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CASA Board conflict of interest with Croc-o-shite report? -   

Courtesy Kristin Shorten, via The Nightly:

CASA Board members’ dealings with NT crocodile egg industry probed after fatal Outback Wrangler chopper crash

Kristin Shorten
THE NIGHTLY
9 MIN READ
23 MAY, 2024


An investigation into how CASA’s Board engaged with crocodile egg-collecting operators before the fatal Outback Wrangler chopper crash has revealed exactly what went on in the years before Chris Wilson’s death. Credit: CareFlight

An investigation into how the Civil Aviation Safety Authority’s Board engages with industry and manages conflicts of interest — commissioned in the wake of the fatal Outback Wrangler chopper crash — has laid bare the crocodile egg collecting industry’s “lobbying activities” in the lead-up to Chris Wilson’s death.

The internal review, obtained by The Nightly under the Freedom of Information Act, cleared Board members of having any “actual or potential conflicts of interest” but found it would be open to a third party “on the available evidence to reasonably form the view” that there was a perceived conflict of interest between a former CASA Board member and his associates in the lucrative crocodile egg collecting industry.

This “perceived conflict” came to light after Wilson — who starred on reality television shows including Outback Wrangler and Wild Croc Territory — was killed when the helicopter he was slinging beneath crashed in a remote part of West Arnhem Land during a crocodile egg-collecting mission in February 2022.

The destroyed Robinson R44 Raven II was owned and operated by Matt Wright’s company Helibrook and contracted to Mick Burns’ company Wildlife Harvesting NT.

Helibrook was operating under a CASA instrument — which allowed it to sling a person beneath their piston engine-powered choppers for the purpose of crocodile egg collecting — at the time it crashed.

This instrument was an exemption to new flight rules — Part 138 of the Civil Aviation Safety Regulations — that stipulated Human External Cargo operations, including crocodile egg collecting, could only be performed with the safer and more expensive turbine engine-powered helicopters.

About eight months before the fatal crash — in June 2021 — CASA Board member Michael Bridge facilitated a meeting in Darwin between the aviation safety regulator’s new Chief Executive Officer Pip Spence and Mr Burns so that the Top End’s ‘crocodile king’ could share his concerns about the impending new Part 138 regulations.

Mr Bridge also arranged for celebrity croc-wrangler Wright to take Ms Spence, who is also Director of Aviation Safety, and two Board members on an hour-long chopper flight around Darwin to show them the scale of Mr Burns’ croc farming operations.

The briefing and flight was arranged to coincide with a CASA Board meeting in Darwin.

At the time of the CASA Board’s visit, Mr Burns had an application for a Supplementary Type Certificate for a Human External Cargo hook to be fitted to a Robinson R44 — for the purpose of crocodile egg collecting with a sling person — under consideration.


Chopper crash victim Chris 'Willow' Wilson. Credit: Supplied

Mr Hanton’s report references dozens of emails and details numerous occasions on which Mr Bridge raised issues, on behalf of Mr Burns, with senior CASA managers and executives in writing.

“It is, therefore, open to conclude that the purpose of the meeting on 23 June 2021 was to allow the Crocodile Farmers Association of the NT (or its members) to communicate with CASA in an effort to influence decision-making on the making or amending of Part 138 of the CASR. This meets the definition of lobbying activities,” he wrote.

“The entity hosting CASA has been described as both CFANT and the NT light helicopter industry or operators.

“It appears from the available information that the purpose of the visit was to highlight issues with the implementation of Part 138 on the crocodile egg collection.”

Mr Bridge told the ICC that CFANT was not a CASA-regulated entity.

“Mr Bridge said the original intention was to get a number of NT light helicopter operators together to discuss the implications of Part 138, but it was later decided it would be more beneficial if the briefing was at an industry level rather than with the operators given the different ways each would be impacted,” Mr Hanton reported.

“Irrespective of whether CASA was hosted by CFANT or NT light helicopter operators, the purpose of the visit was to attempt to make representations to CASA about Part 138.”

Mr Hanton said there was no evidence of any actual or potential conflicts of interest on the part of Board members in the lead-up to, during or after the June 2021 Board meeting in Darwin.

“There is no guidance for Board members on how they should facilitate effective interaction between industry and CASA while at the same time avoiding perceived conflicts of interest,” he wrote.

“This is problematic in that … there is a very real risk that a third party could reasonably form the view that a Board member’s facilitation or encouragement has created an advantage or benefit for the industry or industry participant.

“The background to the CASA Board meeting in Darwin in June 2021 highlights this tension.”

The ICC found, based on how the relevant correspondence reads, it was open to reasonably form the view that Mr Bridge “has a close association with (Mr Burns)” which could have influenced the performance of his duties and responsibilities, constituting a perceived conflict of interest.

And that it was reasonable to form that view when considering certain incidents in conjunction or as a series of events.

“During Mr Bridge’s first week as a Board member, he raised issues with Mr Carmody as CEO/DAS CASA on behalf of (Mr Burns),” the report said.

“Mr Bridge made subsequent approaches to each DAS (or acting DAS in the case of Mr Crawford) in 2019, 2020 and 2021.

“Mr Bridge’s email exchange with Mr Carmody on behalf of crocodile egg collecting operators in February 2020 could be interpreted as implying an awareness that he should not be involved in escalating the operators’ concerns to CASA.”


Chopper crash victim Chris 'Willow' Wilson and his wife Danielle. Credit: Supplied

Mr Bridge told the ICC he had “not wanted to be in the middle” of communications between CASA and industry participants, and that he had expected issues – once raised at the appropriate level – to be handled by those parties.

“While Mr Bridge recognised that it was not appropriate for the Board to be involved in day-to-day operational matters or to have any say in any specific approvals … on 26 November 2019 he requested CASA look at granting operators the same approvals they had been issued the last two crocodile egg seasons,” Mr Hanton wrote.

“In his email to (Mr Burns) dated 26 May 2021, Mr Bridge appears to draw a connection between his remaining tenure on CASA’s Board expiring; the impending introduction of Part 138; and those involved in crocodile egg collection’s concerns with the requirements of Part 138.”

The probe found that Mr Bridge’s Standing Notice of Material Personal Interests, filled out when he was appointed to the CASA Board in 2018, was incomplete.

“Having spent 30+ years in the aviation industry I have a very wide network of friends and associates who deal with CASA regularly,” Mr Bridge wrote. But the next question – asking about the nature and extent of his interests – was left blank.

“On that basis, it can be said any connection Mr Bridge had with [Burns](and helicopter operators involved in crocodile egg collection) has been declared,” Mr Hanton wrote.

“The Standing Notice does not, however, meet the requirements … in that it does not include any details of the nature and extent of any interest and how the interest relates to CASA’s affairs.

“It is recommended that all current Board members’ Material Personal Interest declarations be reviewed to confirm they meaningfully set out the nature and extent of interest relevant to CASA’s affairs.”


Outback Wrangler Matt Wright and pilot Michael Burbidge were charged in relation to the investigation into the fatal Northern Territory chopper crash that killed Chris Wilson in February 2022. Credit: Unknown/Facebook

The ICC found there was no evidence to conclude that Mr Bridge had an actual or potential conflict of interest.

“It would be open to a third party on the available evidence to reasonably form the view that there was a perceived conflict of interest between Mr Bridge and members of the crocodile egg collection industry,” he wrote.

“Because any conflict was perceived (rather than actual or potential), there was no evidence of improper influence in the performance of his duties.

“There is no evidence to conclude that the issuing of approvals to operators involved in crocodile egg collection was influenced by Board members or members of CASA’s Executive Management.”

A statement on CASA’s website says that all of the ICC’s recommendations have since been implemented.

“The changes will help all current and future Board members understand their responsibilities and obligations while ensuring they can continue to engage with industry within clear and acceptable boundaries,” it said.

“The review acknowledged that CASA’s gifts and hospitality policy largely accorded with best practice and its conflict-of-interest policies largely mirrored the best practice guidelines of the Australian Public Service Commission.

“However, it recommended tightening the policy’s language to make it clearer that gifts should never be accepted from lobbyists.

“Other recommendations included a review of how CASA defines lobbyists and the development of guidance on the tension between the Board members’ obligation to avoid perceived conflict of interest with their responsibility to foster industry engagement.

“The changes reflect industry and government best practice for managing conflicts of interest and accepting gifts and hospitality, as well as arrangements for industry engagement.”

Fort Fumble rejects claims for compensation from Willows Widow -

Via the Oz:

Outback Wrangler chopper crash case back in court after concerns raised about pointless mediation


By Robyn Ironside.

The government agency being sued for allowing a “human sling” to be used under a helicopter for the purpose of collecting crocodile eggs, is refusing to discuss compensation with the widow of victim Chris “Willow” Wilson.

Mr Wilson, the co-star of television series Outback Wrangler, died when the 100 foot sling was disconnected from the helicopter above a survivable height, in the remote Northern Territory in February 2022.

An Australian Transport Safety Bureau investigation found the helicopter ran out of fuel, and the pilot released the line to which Mr Wilson was attached as the chopper fell.

In response to the tragedy, Danielle Wilson launched legal action against the Civil Aviation Safety Authority and helicopter operator Helibrook last year, in a quest for damages.

Helibrook owner and Outback Wrangler star Matt Wright was later added as a respondent in the case.

On May 7, Federal Court judge Helen Raper ordered Ms Wilson, CASA, Helibrook and Mr Wright into mediation in the hope of resolving the matter.

The talks were due to begin on June 6 but correspondence between the parties suggested there was no point to the discussions because CASA was not prepared to talk compensation.

Thomas Miller for CASA told the court on Friday, the regulator had written to the other parties in advance of the mediation.

“ (CASA) said we would be attending in good faith, to try to narrow the issues in dispute but we would not likely be attending to make monetary offers of settlement,” Mr Miller said.

“We were not opposed to participating. to simplify matter and identify the real matters in dispute.”



Darryn Kelly for Helibrook and Mr Wright told the court it seemed pointless to conduct mediation when there was no prospect of reaching agreement on compensation or damages.

“Agreeing to attend a mediation carries with it that implication, so it was a shock to receive that correspondence from CASA essentially saying ‘we’ll turn up but we’re not going to be offering anything,” said Mr Kelly.

Mr Miller responded that CASA was not opposed to attending the mediation but as a government entity it was not “entitled to make a commercial settlement”.

“There must be a real and appreciable risk of liability and it has to be supported by evidence, and in this case there must be approval by not only CASA but other agencies including the Attorney-General’s department,” said Mr Miller.

“We are ready, willing and able to attempt to narrow the issues in dispute and to attempt to charter a pathway forward, but we are not likely to attend to put on monetary offers and we raised that so the other parties could make informed decisions about the resources they wished to allocate to the mediation.”

Ms Wilson’s counsel, Matthew Kalyk, told the court he shared the concern about the approach CASA was taking and did not accept the agency would be prohibited from making monetary offers.

“It just can’t be right, with respect, but in any event if that’s the position they adopt we can’t force them to change that,” Mr Kalyk said.

“It may be they play little role in the mediation itself and the focus is on the other parties who are attending in the more usual way to a mediation, there still seems to be some utility in that process taking place.”

Helibrook and Mr Wright have previously indicated they will contest charges brought by NT Worksafe over the crash, alleging reckless conduct for operating unsafe aircraft and interference with flight records over an extended period.

MTF...P2