertook to progress
amendments to the instrument to address
the committee's scrutiny concerns regarding
principle (f).

16 August 2024

---

CASA EX32/24 — Flight Crew Licensing
and Other Matters (Miscellaneous
Exemptions) Instrument 2024
[F2024L00614]

The agency undertook to progress
amendments to the explanatory statement to
address the committee's scrutiny concerns
regarding principle (f).

16 August 2024

Principle (f) by the way reads...

(f) it, and any document it incorporates, may be freely accessed and used;

MTF...P2

[Peetwo]

CASA seeking OP on RAAus & SAA CTA access?? (who gives a rat's?? -  )

Via Su_Spence media minions oblique news media page...

Type: News
Date: 9 September 2024
We are seeking feedback on our proposal that will allow sport and recreational pilots greater access to controlled airspace and aerodromes.



Your feedback and ideas will assist us to increase sport and recreational opportunities as part of our General Aviation Workplan.

The proposal

We are proposing to allow approved self-administering aviation organisations (ASAOs) to give their pilots permission to operate in controlled airspace and at controlled aerodromes.

The proposal has been developed with input from ASAOs, and they have provided valuable insight into ASAO capability to utilise the policy.

Under the proposal, pilots will need to meet established CASA requirements for:

• English language proficiency
  
• competency in using a radio to communicate with air traffic control
  
• pilot competencies, including in navigation, flight planning, emergency, weather and airspace clearances
  
• minimum medical requirements.
  

Aircraft will be required to carry equipment such as radio communication and surveillance equipment and meet all established serviceability and reliability requirements.

Part 149 of CASR sets out the legislative framework by which ASAOs are approved and administer their activities.

Policy objectives

The objectives of the proposed policy are to:

• increase the accessibility of controlled airspace and controlled aerodromes for ASAO pilots and aircraft while maintaining existing levels of aviation safety
  
• ensure appropriate commonality across the aviation sector regarding the competency standards and other standards applicable to accessing controlled airspace and controlled aerodromes
  
• reduce regulatory burden for ASAO aviation participants.
  

Feedback

Your feedback will help us make sure the proposed requirements are suitable.

Comment now via the Consultation Hub by 27 September 2024.

Plus today:

Type: News
Date: 12 September 2024

We are seeking feedback on our policy proposal to allow Part 138 aerial work certificate holders to carry firefighting personnel to and from a location in the vicinity of a fireground in rotorcraft for hire or reward.


This proposal is to permit the carriage of firefighting personnel as aerial work passengers within the vicinity of a fireground under the aerial work rules as an alternative to the air transport rules.

Key aspects of the proposal include:

• Using the Part 138 aerial work rules instead of the Part 119 and Part 133 rotorcraft air transport rules including the classification of aircraft and maximum of 9 aerial work passenger limits.
  
• Eliminating the need for an Air Operator's Certificate (AOC), provided personnel are fully prepared, informed of, and accept the higher risks involved in such operations.
  
• Applies to operational assignments managed by State or Territory emergency services organisations where personnel are being located to carry out ground-based firefighting.
  

Fighting fires is an essential and critical public interest and benefit activity across Australia and involves many operators and people including volunteers working with State and Territory emergency service organisations. This requires effective rules to ensure the safety of the operation, the people involved and property on the ground.

Aircraft operators and fire control agencies have told us the operational environment of the fireground for rotorcraft operations may be more closely aligned with the aerial work rules. They involve operations with a higher level of pre-flight uncertainty about the conditions of the landing site when compared to typical rotorcraft air transport passenger carrying flights.

Joe Rule, Branch Manager Flight Standards, says 'we have been working closely with the Australasian Fire and Emergency Services Authorities Council (AFAC) and the AFAC Aviation Safety Group to develop this draft proposal.

'We have listened to the emergency services agencies and aircraft operators who provide these vital community services and together established a more efficient and effective approach to managing aviation firefighting operations.'

The proposed changes provide relief and flexibility to some of the rules to match the dynamic nature of firefighting operations and the need to ensure safety for all is maintained.

'I strongly encourage operators and personnel who may be affected by this proposal to provide their feedback.'

Have your say via our Consultation hub by 10 October 2024.

MTF...P2