[Peetwo]

GlenB embuggerance update: 4/03/21

Via the UP: https://www.pprune.org/australia-new-zea...st11001338

A petition

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Great to see a few of the old posters back, and a couple of new ones. The support on PPRuNe has been overwhelming. I will endeavor to get a couple of posts up here over the coming days.

One of those is a response from Mr. Mathews the Chair of the CASA Board. It's quite frustrating how CASA consistently say that I have not produced any evidence, yet it is CASA that denies me the opportunity to present the evidence. Therefore I will call for an investigation. It would be a brief and relatively straightforward matter provided it is an oral presentation, with CASA participating. It would take no more than one day for CASA and I to present the matter, with another day for questions and deliberation. At the end of the second day, there would be a very clear indication for the requirement or not, of a full investigation into the contact of these three CASA employees.

You will recall that over two years ago as this matter began to unfold, I kept quiet and tried to resolve it with CASA for 6 months before I went Public. You may recall that for 6 months I also wrote to the Board of CASA on multiple occasions seeking the opportunity to meet with any two members of the Board (to maintain integrity) and present my evidence. Those requests were consistently ignored, only exacerbating the commercial and emotional damage being caused.

You may recall that after 6 months of repeated requests, Mr. Anthony Mathews the Chair of the Board of CASA eventually facilitated a meeting. Not with two members of the CASA Board, as I had requested, but himself and the CASA Region Manager. That same individual only weeks later sent an email to my Employer that my employment was no longer tenable.

The fact is that both CASA and I want the same thing. The opportunity to present our stories in full. Submitting documents and playing email ping pong is unnecessarily complicated and highly ineffective. A face-to-face oral presentation will rapidly finalize this matter.

To those of you that have suggested the Go Fund Me again. Thankyou.

The existing fund has ample remaining funds to meet its intended purpose which was to build an investment prospectus. The next call will be for an investment opportunity and not a donation. Provided that "prospectus" put together by the large law firm indicates a high likelihood of success, the legal firm can arrange litigation funding at about 1/3 of the "win". My first option will be to go out to the industry and seek a group of investors seeking a potential return slightly lower than what the law firm is able to offer.

Thanks agin everyone, and copied below is a letter to my Local Member Ms Gladys Liu

"To the Honourable Ms. Gladys Liu, Member for the Electorate of Chisholm

My name is Glen Buckley, a 55 year resident of this electorate.

On 20th November 2020, I raised formal allegations of misfeasance in Public Office against three CASA employees, Mr. Crawford, Mr. Martin, and Mr. Aleck. The link to that presentation can be found here

I intend to raise a petition and present it to the Deputy Prime Minister via your office, calling for an independent investigation into the conduct of these personnel. This will also allow me the opportunity to present my supporting evidence. That investigation would only require two days and would need to be conducted by an appropriate individual with expert knowledge of the flight training industry. A suitable individual could be selected from the CASA shortlist of applicants for the recently filled position of CASA CEO.

My intention would be to submit that to your Office once it has 20,000 signatures on it.

Can I respectfully request that your Office provide me any guidance on the best way to present a petition of this nature and the associated requirements.

As this is also a matter of aviation safety, my intention is to commence this as soon as practical.

The matter can be accessed in detail via the following link which today will reach 3/4 million views on this subject. Glen Buckley and Australian small business -V- CASA - PPRuNe Forums

Respectfully, Glen Buckley 0418772013

And:

Response from the CASA Board

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In Post #1556 above i sent a letter to the CASA Board. Not surprisingly, their response follows

Dear Mr Buckley

I refer to your email of 24 February 2021 addressed to the Chair of the CASA Board, Mr Tony Mathews, and to other members of the CASA Board. The Chair has asked me to respond on behalf of him and the other CASA Board members.

In keeping with the advice that has been provided previously in response to your requests of the Board, unless and until you have credible new and relevant evidence and information to offer in respect of your concerns, the Board is not inclined to consider the unsubstantiated allegations you have repeatedly made against CASA and certain individual CASA officials. Neither is the Board inclined to respond to questions clearly premised on the purported validity of claims and assertions of the same nature, regardless of the reasons for which you say you require such responses.

If, in the context of any legal proceedings in which you may be involved, there is a legitimate basis on which information might properly be sought and obtained from the CASA Board, there will be processes and procedures in accordance with which the provision of such information might be required. In this instance, as in any other, should a request or demand for the provision of certain information from CASA (or the CASA Board) be made formally, under the auspices of a judicial authority or as may otherwise be authorised by law, such a request or demand, duly served on CASA, would naturally be considered and dealt with accordingly.

In the meantime, the Board is satisfied that, insofar as CASA’s dealings with you have been concerned, and to the extent the principles of the Regulatory Philosophy have been germane to particular aspects of those dealings, CASA’s actions have been consistent with its commitments under the Regulatory Philosophy, including principle 6. On that basis, the Board is satisfied that, in substance, variants of the six (6) questions raised in your email of 24 February 2021 have previously been considered and effectively addressed by CASA on many occasions.

Responses were provided to your various related and repetitive questions on behalf of the Board previously. CASA’s Industry Complaints Commissioner also addressed your related concerns on occasions.

In addition to the advice offered to you by CASA’s Industry Complaints Commissioner, beyond this, CASA provided responsive information and advice to you on at least eight (8) occasions:

• 23 October 2018
  
  
• 21 December 2018
  
  
• 25 January 2019
  
  
• 12 February 2019
  
  
• 20 March 2019
  
  
• 24 March 2019
  
  
• 2 April 2019 and
  
  
• 21 May 2019.
  

This chronology is illustrative, but by no means exhaustive, of CASA’s repeated efforts to convey to you precisely how and why CASA was not satisfied that your organisation was operating, or contemplated operating, in a manner consistent with the fundamental operational control requirements specified in the legislation for flying training activities under CASR Parts 141 and 142.

Challenging though the effective implementation of an alliance model of the kind you seem to have envisaged might be, recognition of the feasibility of such arrangements was implicit in CASA’s ongoing efforts to advise, guide and assist you to rectify the shortcomings and deficiencies in your attempt to execute your plan.

On this basis, the Board believes the concerns reflected in your questions have been fully and fairly addressed.

Yours sincerely

Colin McLachlan

Colin McLachlan| Board Secretary

Civil Aviation Safety Authority|16 Furzer Street, Philip ACT 2606

GPO Box 2005, Canberra ACT 2601
p (02) 6217 1318 | m0478 302 047 | *colin.mclachlan@casa.gov.au

www.casa.gov.au

And in reply and with sound advice from Lead Balloon & Seabreeze...

Lead Balloon

The heart of the issue can be reduced to a handful of sentences, Glen. It's not that complex. And, with the greatest respect, continued voluminous correspondence with CASA or anyone else (other than a judge or tribunal member) will not change the heart of the issue.

CASA's position

CASA's current position is that, on its (recently conjured up) interpretation of Part 141 (and Part 142), APTA had not provided sufficient evidence to satisfy CASA that APTA had sufficient operational control over its members. CASA's position is that CASA was justified in demanding from APTA "a tabular legend, showing how and where the actions called up under each applicable provision of the civil aviation legislation germane to the conduct of operations under CASR Part 141 [and Part 142] are effectively addressed in the terms of the contractual agreement(s) [between APTA and its members]", before CASA would be satisfied.

(You should note that "CASA" here just means the subjective opinion of an individual, the identity of whom you can safely guess.)

APTA's position

APTA's position is that what APTA provided was sufficient to demontrate compliance with the legislation, noting that this assertion from 'CASA' is a fiction: "The operational and organisational arrangement contemplated by CASR 141 [and Part 142] are based on a conventional business model, under which all of the operational activities conducted by the authorisation holder are carried out, for and behalf of the authorisation holder by persons employed by, and in all respects as agents of, the authorisation holder.")

The practical problem

To get an authoritative statement of what Parts 141 and Part 142 actually require, APTA would have to spend years and hundreds of thousands, in a court or tribunal, battling master sophists wielding the 'safety' card. CASA will say that, absent evidence of how and where the actions called up under each applicable provision of the civil aviation legislation germane to the conduct of operations under CASR Part 141 [and Part 142] are effectively addressed in the terms of the contractual agreements between APTA and its members, those members could be out of control and creating high risks to the safety of air navigation.

If it makes you feel better to continue writing to CASA, what you should be asking for is specific authority for this proposition: "The operational and organisational arrangement contemplated by CASR 141 [and Part 142] are based on a conventional business model, under which all of the operational activities conducted by the authorisation holder are carried out, for and behalf of the authorisation holder by persons employed by, and in all respects as agents of, the authorisation holder." Ask CASA to cite a specific regulation, or a specific statement in an explanatory memorandum for Part 141 or 142, or the specific reasons of a judge or tribunal member who's considered the legislation, as authority for the proposition.

As I've said, the above is in my view regulation conjured in the mind of a complicator. The 'authority' for the proposition will, I reckon, boil down to 'the vibe' but expressed in enormously impressive but ultimately vacuous motherhood statements, assuming you don't receive the usual crickets chirping as a response. They don't care, because they don't have to.

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Seabreeze

I think I have written this before.


Glen, CASA does not need to respond to you because their do nothing option leaves matters in limbo forever. They do not need to negotiate.

You will need to instigate legal action to recover lost funds. Only when a court date is set might you be able to negotiate an outcome. Even then they will estimate how little might buy you off and make absurd offers. You must be firm and ready to outlay for a court case, then an appeal etc. See for example the battle Peter Ridd (an individual) is having with James Cook University (large organisation with deep pockets). That one is going to the High Court.

Good luck fighting city hall.

MTF...P2