[Ziggy]

  The Seven Year Ditch.


How Departmental relationships come and go. Individuals sift in and out. Move forward towards their employment goals. Some leave behind a tornado of mess. 
Most keep their Blinkers to Reality on. Continuing in their ConsciousComa thinking.

Uniting in their Teflon Dome, glances are made, comments whispered and truths tarnished.
Over Seven years, new agency and bureaucratic  relationships have formed with the old ways in situ.

This story, still, with no common sense ending! Suspended in shelved jelly by the non-acccountables.
Seven years, now spilling into eight, is an extraordinary length of time to still have zero outcomes. Despite all the reports/audits/senate etc that have been carried out. All with issues that remain to be addressed.
More concerning is that the Safety Outcomes have been compromised in the disgraceful evolution of the Pel-Air siltuatuon.

The Haunting of some previous individuals and a few current ones.
A complex clan of corrupt players that suffocate any common sense out of the Australian Aviation Portfolio.

A failing System is evident. A system will usually work, mechanically speaking. With the intent to function well and continue a natural progression of improvement.
It's the people in that System which upsets the sequence of it's intended function.
Human factors within this Systemic failure is needed to be microscoped.
Analysis of the behaviour of those involved with the Investigation and their political/bureaucratic ties.

I'm sure the word "narcissistic" would be mentioned a few times along with "pathological" and "detached from the reality of this situation".

Any reasonable Minister would have had this ugly, cruel and unsafe practise remedied. Too much autonomy with their rules and games.
They need to be expelled from their positions and replaced with un-institutionlised minds. 
People who actually give a shit about their industry, can accept accountability, learn and move on. With a swift approach of competence.
It is a shame that after all these years, the conveyor belt of departmental drones remains programmed by the Men of the Institiution of Non-Accountability.

Zig 

[thorn bird]

Zig's,

so eloquently put and for our politicians eternal shame, so true.

'nil carborundum illegitimi'.

Maintain the rage girl.

[Sandy Reith]

Ziggy has identified the nub of the problem. The model of governance by a so called independent corporation is a failed model. A statement of expectations by the Minister, every once in a while, and a Board with no power over the CEO, the fatuously termed "Director of Air Safety", has failed dismally. The rules are a disaster, the latest tranche only two years old but 26 years in the making have to be overhauled because they are unworkable. The waste of money has been astronomical, the direct costs to industry and lost opportunity costs would run into billions. Only public profile and political pressure will make any hoped for improvements. Contact your MP and Senators.

[Kharon]

Trough city – here I come.

Sandy – “Ziggy has identified the nub of the problem.”

I’d say just about everyone in the industry has ‘identified’ the problem; this is not a new notion and the country has been falling over it, too lazy to shift it for a quite a while now.

Sandy – “The model of governance by a so called independent corporation is a failed model.”

But, is it ‘failed’?  As far as politicians are concerned it is a resounding success; look at it from DDDD’s and his ‘party’s point of view:-

Chester is almost ‘the’ perfect example of why the system has been so popular with politicians, for so long. Now then , to avoid any bother we’ll invent a ‘suitable’ candidate for our working example: lets call him Mr. Nice Guy – (NG) for short.  This fellah has all the charm and charisma needed to woo the local ladies WVS, the church knitting circle and a couple of car yard owners with money, but wanting more, throw in a couple of local council layabouts and a shady business connection and – we have a candidate. The women go home and nag the menfolk – singing NG’s praises, the ‘cronies’ all get behind the push and; come election time, we have a member – who is obliged and knows he’s obliged. So, he must retain that popularity and look like keeping his promises, those which got him elected. He must now sing for his supper (and super).

Well, through various, nefarious alliances, our hero ends up a minister. Qualifications – zero; experience – zero; ideas – zero. But there he sits – minister of NFI with only one real ambition – retain his seat; his party also want this to maintain their margin. So, our hapless hero needs help. No is problem. Enter the highly paid ‘departmental experts’ to advise, foster and promote NG. All he has to do is keep the smiling photographs pouring through to the electorate – in various poses, from the ‘Statesman’ look, to the ‘wind-swept and interesting; and always look ‘busy’. There is nothing else to worry or care about and most definitely, no thinking allowed: in fact, this is actively discouraged.

It’s when the wheel comes off the wagon that real benefits of the ‘ministerial minder system’ shines through. “ I was badly advised, my highly paid experts, best in the world stuffed it up”. “But don’t worry folks; we have had an inquiry and the perceived problems of probable conflicted interests have been remedied, by me; your candidate for re-elections. Big smile, selfie, toss of the golden mane and it’s back on the horse, no damage done to the candidate, or the party.

Mate, that system is worth every penny of our money shameless, feckless, self interested government pours into it. The fact that the country is going to the dogs just don’t signify – so long as there is no real responsibility for stewardship of the nations well being and a plethora of sacrificial lambs; our hero, NG can sit back, relax and count his benefits – provided the knitting circles and the MKR crowd still ‘love’ him.  Lets face it, that is his real job, to keep his seat for the benefit of his party – nothing else is worthy of consideration – and anyway the team is always on hand to provided the words and answers; if only NG remembers his lines – all is well.

Reporter – “Have you any comment to make on the Casey situation minister?

NG – “oh, is that the poor women hurt in a minor aircraft accident?

Reporter – “Yes minister, that’s the one.

NG – “So sad about that, my experts at CASA and the ATSB assure me that all is well and, the results of my inquiry into the incident will be available sometime within the next 24 months. It is a difficult task for them, as you may know, they are investigating themselves”. “Thankyou – next”.  Big smile, a wave for the drooling masses. {Thinks} - big decision pending – fish of steak for lunch and the blonde or the red-head for dessert; Hmm, life’s tough.

Duck protest, where do I sign up.

[Peetwo]

In the aftermath -

For obvious reasons I thought the following posts - off the Accidents - OS thread - worth regurgitating here... :

Update 05/12/16: The knock on effect of poor NAA oversight.

Update 08/12/16:
Via Fox News Latino:

Bolivia arrests Lamia Airlines chief after lack of fuel caused crash that killed 71 people
Published December 06, 2016

The implications of survival in AAI -

The following is an excellent article by Joseph Wheeler (courtesy the Oz) which considers the implications for survivors and the further psychological trauma they are exposed to post accident/incident:

Colombia air disaster survivors endure hearing crash tapes

• Joseph Wheeler
  
• The Australian
  
• 12:00AM December 9, 2016
  

Imagine surviving a catastrophic airline disaster and then having to listen to the news playing sound recordings of those last moments of terror.

It is something the survivors of last week’s air crash tragedy in Colombia regrettably will have to endure.

The crash will long be remembered for the deeply disturbing tapes that have been released outside the context of an official Annex 13 air accident investigation. The nation of Brazil mourns, the sporting world mourns; and the world of air accident investigation mourns the irretrievable cost of leaks of such sensitive recorded information which, properly decoded in context, will be one of the keys to properly determining just what went wrong.

It is not often that there are survivors to such disasters and their evidence about the aircraft’s final flight will also be important in settling the actual events that led to the accident. But think of the life that awaits them: injured, scarred, and robbed of sleep by the moments of terror and sights imprinted into their minds — sights that no one should ever see.

Their futures may be marred by a single night in November when disaster struck, and publicly available information that should never have been made free for all to hear — particularly those recovering as survivors of the crash itself.

Meanwhile, on the other side of the world many others experienced a similar kind of terror — the shock precipitated by reportedly severe turbulence that injured seven people as they came to land in Sydney on an Air China flight.

Is there anything in common with the two events as markedly separated as they were in location and cause? It turns out that precisely the same international law potentially applies to both incidents to control the liability of the respective air carriers for death, and injury. In some ways it seems anomalous that a charter flight in South America, a simple point-to-point operation should be in the same category as an international airline’s long-haul flight from Asia to Australia — but the law was designed to make it simpler for those involved to access justice.

In both cases those injured or the families of the victims have recourse against the carrier by way of strict liability (meaning negligence does not need to be proven) with compensation payable to them essentially limited only by their proven financial losses.

In both cases, the essential element of the law applying is the fact that a contract of carriage was in place and the carriage was “international”.

There is a major battle in international air law over the specific circumstances when compensation may be paid for psychiatric injury by air carriers for surviving air passengers — and it is happening in Australia.

The case arises out of the 2009 ditching near Norfolk Island of a medevac aircraft operated between Samoa and Melbourne. Nurse Karen Casey is battling for the right to compensation for her mental injuries, particularly post traumatic stress disorder as a species of “bodily injury” rather than “pure” psychiatric injury.

The distinction is an important one and, because of the nature of international air law, the results of the appeal, presently being decided after a hearing in late November, will certainly have implications for claims made by those survivors who suffer PTSD.

If the appeal succeeds, then the prospect of compensation for PTSD following the terror of surviving an air accident will be lost; if the appeal is dismissed, the decision opens the way for those suffering PTSD (whether in Australia, following severe turbulence, or the jungles of South America, following a crash) to hold the air carrier accountable for the very real mental anguish suffered.

Joseph Wheeler is the principal of IALPG, national head of aviation law at Maurice Blackburn Lawyers, and aviation legal counsel to the Australian Federation of Air Pilots.

MTF...P2

Well said Mr. Wheeler.

It is most refreshing to read an accurate, concise summary on air accident aftermath, in particular on the legal ramifications. If – gods forbid – but if Australia looses an aircraft the wise words spoken, warning government, will return to haunt.

The world wide aviation industry tries, very hard, to learn the lessons, writ in blood and fire taught by every accident and incident. Nearly every occurrence bring about ‘change’ – in one form or another – as the reasons for the event become clear. Government seems to avoid taking these essential steps, living in a fools paradise, believing it cannot happen here.

Granted, the percentage chances are low, but we have come awfully close the abyss, several times in the last few years and it is a numbers game. The government rump, like it or not, is well and truly exposed. Simply denying that any government agency could be part of the causal chain will not withstand, nor satisfy close examination. There are enough loose ends in the government's knitting to keep a quarrel of lawyers gainfully employed for many years.

The crash in Brazil for example seems, from information available, simple enough to fathom. The aircraft ran out of fuel; pilot error plain and simple. But – the penalties for carrying insufficient reserve failed to act as a deterrent – however; those for declaring a fuel emergency did not fail. Had the crew ‘declared’ they may, just, have squeaked into an area suitable for a survivable landing. Sure, its debatable, but the reality is stark.  The ‘law’ failed to prevent an accident; twice.  It is this failing which must be addressed; more bad law heaped on existing bad law simply creates anarchy. The intent cannot be prevented by the written word. Never could: well, not before the fact anyway.

Toot toot.

While we are at it for the record (& for those who missed it), Senator Xenophon's Estimates QON for an update to the ATSB PelAir cover-up reinvestigation was actually answered by the due date. However the AQON was just a copy off the ATSB website's latest obfuscated bollocks update:

ATTACHMENT A

The investigation team is now finalising the draft report and has started an internal review process. Once the internal review is completed, the report will be handed to the ATSB Commission for their consideration and approval. The ATSB will then provide the draft report to directly involved parties for their comment and feedback. Given the broad-ranging and complex nature of the investigation, and the size of the report, the draft report is now expected to be released to directly involved parties in early 2017.

The investigation process has required a cycle of continuing review of the evidence and the acquisition of new evidence as knowledge gaps and new lines of enquiry have been identified. Further, the ATSB has not sought to confine the scope of the reopened Norfolk Island investigation in the way that it normally would to manage its overall investigation outputs recognising the interests of all parties involved, as well as the Senate Inquiry and the Canadian Transportation Safety Board review of the original ATSB investigation.

A significant amount of detail is required to explain the findings, which are based on a rigorous application of the ATSB’s analysis methodology. To date, the investigation team has acquired and analysed an extensive range of evidence as part of the new investigation. This includes:

• reviewing evidence from the ATSB’s original investigation, and obtaining and reviewing evidence from CASA’s investigation of the accident, CASA’s special audit conducted soon after the accident

• recovering and analysing data from the aircraft’s flight recorders

• re-interviewing the flight crew and medical crew from the accident flight, and conducting over 30 additional interviews, including with 14 Pel-Air Westwind pilots, eight other Pel-Air personnel and six CASA personnel

• obtaining and analysing wind and temperature data, and integrating this information with Flight Data Recorder data, Cockpit Voice Recorder data, Air Traffic Control data, flight crew interviews and refuelling records to provide the best estimate of the aircraft’s fuel status during the accident flight

• obtaining and analysing 8 years of Westwind flight records from the operator’s fleet to examine fuel management aspects for different types of flights, particularly flights to remote aerodromes and air ambulance flights. This also involved obtaining and analysing meteorological information and other information for several flights

• obtaining and reviewing a substantial amount of documentation from the operator, including documentation from the operator’s safety management group meetings, selected samples of incident/hazard/fatigue reports, audit reports, flight crew training records for 18 Westwind pilots, and duty periods for all Westwind pilots for the 6 months prior to the accident

• obtaining and reviewing 10 years of CASA documentation associated with the operator’s Air Operator Certificates

• reviewing documentation from the air traffic services’ providers in Fiji and New Zealand about their policies and procedures for the provision of flight information, and how these were applied during the accident flight. Information was also obtained and analysed regarding how operations in Reduced Vertical Separation Minimum airspace were conducted.

The re-opened investigation has also involved many other activities, some of which have been outlined in the ATSB’s progress web updates.

The ATSB recognises the importance of being able to demonstrate that the reopened investigation addresses identified areas for improvement with the original investigation. Given the size of the report and the complexity of many of the issues, it is difficult to predict how long the draft review and final report processes will take, although it is likely to extend beyond those typical of more routine investigations/reports. After the draft report review process is complete, the ATSB should have a better understanding of a more specific likely timing for the release of the final report.

    
Which was dutifully rehashed by the slightly less invisible Manning at the extra Supp Estimates hearing:

Senator McCARTHY: Thank you. On Pel-Air, where is the Pel-Air reinvestigation report?

Mr Hood: Thank you for the question. In my opening remarks, which I have tabled—

Senator McCARTHY: I have them here.

Mr Hood: The accident occurred when I was involved in regulatory oversight with the Civil Aviation Safety Authority. Prior to my appointment as the chief commissioner of the ATSB, I declared to the minister and to the ATSB commission a potential or perceived conflict of interest in relation to my involvement and approval in that report. With that in mind, the proposal I put forward to the minister and to the commission is that Captain Chris Manning would be the commissioner who would be responsible for the ongoing approval of and release of that report. As a result of this committee and the ASRR, the Aviation Safety Regulation Review, which recommended the appointment of an aviation commissioner, Captain Manning is the first aviation commissioner of the ATSB. He is a former chief pilot at Qantas and the former president of the Australian and International Pilots Association. So he is very well-qualified in this area. With respect to my conflict of interest—or perceived or potential—Captain Chris Manning and the other aspect are being cared for by Pat Hornby, who is the manager of our legal services, so for any questions I will defer to those two.

Senator McCARTHY: Where is the reinvestigation report is at?

Capt. Manning: An investigation update was put on the ATSB website yesterday. That goes into a time line and to what is being done. It is a significant update. It says that the draft report, which is the first iteration, should be ready, and I expect will be ready, early in January. The three commissioners then look at it. That normally takes a week but this report is in excess of 300 pages. Assuming that the report passes that step, it then goes to the directly involved parties, who are people and companies directly affected by the report. They normally get 28 days reply, but it is not unusual to ask for an extension, especially given it is in the January/February area and the length of this report. It would not surprise me if they had an extension. Depending upon their replies—whether they are issues of fact or comment—then the final report is written.

Mr Hornby: If I may, we have a copy of the investigation update that went onto our website. I can table that.

Senator McCARTHY: Thank you, Mr Hornby. Given that that information went up yesterday and, obviously, with over 300 pages to read there is quite a significant amount to read there, what steps might have been taken on the 26 recommendations from the Senate inquiry arising from the incident? Or are you saying that that—

Capt. Manning: All of the inquiries and all of the comments have been taken into consideration. That is one reason why, obviously, the report is extremely detailed—because the ATSB fully acknowledges that they have to be all answered.

 
MTF...P2

[thorn bird]

K, what are the odds currently that the reports findings are

"The Pilot Dunnit"?

He must have Dunnit because McComic said so.

His head henchman in NSW "Wodger", conducted the death sentence by a thousand requirements.

His lesser underlings followed up to make sure the pilots career was well and truly dead by rumour,
innuendo, and subtle threats.

If they find that the pilot didn't dunnit after all, there would be a rather large risk of compensating to the pilot surely for unwarranted execution?

Oh sorry CAsA is NEVER wrong are they, and the ATSB is well under control of the VooDoo doctor, the outcome of the enquiry was ordained years ago, why was I imagining it would be a "real" investigation? silly boy!

Silly question, sorry.

[Ziggy]

RIP Bernie Currall

Two years ago today, a brave woman lost her battle with surviving survival.

For my dear patient and friend,

I am sorry the retrieval failed you.
I am sorry we ditched into the ocean and changed the course of your short life.

I am ashamed of the treatment by the Aviation agencies involved.
No matter how many facts that have been presented about the preventability of this crash, all have been brushed aside, covered up in the name of accountability.

I am sorry that the Honourable ones that we are to trust and confide in, turned their back on us and contributed to your struggle, rather than support you.
I am sorry that the lawmakers that should have protected you, did the exact opposite and denied your right to psychological treatment.

I am sorry They Never said Sorry.

Could have been different in so many ways, on so many levels IF the scramble to cover up was trumped by honesty and integrity.
We still wait for this day to come.

Will always remember my ocean pal, Bernie.
A kind, warm, funny as ever, brave friend.
Missed with all my heart

[Kharon]

Hell; last exit 1 Km.

Well, today’s the day for Karen Casey. In the Supreme Court what is hoped to be the final ruling on her matter will be handed down. Obviously, it is a big day for Karen, the end of a long hard journey to a major life cross road. Time and space, free of the ‘case’ hanging over her head to make decisions and choose a new pathway; as she must. The learning, skill and experience which she worked so hard to gain to frame a career as a highly qualified Flight nurse is now a redundant memory, the career must seem like dream of a life which could have been. That now denied through no fault of her own.

We must however, for sake of clarity, separate the major items of this story into its basic elements if the messages and lessons within this twisted tale are to be fully understood.

The accident in essence seems simple enough to understand; and, taken a face value could be passed off as such, the aircraft ran out of fuel and ditched. End of. The complexities of how this event was allowed to occur reflect many of the ‘fault lines’ within the Australian safety oversight framework; particularly those within the CASA. Legal and operational flaws within the system which has, for three decades, been attempting to reform itself, chewing through an estimated AU$ 400,000,000 in the process to produce the current unusable, incompatible, huge volumes of regulation which do little except provide a guarantee of ‘safe conviction’ and incredible compliance costs. The calls for reform of both the regulator which exercises untrammelled power without responsibility; and, the laws which allow such burdens to be placed on industry have, thus far been loud, long and fruitless.

The investigation into the accident by the ATSB was the subject of a Senate inquiry. The revelations and recommendation stemming from that inquiry clearly and unequivocally proved that not only were the regulator and regulations flawed, but the 'system' could be manipulated to suit. The inquiry also proved that the ATSB was incapable of not only providing an impartial, honest, factual report of the accident; but could be persuaded to alter their findings to support the CASA escape from governmental embarrassment.

Despite the Senate inquiry and the ASRR and the Canadian TSBC reports, all concluding that there was a real need for real reform; nothing has changed for the better. In fact matters are worse now than they have ever been. Both major agencies have raised the drawbridge and wallow in denial, behind closed doors dedicated to bamboozling a hapless minister.

What has all of this to do with Karen and he day in court, you ask? Well, pretty much everything and nothing. Had the system not failed, in primus, then the accident may not have occurred. Had the system been ‘honest’ then Karen’s matter would have been resolved years ago and Bernie Curral may not have taken her own life. Had there not been so many system faults to cover over and the political imperative removed; the case could, indeed should, have led to a better safety net system being instituted several years and many millions of dollars ago. As matters stand now, nothing of benefit to the nation or the travelling public has eventuated.

From a purely ‘business’ perspective Karen’s case is a game changer. The cost of travel will increase as insurance premiums must rise to cover the additional compensation a ruling in Karen’s favour will generate. Had the responsible agencies simply done their jobs, properly, none of this would be occurring; or, at very least the matter would have been quietly consigned to the archives, no foul no penalty. The insane amounts of money this episode has cost the public beggars the imagination; the damage done incalculable. But, we are least spared the repair bill; the system just keeps rolling along, minister in tow, the whole thing swept to the side of the road and left there to become just another small pile of flyblown rot.

The courage, tenacity and strength Karen Casey has demonstrated to get through a terrible ordeal is remarkable. To loose one’s ability to work, live with constant pain, despair and doubt is enough to unhinge the strongest of us. To have to battle two powerful government agencies, major insurance companies and political interest, alone, without even the support of the worlds flight nurse associations is a daunting task; even for those hale, hearty and funded

Well, as I said, today draws a line in the sand for Karen; a watershed. Lets hope there is a holiday on the horizon, a chance to heal and return to herself. Win, loose or draw this one small lady has withstood a stern test, right to the end. Perhaps her courage will inspire the ATSB to finally publish their ‘report’ on the accident – heaven knows they have been waiting as long as Karen for this day.

Good luck today Kaz; you know the rest. Courage, and shuffle the cards.

Toot toot.

[Cap'n Wannabe]

Good luck Karen.

[Gobbledock]

Karen,

Hopefully after today you can put the worst behind you. The memories and pain will remain but they diminish over time. From the bottom of my heart I hope you get some peace and solace and you can start the healing process full swing, you find a place in your mind and heart that you can call home, a place where tranquility resides in its own safe sanctuary that nobody can take away from you.

P.S
The Styx Houseboat needs to pick up a few additional passengers in the near future. I'm sure Kharon won't mind if you take the wheel for a day or two!

Affectionately
Gobbles

[Peetwo]

Hell; last exit 1 Km.

Well, today’s the day for Karen Casey. In the Supreme Court what is hoped to be the final ruling on her matter will be handed down. Obviously, it is a big day for Karen, the end of a long hard journey to a major life cross road. Time and space, free of the ‘case’ hanging over her head to make decisions and choose a new pathway; as she must. The learning, skill and experience which she worked so hard to gain to frame a career as a highly qualified Flight nurse is now a redundant memory, the career must seem like dream of a life which could have been. That now denied through no fault of her own.

We must however, for sake of clarity, separate the major items of this story into its basic elements if the messages and lessons within this twisted tale are to be fully understood.

The accident in essence seems simple enough to understand; and, taken a face value could be passed off as such, the aircraft ran out of fuel and ditched. End of. The complexities of how this event was allowed to occur reflect many of the ‘fault lines’ within the Australian safety oversight framework; particularly those within the CASA. Legal and operational flaws within the system which has, for three decades, been attempting to reform itself, chewing through an estimated AU$ 400,000,000 in the process to produce the current unusable, incompatible, huge volumes of regulation which do little except provide a guarantee of ‘safe conviction’ and incredible compliance costs. The calls for reform of both the regulator which exercises untrammelled power without responsibility; and, the laws which allow such burdens to be placed on industry have, thus far been loud, long and fruitless.

The investigation into the accident by the ATSB was the subject of a Senate inquiry. The revelations and recommendation stemming from that inquiry clearly and unequivocally proved that not only were the regulator and regulations flawed, but the 'system' could be manipulated to suit. The inquiry also proved that the ATSB was incapable of not only providing an impartial, honest, factual report of the accident; but could be persuaded to alter their findings to support the CASA escape from governmental embarrassment.

Despite the Senate inquiry and the ASRR and the Canadian TSBC reports, all concluding that there was a real need for real reform; nothing has changed for the better. In fact matters are worse now than they have ever been. Both major agencies have raised the drawbridge and wallow in denial, behind closed doors dedicated to bamboozling a hapless minister.

What has all of this to do with Karen and he day in court, you ask? Well, pretty much everything and nothing. Had the system not failed, in primus, then the accident may not have occurred. Had the system been ‘honest’ then Karen’s matter would have been resolved years ago and Bernie Curral may not have taken her own life. Had there not been so many system faults to cover over and the political imperative removed; the case could, indeed should, have led to a better safety net system being instituted several years and many millions of dollars ago. As matters stand now, nothing of benefit to the nation or the travelling public has eventuated.

From a purely ‘business’ perspective Karen’s case is a game changer. The cost of travel will increase as insurance premiums must rise to cover the additional compensation a ruling in Karen’s favour will generate. Had the responsible agencies simply done their jobs, properly, none of this would be occurring; or, at very least the matter would have been quietly consigned to the archives, no foul no penalty. The insane amounts of money this episode has cost the public beggars the imagination; the damage done incalculable. But, we are least spared the repair bill; the system just keeps rolling along, minister in tow, the whole thing swept to the side of the road and left there to become just another small pile of flyblown rot.

The courage, tenacity and strength Karen Casey has demonstrated to get through a terrible ordeal is remarkable. To loose one’s ability to work, live with constant pain, despair and doubt is enough to unhinge the strongest of us. To have to battle two powerful government agencies, major insurance companies and political interest, alone, without even the support of the worlds flight nurse associations is a daunting task; even for those hale, hearty and funded

Well, as I said, today draws a line in the sand for Karen; a watershed. Lets hope there is a holiday on the horizon, a chance to heal and return to herself. Win, loose or draw this one small lady has withstood a stern test, right to the end. Perhaps her courage will inspire the ATSB to finally publish their ‘report’ on the accident – heaven knows they have been waiting as long as Karen for this day.

Good luck today Kaz; you know the rest. Courage, and shuffle the cards.

Toot toot.

Good luck Karen.

Karen,

Hopefully after today you can put the worst behind you. The memories and pain will remain but they diminish over time. From the bottom of my heart I hope you get some peace and solace and you can start the healing process full swing, you find a place in your mind and heart that you can call home, a place where tranquility resides in its own safe sanctuary that nobody can take away from you.

P.S
The Styx Houseboat needs to pick up a few additional passengers in the near future. I'm sure Kharon won't mind if you take the wheel for a day or two!

Affectionately
Gobbles

Kaz Casey - Reflecting the sentiments of all of the above, I had all my fingers & toes crossed for a positive outcome today and it would appear that you will finally get the closure that you well and truly deserve... : Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 (9 March 2017) 

Well done that girl...


MTF...P2

[Kharon]

Best possible result.

The phone rang yesterday afternoon – Karen Casey calling. “Hiya” says I, not knowing what to expect; the tone of voice gave it away – colour me happy. “Best result possible” says she. “Well done” says I – “tell me all”. It was a lengthy conversation, but it seems that for Karen the legal battle is over and provided there are no further appeals, life may return to some semblance of ‘normal’. It may take a while to shake off the ‘dread’ and uncertainty but the positive outlook and natural resilience shown thus far will see Karen through; which is all most of us want for her.

There are a couple of items which deserve some attention and when the dust settles a bit we may give those ‘items of interest’ that attention. For example some of the ‘unsettling’ telephone conversations which Karen has kept silent about, some of the ‘treatment’ and surveillance tactics used; and, perhaps a little look at the ATSB behaviour during the time.  That story a little later, I promise.

From what I can gather and stand to be corrected, it seems that the Pel-Air crew won the ‘appeal’. The transcript will provide further detail, the potted version runs along the lines that anyone who wishes to claim PTSD as a result of an aircraft accident must provide ‘scientific evidence’ of the claim and have that accepted into evidence; before rolling the court dice. Taken to an extreme this means that if you have an MRI scan done before you are involved in an accident, then have one done after the event, then you can prove that the accident caused the PTSD. As said, I may have that arse about, but it seems to make sense. MTF when I’ve had a look at the transcript.

None of this matters today; the first day of the rest of Karen’s life. Take a breather.

Old Jack Gibson would smile and say "Played strong, done good".

Toot toot.

[ventus45]

The "implied" tactics reminds me of what happened to some of the victims and relatives of the Granville Rail Disaster, the Bold Street Bridge Crash.  Anyone in Sydney of teenage or greater at the time will never forget it.  They made a movie about it - "The Day of the Roses".  The movie did make a point of showing the "tactics".  Definitely worth watching. http://www.ebay.com.au/itm/like/302240771578?chn=ps

It was horrific, for all concerned, especially the emergency services people.  A mate of mine back then ended up dating a girl a few years later who was a nurse on scene.  She did not talk about it much.

https://en.wikipedia.org/wiki/Granville_rail_disaster

40th Anniversary
http://www.abc.net.au/news/2017-01-18/gr...al/8190150
http://www.abc.net.au/news/2017-01-17/gr...ry/8186222

[Gobbledock]

Shades of Erebus

Another case example is the grief that surviving family members of the crew and families that died in the Erebus crash went through back in 1979. New Zealand had a worm of a Prime Minister desperate to remove blame from his precious Air New Zealand and who, as Prime Minister and Finance Minister, was desperate to save the airline, to save its face and its possible financial ruin as a result of negligence claims. Sound familiar? A Government wanting to protect its 'mates' as well as its precious money by screwing over the little guy?

The airline was grossly negligent in changing the navigation co-ordinates early in the morning on the day of the flight and not informing the PIC. Daughters of Erebus is the story of five people who were left behind and how the whole tragedy affected their lives. On the night of the crash, Maria Collins - wife of captain Jim Collins - was a 45-year-old mother of four girls, Kathryn, 15, Elizabeth, 13, Phillipa, 9 and Adrienne who was 6 years old. That night, their lives changed. They are all quite different, all strong, independent individuals, much like Karen Casey. All innocent yet treated like animals.

The Collins girls all became forever "collateral damage" of both the accident and the Chief Inspector's findings (he too was a Government footstool and pathetic parasite. Sound familiar, Greg?) They have never been able to end their grief.

But that is Politicians and bureaucrats for you. Unlesss the money is going into their own pockets or into offshore bank accounts they couldn't give a shit about anyone or anything else. Conscienceless, corrupt, lowlife vermin. The sooner Western society ALL jump on the bandwagon and vote these traditionalist outdated dross out, the better the world will become......

Well done Karen. X

[Sandy Reith]

Gobbles, appreciate your utter frustration with the incompetence and unthinking idiocy of the way in which aviation has been down trodden, individuals steamrollered and millions of taxpayer dollars wasted. The half truths coupled with vindictive actions, the whole gamut is worse than anyone outside the industry would think possible. The perverse and unsustainable state of General Aviation in particular, gives real meaning to the expression 'unbelievable'.

Unfortunately to denigrate all bureaucrats and politicians without exception as the lowest and meanest who should all be eliminated, or maybe simply removed from office is, with respect, to overlook the old saw that we get the government that we deserve. There is some truth to this saying. Much of the industry still supports aviation specific medicals in spite of there being no evidence that the system improves safety of flight. Certainly the case for Class 1 certificates.

For as long as I can remember no one was suggesting that it is not a government given privilege to fly but that it is our right.

It was accepted that instructors would need fifty hours before teaching, a big jump from the previous twenty- five hour training I'm told was the previous requirement. No one was pushing for independent instructors, as in the US, a measure that would have seen many more people able to gain instruction, especially in the bush. No one said boo when the AOC system and two day instructor refresher courses were introduced. No one even now is railing against the principle of biennial flight reviews or proposing that relief should be given to those who have plenty of experience, aircraft owners, commercial pilots or retired instructors such as myself. Having had to fly with less or no more qualified instructors over the last several years in my own aircraft to satisfy this requirement has cost me much wasted time and dollars. Have there been any studies to show the efficacy of such reviews? Of course now the requirements are even more onerous and will cause more to drop out. I think we went along with it all as part of being special, too busy to bother and probably too trusting. We didn't make much fuss, if any, when the regs were turned into criminal offenses of strict liability, getting on for 30 years ago. We must get our politicians, especially engaging with our local MPs, to understand what's happened.

This is a hard slog but is the only way because the independent corporate body style of governance cannot work in its present form. Doesn't matter who is the next DAS (what a stupid title, up there on cloud 9 with his baton Directing Air Safety). Regards.

[Peetwo]

Airline liability in the 21st century? -

I note that yesterday international aviation law expert Joseph Wheeler wrote an article for the Oz, that is very relevant in hindsight to Karen's compensation case and therefore well worth the time to read... :

Airline liability laws given a timely upgrade

Aftermath of the Flydubai crash in southern Russia last year.

• Joseph Wheeler
  
• The Australian
  
• 12:00AM April 27, 2017
  

[url=http://www.theaustralian.com.au/tablet-t3/tablet-t3/lifestyle/airline-liability-laws-given-a-timely-upgrade/news-story/65d9636da7e1d2d9f32fbf330e3e0c50#comments][/url]
In the past weeks, countries that were previously glaringly missing from the modern world of air carrier liability law have ratified laws providing passenger benefits and improved standards for Australians travelling overseas.

Both Indonesia and the Russian Federation have incorporated the Montreal Convention 1999, which sets out air carrier liability rules for passenger delays, baggage losses, injury and death. Given the chequered history of air safety in both nations, this step forward means an immediately improved legal landscape for citizens of those countries, as well as many benefits that will equally apply to Australian travellers.

After New Zealand, Australia’s greatest number of international departures for short-term travel (ie, less than one year), is to Indonesia. In 2016 Indonesia beat the number of Australian visitors to both the US and Britain and, over the last 10 years, the trend in departures has grown by a staggering 546 per cent.

Annually, this equates to about 1.2 million Australians moving between holiday destinations like Bali and ports around Australia on the nine or so foreign and local airlines that transport them.

The situation for the past few years has been that Indonesian air carriers carry the bulk of Australian travellers (about 40 per cent). The increase in movements shared with our northern neighbours has dramatically developed since the proliferation of low-cost carriers, coupled with the social benefits of the mining boom of the early 2000s. By far, the majority of travellers are holidaymakers.

Given the numbers of Australian travellers going to Indonesia, there was always a need for the law to protect them in the event of situations regarding delays and, thankfully less often, accidents causing injuries and death. However, previously, Australians who booked separate legs of flights with airlines to and from Indonesia fell under the older Warsaw Convention regime, which drastically restricts rights to compensation, where claims could be made, and how much compensation could be obtained — the limits were considered low by international standards even in the early 1990s.

As many travellers are moving towards picking flights solely on price point, the trend has meant that many bought individual flight legs either from separate carriers or at separate times. This prevented the Montreal Convention applying to their travel (it only protects Australians flying to “Warsaw countries” where they have booked a round trip ticket in the one booking to/from Australia). Going forward, the situation will not be so complicated. Travellers will fall under the new and passenger-friendly Montreal system, no matter where and when they book Indonesian/Australian international travel. One key result is that in the event of injury or death, compensation will reflect international standards and, but for a couple of unlikely circumstances, be theoretically uncapped.

The benefits extend beyond compensation payments. A major advantage for people needing to apply the Montreal Convention is the choice of jurisdiction to bring their claim.

The ratification by Indonesia means Australians can bring their claims against foreign or local airlines in an Australian court, rather than submit to Indonesian legal procedure and assessment of their financial losses. This is a major win for Australian travellers, and one we must be grateful to Indonesia for pursuing as it continues to update its laws to harmonise them with the rest of the aviation world.

Russia has also accelerated its ratification of the same Convention, with President Vladimir Putin signing it into law on April 3. While this comes shortly after the first anniversary of the Flydubai FZ981 crash case (a major international accident which falls under the older Warsaw regime) and thus cannot necessarily help those who have suffered through such losses in the past, the act by the Russian government is one which not only brings tangible and positive protections going forward for both Russian passengers themselves, but also Australians travelling abroad to Russia.

As major sky-faring nations and increasingly important sources of inbound tourists, it is hoped these ratifications will improve passenger safety, because airlines and their insurers will now be potentially exposed to far higher financial losses, under the new passenger-friendly law, should an accident occur.

The Montreal Convention takes effect for Indonesia from May 19 2017, and for Russia 60 days after it deposits the instrument of ratification signed on April 3 with ICAO in Montreal.

Joseph Wheeler is the principal of aerospace law firm IALPG and leads Maurice Blackburn’s aviation practice, in addition to being aviation legal counsel for the AFAP.

MTF...P2

[Peetwo]

Kaz Casey finality but maybe not closure on PelAir?? -

Finally Karen can turn the page on her compensation claim against PelAir - yeehah!

Via the ABC online (ps also mentioned in ABC 7pm news... ):

Former nurse awarded $5m in damages after Norfolk Island plane crash

By court reporter Karl Hoerr
Posted 10 May 2017, 4:23pmWed 10 May 2017, 4:23pm



Photo: Rita De Brouwer (left), her daughter Karen Casey and Ros Everett said the case took a toll on them. (ABC News: Karl Hoerr)


A former nurse who was seriously injured in a plane crash near Norfolk Island in 2009 has been awarded more than $5 million in damages.

In March, the operator of the medical evacuation flight, Pel-Air Aviation, successfully appealed against an earlier ruling that Karen Casey's post-traumatic stress disorder (PTSD) should be included in the payout.

Despite PTSD being excluded, the new payout of $5.2 million exceeds the previous order by more than $300,000.

Ms Casey has been ordered to pay half the costs of Pel-Air's appeal.

The plane ditched into the sea with low fuel and Pel-Air accepted the crash was caused by the negligence of the plane's pilots.

The company agreed it was liable for Ms Casey's physical injuries, which were significant, but fought against the inclusion of PTSD.

In its March ruling, the NSW Court of Appeal said even though there had been "biochemical changes" in Ms Casey's brain caused by her PTSD, there was no evidence her brain had physically changed.

The PTSD therefore did not meet the definition of "bodily injury" in the Montreal Convention, which governs aircraft accident compensation internationally.

"Unfortunately, the word 'bodily injury' doesn't describe PTSD, the evidence isn't there, but we all know that it's real," Ms Casey said outside court.

"It's been a very long process and I'm really happy that it's done."

Ms Casey's lawyer Ros Everett said it was a challenge taking on a case about aviation, which she had no prior experience in.

"I saw Karen was so deeply affected by this, physically and emotionally, and I thought she deserved justice," she said.

She said even though they had a loss on the PTSD issue, it might not be the end of the matter.

"I fully believe that this issue will be ventilated again in court very soon," Ms Everett said.

"I think we've opened the doors and paved the way for further cases in this area of aviation law."

The weight now lifted off Karen's shoulders must feel in some ways overwhelming - go you good girl go...

However somehow I don't think this will be last we hear from Kaz Casey in this space...

Who was it that once said?

“Just stop the B.S & tell the truth.” 


MTF...P2

[P7_TOM]

Dear Aunty ABC.

Thank you for taking the time to air what is, hopefully, the last Karen Casey appearance outside a court room. Karen is, truly, ‘one of us’ and we are nothing if not loyal to our friends. Your support and interest of ‘matters aeronautical’, particularly the Norfolk Island ditching is very much appreciated, by all here. It should also be mentioned that reporting a story beginning, then following through to the end, standing alone, even without the efforts of Four Corners and quality commentary (and the blessing of no advert’s) puts the ABC streets ahead of the herd. Well done all and thanks - again…

Cheers. The BRB will offer a toast and drink to your continued well being and integrity, next indaba..

[Kharon]

One for the legends.

Karen’s tale may yet, after eight long years of unremitting physical and mental torture, be headed toward a happier conclusion. The ending can never be called ‘happy’, however this remarkable lady has endured; survived trials and tribulations that few of us would escape without battle damage. It was, no exaggeration, a struggle for sanity and life.

I’ve moved the thread to the Hall of Shame simply because it represents one of the most shameful episodes in a very long list which may be sheeted home to ‘the system’. A system which allows a regulatory authority to escape, without penalty their disgraceful  actions: a system which allows the accident investigation authority to escape, with out penalty their disgusting actions; a system in which the Crown Minister responsible may not be held accountable, or even need defend the actions of the authorities.

The real tragedy may not be immediately apparent to many; in short, nothing has changed as a result, despite the millions spent and the efforts of many.

This episode is; and, will remain one of the most shameful in the aviation history of this nation.

Had it not been for one or two ‘good men’ in the Senate, supported by their colleagues, the end of this sorry tale may have been tragic. We owe them and those who stood to be counted a debt of gratitude.

Can this travesty ever happen again?

The answer, regrettably, is a resounding yes. Follow the unfolding Essendon story, history is about to be shamelessly repeated.

Godspeed Karen.

Selah.

[Peetwo]

PelAir disconnections: Of guilty consciences; &/or legacies?

Kaz Casey recently received perplexing communications and correspondence from none other than Dr (Hoodoo Voodoo) Aleck:

---

Subject: For your information [SEC=UNCLASSIFIED]

UNCLASSIFIED
Dear Karen
 
If you were not already aware, I’ve attached a copy of a relatively recent law journal article dealing with an issue in which I know you have a strong personal interest—and which discusses your case in the NSW courts in quite some detail.
 
Regards
 
Jonathan
 
Dr Jonathan Aleck
Executive Manager
Legal and Regulatory Affairs Division
Civil Aviation Safety Authority (CASA)
p +61 (0)2 6217 1600 | m +61 (0)407 018 818 | jonathan.aleck@casa.gov.au
16 Furzer Street, Philip ACT 2606
GPO Box 2005, Canberra ACT 2601, AUSTRALIA

  

---

Here is an AP link for that law journal article: Defossez (2017) Only Bodily Injury Recoverable for Aviation Accidents - How is that Still Possible? (read pg 14-16)

Apparently Dr A has offered to take up KC's cause within the ICAO for amendments to the Montreal Convention.

This is in stark contrast to the time when Dr A tried to psychologically belittle KC - "..come on Karen this is not a conspiracy.." - when she tried to gain answers to why CASA seemed hell-bent on covering up the many identified safety issues and regulatory non-compliances surrounding the PelAir AOC...  

So is it a case that the Hoodoo Voodoo Doc has a guilty conscience; or is he merely trying to dress up his legacy before taking his golden parachute to the executive public service bottomless trough?

While on psychological trauma being defined as a physical injury for the purposes of aviation accident compensation under international agreements like the Montreal Convention, I note that a certain RRAT legislative committee Chair has a fairly deep insight into these matters in his former life as a business owner and insurance investigator with Asia Pacific Claims Management (plus reference: The man behind some of LNP's big decisions).

Keeping the previous seemingly bizarre back flip by Dr A in mind - now read the following short 2010 ETB Travel news article:

---

Action group on Qantas QF72 expands worldwide

October 11, 2010 Australia, Aviation News No comments

Passengers on board the Qantas flight QF72 are building an army to seek compensation for psychological trauma.

The group originated in the US have teamed up with Wisner Law Firm to sue Airbus and manufacturers Northrup Grumman after the plane nose air dived twice in mid-air on route from Singapore to Perth.

Wisner Law Firm deployed agents from Asia Pacific Claims Management (APCM) to recruit 15 of the 38 Singaporeans who were on board recently joined the group made up of approximately 100 passengers, Today Online reported.

Last month the pilot flying the plane also joined the action group.

APCM Director Barry O’Sullivan said people are not aware that they are able to seek compensation without physical injury.

“[US] law provides quite expressively for claims to be made against trauma and there is no question that this is a particularly traumatic event for passengers,” Mr O’Sullivan said.

Singaporean man on board the plane Mr H S Ng said on the first dive people standing were thrown against the roof, plates went flying and luggage fell out of the overhead compartment.

On the second descent many had their seat belts on “but it was more terrifying this time because we all thought we were going to die,” Mr Ng said.

Airbus Spokesperson said the investigation into the cause of the nose dives was ongoing.

While Qantas provided passengers on board the flight with counselling, paid medical expenses, fares were refunded and they were given ex-gratia payments. 

 
Read more at http://www.etbtravelnews.global

---

As many on here would be aware back in February certain PAIN members - which included P7, KC and DJ - attended a private RRAT committee meeting that was supposedly meant to be an opportunity for PAIN to brief the Senators on our assessment/opinion/review of the 500+page, multi-million dollar costed Pelair MKII Final report. History will now show that the requested Senate RRAT committee briefing was in fact hi-jacked by none other than the Chair Barry O'Obfuscation....

However it was also pointed out to me that in the course of the hijacked briefing KC mentioned several times the deficiencies in both the Montreal convention and the uniquely deficient regulations surrounding air ambulance operations in Australia. Yet never at anytime did the Chair indicate he had invaluable prior professional exposure to international aviation insurance law in this area??



Couple this with the obvious (conflicting with general consensus) favourable bias Barry O'Muppet has for the current HVH version of the ATSB - see HERE - one has to question whether the Chair has a serious COI which should preclude him from being involved in any present or future aviation related committee matters...


MTF...P2