[Peetwo]

Twenty+ years and the CASA 'MODUS OPERANDI' for GA embuggerance remains endemic?? -   

Via ProAviation ( via Phelan/Stan van der Weil posthumously - RIP  ): http://proaviation.com.au/2013/08/07/sho...-analysis/ 

In November 2002, an AAT decision reversing the cancellations was handed down. However, due to “not being able to turn back the clock” a “suspension” was substituted in its stead [sic]. This suspension was lifted effectively on the date of the decision. CASA was later to attempt to argue in its appeal that the AAT had no authority to substitute such an order. CASA implied that the AAT had applied a penalty, leaving the incorrect inference that Stan was guilty of something. It was open to the AAT to reverse the cancellations altogether; being “not able to turn back the clock” is a lame excuse.

Significantly Mr Adam Anastasi of the CASA Office of Legal Counsel contacted Stan 26 days after the AAT decision asking whether he intended to appeal the decision. Stan replied that he was contemplating taking legal action against various individual CASA employees on the grounds of their vexatious conduct. Anastasi said he would have to speak to his (then) supervisor Peter Illyk about this. Anastasi contacted Stan the following day and advised that because of his “threat,” CASA would be filing an appeal in the Federal Court.

CASA commenced its appeal but at the first “mention hearing” was told to submit an acceptable case because the judge was not prepared to accept such an ill-prepared document. CASA failed to meet the time requirements for its amended case. However, the appeal did not proceed, due the forced liquidation of Schutt Flying Academy in April 2002. Stan’s chief pilot approval was linked to the company, so if there was no company, there could be no chief pilot. In the interim there had been uncertainty at CASA as to how to reinstate his chief pilot approval. CASA claimed it had been cancelled, whilst the AAT had changed that to a suspension. CASA disputed the AAT’s right to make such a decision. No conclusive answer was ever received but Stan (acting on the AAT decision,) resumed his position until the company’s demise. All these actions have been in direct conflict with the Attorney General’s Model Litigant Directions, yet a complaint to the Court, the Attorney General and the Minister, met with no response.

During all these months CASA had failed to remove the cancellation or alter its Website to reflect the true situation, and even though it was ordered by the AAT on two occasions, failed to obey. The Website was finally altered by removing the whole message in March of 2003, co-incidentally effective with the liquidation of the company. ASIC rules require a company to remain “solvent” to trade.

CASA’s actions, again contrary to Model Litigant Directions, had succeeded in taking the company over the edge, a goal which aviation lawyers believe was intended all along. CASA had fulfilled the “need to set an example,” expressed in the FOI document.

Information in relation the CASA website protocol was requested under FOI 2005-07 as were copies of instructions to the webmaster but again were not forthcoming. Since the orchestrated failure of the Schutt Group, Stan attempted on numerous occasions to communicate with CASA. Bruce Byron, the new CEO, initially gave the appearance of wanting to resolve the impasse, but apart from the initial meeting and the resurrection of the action against Qantas nothing happened. It is apparent from Hansard that Byron met with considerable and effective internal opposition in trying to root out systemic problems. To Byron however, Stan’s issues were among the least of these.

In 2005, after persistent attempts to obtain Alternative Dispute Resolution (ADR), Stan commenced an FOI application, only to be frustrated at every step, dealing with (now) OLC head Adam Anastasi. Once documents were released, albeit reluctantly, it became clear why Anastasi had refused access. It also became very clear why CASA had withheld many documents from the 2002 AAT hearing. The CDPP reference document to “there is no case” should have been enough to raise questions over CASA‘s Model Litigant credibility. The “Obligation to Assist the AAT” requires all relevant documents to be provided to the tribunal, yet the most relevant documents were held back as revealed by the FOI disclosures. This illustrates the lengths to which CASA will go to defend its position. Continuing requests for alternative dispute resolution (ADR) as dictated by legislation were also ignored. Such requests have been repeatedly made in correspondence with current CEO John McCormick, again with total disregard.

In relation to freedom of information requests, at a telephone directions hearing (2006) with Dept President Forgie of the AAT, Anastasi advised that it was impossible to access any records for release. At the next hearing some four months later, Ms. Forgie offered the mildy scathing suggestion that CASA could perhaps conduct a dedicated word search. Two months later at the next telephone conference CASA advised that they had been able to access all of approximately 13,000 related folios. CASA would require several months to scrutinise these for release. Some 2200 documents (many triplicated) were finally received late 2006. Several of these have been referred to in this document.

July 2007: Stan attended a formal AAT hearing before Member E. Fyce seeking the release of privileged documents. A. Anastasi (S.M. Fyce made a point to stress that Mr Anastasi was under oath) stated that “CASA does not hold personal files on (pilots)”. When questioned later he admitted [CASA] does hold medical files on individual pilots. As it obviously also does at least in respect of licences, approvals, other ratings, and correspondence with the certificate holder. Mr Anastasi’s denial that “CASA does not hold personal files on pilots” has never been researched, even when reported to the A.G. Dept.

In his AAT application Stan referred to the “Brazil Directions of Prime Minister and Cabinet”

‘BRAZIL DIRECTION’: CLAIMS OF LEGAL PROFESSIONAL PRIVILEGE
ATTORNEY-GENERAL’S DEPARTMENT

Claims of Legal Professional Privilege Exemption under the Freedom of Information Act
Section 14 provides that nothing in the Act is intended to prevent or discourage agencies from giving access to exempt documents where they can properly do so.

Where a client agency wishes to assert a claim of legal professional privilege in respect of a document which has no apparent sensitivity, the attention of the client agency should be drawn to the Cabinet decision mentioned above. The client should be advised that legal professional privilege should be waived unless some real harm would result from release of the documents.
P. BRAZIL 2 March 1986

Despite the “Real Harm” having already been identified, it was not explained what such exempt documents could hold.

In 2007 Stan presented the new information he had just received to various politicians and wrote to the then Deputy Prime Minister, Hon. Mark Vaile requesting assistance with these issues. His response16 was to request Bruce Byron (CEO of CASA) “to provide [Stan] with a detailed response so that these long standing issues may be resolved.” In 2013 there had still been no response or resolution.

In Stan’s ten year quest to regain his chief pilot approval, he was confronted with Civil Aviation Order 82.0 – Appendix 1. Subsection 5 – 1. Approval of Chief Pilot by CASA

1.3 The appointment may be approved only if the person has: (a) in the opinion of CASA, maintained a satisfactory record in the conduct or management of flying operations;

According to all information available to Stan, he would be found unable to comply. Yet CASA is not prepared to substantiate its opinion either way on whether Stan’s conduct had been satisfactory. If CASA now concedes that “He maintained a satisfactory record” CASA actions in 2001 are further proven to have been vexatious, vindictive and deliberate. Their suggestion in writing was for Stan to apply for a chief pilot position and “see what happens.” The poor delegate of CASA conducting the interview would have no option but to refuse such a delegation. That’s why Stan asked the CEO for the exemption, he explains: “It is a Chess game!”

At this point CASA’s Deputy CEO Shane Carmody put only Stan’s question regarding chief pilot approval to the ICC, knowing full well that such (exemption) was an executive decision and the ICC had no jurisdiction.

The more important questions relating to the Avgas contamination cover-up were ignored as were those relating to the tactics in persecuting the company in relation to its alleged contravention of R.206 and of ”policy”. In his subsequent communications with Michael Hart, Stan on several occasions requested a simple yes or no answer to this question. “However as this is an executive decision it is out of his jurisdiction,” he reports. It only took 18 months to not get an answer. The CASA response to the Minister’s request was quoted in Hansard as having been “satisfactorily completed.” Apparently this was an internal decision by CASA and was not shared with the victim.

Michael Hart resigned as the Industry Complaints Commissioner with CASA after only 15 months in office. All approaches to the current Minister have met with a referral to CASA to investigate.

This report is riddled with examples of the processes by which CASA navigates within available “administrative decisions” options to avoid due legal process. It also reveals how CASA treads a fine line between teamwork and conspiracy in developing tactics which exploit the availability of those administrative decisions and the proposition that “CASA must be satisfied.”

It’s easy to trace the change in the culture of CASA from Stan’s initial dealings with the regulator to the present organisation, where it appears that individuals within it interpret regulations to suit their own personal agendas but with the full backing of most of their colleagues. The organisation as presently structured and overseen provides ample opportunity for corruption. It is statistically unlikely that such opportunity is not being embraced.

Now FFWD to 26 March 2019 when GlenB sent this email correspondence to Dr Jonathon Aleck: PG 28-29 https://auntypru.com/wp-content/uploads/...-of-18.pdf





Now despite the nearly 12 years of separation, note the CASA MODUS OPERANDI for any industry stakeholders/operators/pilots/engineers daring to question the inept administration and veracity of CASA remains the same IE discredit/embugger the individual or operator...  

This was Dr A's seemingly gob-smacked reply to GlenB's extremely passionate and articulate correspondence addressed to him:



Unfortunately for Glen it was all downhill from there, including these two self-serving, sociopaths pretending to be Glen's extremely well meaning, friendly CASA executives trying to placate an unjustifiably disgruntled industry operator back into the fold...  :

Now rewind to 2013-14 when a under training (wannabe) rotary wing private pilot Andy Pascoe dared to take his business to another flight training business (2 doors up) due to concerns of dodgy practice's and possible CASR illegalities of the flight instructor he had conducted his training with till that time. 

FOI docs of interest:

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This tale, yet to be told, bizarrely unleashed a maelstrom of venomous, vicious, vindictive, vexatious CASA regulatory legal embuggerance that has prevailed for nearly a decade since - UDB?? -    

 MTF...P2