[Peetwo]

GlenB embuggerance update: 08/09/23 

Via the UP:

glenb

Response re #2842. CASA investigation into assault

Hi Glen

Please find responses to your queries set out below:

1. The reviewer appointed by the organisation CASA has engaged is a former Assistant Commissioner of the Conduct, Health and Underperformance Branch at the Australian Taxation Office and has also worked in the Criminal Law Division of the Commonwealth Attorney-General’s Department.
   
2. I am not privy to the length of time the review may take as I have not been involved in the procurement, or any discussions with the provider. My understanding is that the review has commenced.
   
3. Thank you for setting out what you believe my starting point in considering your complaint should have been. The Board has agreed that given your allegations about my conduct and integrity, I should not be involved in this review.
   
4. I am not involved in the review.
   
5. It is open to you at any time to report your allegations to the Australian Federal Police: MEL-OMC@afp.gov.au.
   
6. The complaint was referred to the external investigator in the same terms as it was made.
   
7. I have had no involvement in the procurement or conduct of the external review save for providing the information set out in my email of 28 August 2023. It will be for the external reviewer to assess whether they wish to speak to you — I have been advised CASA has given no instructions either way.
   

Thanks

Jonathan

And in reply:

Lead Balloon

It will be interesting to see what definition of “assault” the investigator uses.

---

Global Aviator

That reply if obviously constructed by a legal team.

Glen I hope every bit of correspondence you are sending is being at least reviewed by a legal team.

Shots fired.

Back to glenb:

The CASA appointed investigator

Thanks to some diligent background work done by the crew at Aunty Pru, i think it is safe to assume that this is the individual that CASA has appointed to investigate Mr Edwards false allegation that I moved toward him and shoved him

The appointed individual is likely from this Organisation CPM Reviews


Dom Sheil – Senior Reviewer – Canberra

Dom has had a highly successful and diverse public service career of 35 years.

Most recently, Dom was the Assistant Commissioner of the Conduct, Health and Underperformance Branch (known as “Working Well”) in the Australian Taxation Office (ATO). The Branch was located in HR and was responsible for managing (amongst other things) all misconduct matters in a diverse organization of 18,000 employees and several thousand contractors.

Dom commenced in the APS as a part-time law student working in the ATO in Sydney in varying roles. Moving to Canberra in the early 1990s enabled him to develop sharp policy formulation skills in some complex tax areas.

Once legally qualified, Dom pursued his interests in criminal law and moved to the Criminal Law Division ofbthe Commonwealth Attorney-General’s Department. Dom initially worked on cases involving the
confiscation of criminal assets before moving into international criminal extradition. He worked on the high profile and heavily litigated cases of Peter Foster and Christopher Skase.

In order to broaden his legal skills and knowledge base, Dom moved back to the ATO to the newly developed general counsel area. He covered a broad base of complex legal issues from defamation, contract and intellectual property disputes to (civil) monetary claims against the ATO.

He later specialized in employment and industrial relations disputes before moving into ATO HR, where he reshaped the management of misconduct, worker’s compensation and underperformance.

Dom can undertake complex investigations, including those that involve senior executives and those that require the collection of sensitive evidence. He has extensive experience reviewing and analyzing systemic, process and organization-wide issues and has successfully managed a number of Public Interest Disclosures to finality.

Dom brings a wealth of investigative, legal, policy and practical management experience to any assignment. Dom has a BLegS from Macquarie university and a LLM from the university of Canberra. He is as a legal practitioner of the Supreme court (ACT and NSW) and a barrister of the high court of Australia. He is also a nationally accredited mediator.

&..

Response to # 2845 and #2846 re. legal rep at meeting. From Board to me.

McLachlan, Colin
to me

Thu, 7 Sept, 15:51 (15 hours ago)

OFFICIAL

Hi Glen

The Chair has asked me to check with you if I may please, whether by legal representation, you are proposing this person speak on your behalf? Also, would you intend for the legal representative to participate in place of your wife as your support person, or in addition to your wife?

Mark asked me to remind you that the purpose of the meeting is not to seek a legal solution to anything, but to discuss the outcomes of the Ombudsman’s report and the way forward.

Cheers

---

To Colin

06:50 (11 minutes ago)


Hi Colin,


Thanks for getting back to me.

My wife is attending as she was also the owner of the business that was impacted by the CASA actions. My wife is attending as someone significantly and unnecessarily impacted. The request would be for an additional attendee, and I am currently considering options.

If I were to bring a legal person, my intention is that I would have them accompany me to acquaint themself with the situation and advise me of my options. My approach is to do everything that I can to avoid litigation, but understandably it must remain as my last option. My expectation is that that individual would primarily be a listener.

It may be that at the conclusion of that meeting, that expert advises me that I have no basis to make a claim, then that would obviously suit CASA's agenda.

Thank You to the Chair for his consideration, and I hope you're travelling well. Cheers. Glen

Hmmm...not sure there is many 'cheers' in any of that...

I do find the appointed CPM (Centre for Public Management Pty Ltd) investigator very interesting and I would suggest that, either way, this individual will get to the bottom of the matter. Remember that this incident was used, under Parliamentary privilege, by the former DAS/CEO Carmody to make this accusation:

From 05:25 here:

"...Mr Buckley—as you've probably noticed, and you'll notice my emotion in this—has harassed my staff and continues to do so under PPRuNe and just about every other website. He makes unsubstantiated allegations, and I'm quite happy to deal with them. He has assaulted my staff, he has stalked my staff in the Melbourne office and, frankly, we've had enough of him. So the matter is with the Ombudsman, and I'm very, very happy for the matter to stay with the Ombudsman and get resolved. But I will not accept the allegations that are made..."

MTF...P2