[Peetwo]

Comments in reply to GlenB...so far?  

Glen_B - Question 9...

First coffee thoughts and draft:-

Edit - Q9. After the enforced closure of Mr Buckley's business, permanent employment was secured within industry as the CASA approved Head of Operations, within a similar commercial aviation business. A CASA representative wrote to the management of that employer stating that 'the continuation of Buckley employment was not tenable'. This argument based solely on comments publicly made by Buckley with regard to the actions taken by CASA in the closure, without explanation, as to why Buckley's business had been summarily denied operating rights and approvals. Can a comprehensive explanation and supporting reasoning for this advice to an employer be provided?  (E&OE)...

This single question shines a very bright light on the 'unspoken' dark side of CASA tactics. Buckley is not, by any measure, the first to be treated in this manner. But, by the gods, he must be the last. It is one of the very real, totally 'provable' elements of the reprehensible misuse of power by CASA officers, often with the support, or even at the behest of their senior management. The list of pilots and business operators who have been subjected to similar and worse treatment is extensive. Never once, throughout the long history of Senate inquiry and Investigation, despite the millions spent, has this shameful topic ever been touched on. High time it was blasted wide open...

The existing, ever present threat of the CASA 'treatment' being doled out is very, very real. Should any Minister of government ever have the sand to take the lid off this particular can of worms and eradicate it, it would be a huge step toward reconciliation with and respect for the authority tasked with over sighting an essential, revenue producing industry. I say that unless this highly counterproductive practice is stamped out, those who foster it removed from office and the rules which allow it dismantled, then any hope of a real 'partnership' between industry and regulator will be doomed to fail (once again) - for a simple lack of 'faith' in the rule of law and natural justice and any semblance of honesty within the 'administration'.

Sorry to monkey about with your missive Glen - but that supported single act of calculated, cowardly, unmitigated bastardy (item 9) generates more fury than the other valid points made.

Cheers 'K'...

Via the UP -  :

Sandy Reith

Letter to Gladys Liu

A very fair offer from Glen Buckley. Glen is an inspiration to keep on for what’s right, and an example to us all.

He has a measured way of expression and is sticking to the facts of his case.

To be tenacious in these circumstances takes courage and we shouldn’t lose sight of the fact we all stand to benefit from any improvements that are achieved.

There will be beneficial ramifications for GA irrespective of any particular outcomes for Glen and his family in the short term.

Exactly what will ensue might not be obvious but his case is gaining political notoriety that is sure to be of influence in favour of GA in the future.

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Lead Balloon

A couple of points, on the run:

- the current Statement of Expectations is largely irrelevant to your circumstances - perhaps link to both the previous and current one? (Though I can't find a copy of the old one, but only searched briefly.)

- the APS Code of Conduct is not relevant to CASA (and I can't find a copy of CASA's Code of Conduct on its website, but only searched briefly).

Will try to comment more when I can digest.

(I doubt whether too many recipients will be reading your corro on ANZAC Day. Perhaps send at 9AM on 26 April?)

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The Statement of Expectations

LB makes the point the the SoE has little relevance to Glen’s case.

Reading the SoE you will see that apart from the fact that it has little power, being this weak idea of a mechanism that’s not an instruction, but merely a hopeful wink and nod, it’s abundantly clear that it has more let outs than a large wire sieve.

Expectations, not Directions:-

“ Paragraph (a) — review its regulatory philosophy following industry consultation by the end of 2022.“

Industry consultation???….. For crying out loud why??? Is this joke??? Another inquiry??? Yes Minister, sure, we all want to dust off the ASSR and RRAT submissions, not to mention all the other forgotten useless inquiry excuses for doing nothing and do it all over again.

“ …to achieve appropriate mutual recognition and bilateral arrangements to support the recognition of Australian designs, innovation and certification in comparable jurisdictions, and minimise the red tape involved in moving between such jurisdictions …where possible,….”

Note ‘’appropriate” and “where possible.”
Not one “CASA shall…”, it’s all about “support, consult, investigate or examine.”

The SoE is shot through with such escape clauses.

The Minister has only set out some wobbly sign posts to desirable reforms that have been screaming necessities for years. Then the timing, not one real action this side of the election, apart from a (so far) temporary stop on the further alienation of irreplaceable airport property at MB.

I think BJ and the Coalition are a still better bet, but like war, politics is unpredictable. We, and Glen, battle on.

A blast from the not too distant past - ref page 7 (2017/18) of this thread (note the common themes with "K"'s post -  ):


Ref: https://auntypru.com/a-cabaret-in-the-temple-of-doom/ & https://auntypru.com/forum/showthread.ph...23#pid8023

Graham

When will this government have the guts to put the cleaners through CASA. An authority who is destroying the very industry it regulates.

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Steve

When I moved to Oz in 1980, I went about converting my private pilot license and Class 1 Instrument Rating [Airline Pilot standard]. Bureaucratic madness (Sir Humphrey at his best), 12 months and $20K later...

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Les

As a person who has been lucky enough to receive a transplant I know what this means to the person who missed out on the heart transplant. CASA should be ashamed of their actions.

Les Qld 

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William

I support Dick Smith's assertion that this regulator has gone too far. CASA saying that they weren't approached regarding the heart transplant flight is a lie. The patient should sue them for millions.

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Peter

I am not an expert but from reports over the last few years, it seems as if the time has come for a review of the aviation industry and its associated bodies. It seems as if their has been a bit of empire building going on.

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Oscar

CASA - staffed by public servants who love running meetings with no outcomes, with bosses that make decisions with no accountability. We need a Frank Lowy to fix this rotten organisation just like how he fixed Soccer Australia when it was infested with ethnic dysfunctionality.

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Phil

CASA like the rest of the APS is there to cover its own butt and create jobs , plain and simple.

QANTAS And Virgin call the shots so the General Aviation sector is now so over burdened with regulation and complexity that it's is dying .

Not fuel prices or lack of business,no the regulator is literally choking General Aviation to death.

Only a complete reset of CASA back to the dual role of promoting aviation as well as regulating it (ie a CAA) will fix this.

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Arthur

If the article is correct, someone is lying. The broker's statement seems to contradict CASA's statement. An Administrative Inquiry should be conducted from within the responsible Ministry, with the findings made public and officials held personally accountable for any poor decision making. This would supply evidence should the transplant non-recipient choose to seek compensation (from any individual as well as an organisation) - as it stands, that individual has only hearsay to support a claim. I don't believe that a Freedom of Information query would reveal where the failure lies, and a failure it surely is. Senior Management exists over peons to consider the bigger picture. Ambulances are required to follow the road rules until there is an emergency. It seems CASA doesn't understand that the same should apply to Air Ambulances.

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Steve

Make no mistake, CASA is mostly responsible for the demise of aviation in Australia.

CASA public servants are out of control. No accountability and no scrutiny by either side of politics for decades.

No other country has an aviation regulator as incompetent or dysfunctional as CASA.

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Ashley

Like everything else in Australia - over-regulated and antiquated bureaucracy stifles not only innovation, but just getting things done. This is why the smart money is moving offshore.

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Vern

Bureaucracy, not common sense is running the country.

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Kim

CASA has pulled more & more power into itself to justify its existence & provide it with plenty to do. It needs a thorough review and downsizing to get it back to being a public service and not a public supervisor. The other area that infuriated me is the delay these regulators like CASA take to investigate & report back on air accidents. Some of them take years for no logical reason. They need to have a boot up the tail to do their work quickly & efficiently.

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Brian

Over the years, I have watched as this and another Aviation authority have seemed hell bent on driving general aviation in Australia to the wall. We need safety, but the sheer bloody mindedness of CASA over imposing petty rules at the expense of experience and common sense has long been apparent. The holy grail of absolute safety has been allowed to take over the day to day running of general aviation with impossible burdens and costs imposed which have not affected the already high standards. Dick Smith should be listened to and the Minister responsible should move quickly to an inquiry which could examine the red tape and recommend discarding the rubbish contained in the regulations

And back to "K" (from the same page) : ref - Primal Scream Therapy.

Out of respect for Mark, we will not trot out the whole sorry tale; not yet. There are huge sums invested, jobs on the line and many other weighty considerations which prevent all this sorry tale from becoming public knowledge. However, in time, the tale will become seen as a litmus test for the Joyce administration; that you can take to the bank. There are documented cases which cover the entire gambit of ‘CASA - Bankstown’ actions from Pel-Air to Falcon which demand a full and open inquiry; conducted under the rules of evidence. Perjury is just one item high on the list for independent scrutiny, there are others, of equal weight and concern which cannot be ignored; not for too much longer.

Carmody is Chester’s man – as CEO he must be aware of the consequences related to CASA actions. Joyce is the latest incumbent of the transport seat; if he retains Carmody then we can see the future is more of the Falcon treatment; if he ‘get’s real’ and hires new CEO for both ATSB and CASA then we may yet see an end to the disgraceful behaviour on display at the moment.

There is only one thing certain – none of this is going away. Operators and their crews need to be free of the constant ‘threat’ of becoming ‘criminal’, fear of reprisal for disagreement with ‘opinion’; and, being forced to accept that there are no options other than complete acquiescence to any and all dictates of the less than competent bully boys. Those who not only believe they are above the law, but that their ‘opinion’ overrides the law, common sense, decency and experience; then spin faery stories to support the argument; which are always backed up by the ‘Ethics’ committee ruling.

Let the minister consider just one small element: the ‘Audit’. If a company bring in ‘independent’ auditors who are trained and qualified to use the IOSA system; then the ‘audit’ is always welcome. Areas which can be improved are noted, discussed and actioned; the next audit will examine the result of the ‘tweaking’; and, the ‘fix’ will be refined, again, to become of real value. In short, real safety improvement, real systems monitoring and efficient compliance is a direct result. That audit is looked forward to by the beneficiary. Mention the CASA version to any operator and measure the result, weigh the benefit and count the cost in time and money wasted defending the company from closure. Chalk and Cheese.

Finally back to Sandy...

“the responsible exercise of discretion by CASA decision makers”

Like many things it boils down to a matter of degree, certainly the present framework gives far too much power to officialdom. It becomes too easy for CASA to be policeman, prosecutor, judge and jury when the rules are inappropriately complex and they attempt to dictate actions of flight crew into a straitjacket of perfection as perceived by bureaucratic imaginations.

The seductive advantages of power, position and unassailable righteousness are writ large in the attitudes of the bureaucratic machine. So too obvious has been the utter disregard for the fortunes of the GA industry, let alone the lives of many individuals carelessly smashed and wasted. For many such vilified individuals a recourse to justice in the courts is not viable due to time constraints, lack of money and being up against a daunting opponent with unlimited means.

Considerations;  many of our aviation “offences” don’t even warrant a mention in other jurisdictions. There was no real problem before the rules were migrated into the criminal code and laced with excessively high penalties for the most trivial matters. Proportionately way in excess of comparable fines and penalties for road infringements. Therefore using the road rules as a model gives lie to the argument that its just a similar application of law. The other broad justification that all rules passed the various stages and processes of the Commonwealth only compounds our disquiet, and does not answer the declinng trajectory of GA or the levels of distrust and dissatisfaction with the regulator.

And that is only a flashback of four years (and 11 pages of this thread) - 

MTF...P2