[Peetwo]

GlenB embuggerance update: 21/08/24

Via the AP emails:

To the CASA Industry Complaints Commissioner.

As you are aware I have made two allegations against Mr. Aleck the CASA Executive Manager of Legal, International and Regulatory Affairs. Those allegations are:

• Providing false and misleading information to a Commonwealth Ombudsman investigation, and 
  
• Misfeasance in public office, and specifically "targeted malice"
  

I am in the process of obtaining evidence to assess whether I have a valid case.

Mr Aleck, the CASA Executive Manager of Legal, International and Regulatory affairs has led the Ombudsman Office to form the view that there was some deficiency in our existing systems or procedures that needed to be attended to by way of additional wording in our commercial agreement.

I have maintained that there was no deficiency, and interestingly no specific deficiency has ever been identified. I am fully satisfied that it was a completely fabricated requirement, used as the basis to maintain crippling trading restrictions on the business for 8 months until My Aleck determined that my business of more than a decade could not continue, and it was forced into closure at the end of June 2019.

In order for Mr Aleck to truthfully identify a deficiency in our existing systems and procedures it would have required Mr Aleck in the first instance to access those systems and procedures in order to review the systems and procedures. It would not be possible for Mr Aleck to identify a deficiency if he did not at least glance at those existing procedures designed for the specific purpose of maintaining the high levels of operational control required.

The expectation is that the identified deficiency, if there really was one, would have been quite significant because I was advised that the business had only 7 days to operate, CASA did provide interim extensions but none were granted past June 30th 2019, and that was when my business was forced into closure.

In order to maintain the high levels of operational control required, we adopted the Flight School Manager system (FSM). A system that CASA had  approved for use in 50 flying schools including mine, as a means to achieve the required levels of operational control.

FSM being the most advanced system in Australia, and the only product designed specifically for the Australian legislative environment. I don't expect you to be personally aware of the system, but it was a far more advanced and comprehensive system than any competitor product, and that is why this system is so popular in  Australian flying schools. You may be aware that we did extensive modifications to the system to further enhance its capability in consultation with CASA  and the Developer, an ex CASA emplyee, to achieve even higher levels of operational control for the multi base structure.

The system does require username and password access, and in order to ensure high levels of operational control, myself and two other staff had the ability to provide access to the systems and procedures contained within FSM that are specifically designed to maintain operational control.If you were not issued with a unique username and password, you had no access at all to the system.

These systems were comprehensive and included all the systems for safety notices, amendments, monitoring and scheduling maintenance, pilot rostering and fatigue management, predictive and unscheduled aircraft maintenance, tracking of all student records, student progress, staff proficiency checks, staff and student inductions, minutes of safety meetings, exam delivery and results, providing ":gates" prior to dispatching flights to ensure all criteria met, Aircraft tracking and search and rescue monitoring, weather monitoring  etc etc. These are only a limited sampling of the capabilities of this most comprehensive of systems designed for the specific purpose of maintaining high levels of operational control.

As you are aware I am of the opinion that Mr Aleck targeted me because I took an  industry lead on raising concerns about the new regulatory structure, and not for reasons of aviation safety.

I don't believe he ever accessed any of our systems or really did ever identify any deficiency at all, and that is why none has ever been specified beyond the very vague descriptor "matters of operational control" which says nothing. If there truly was a deficiency then CASA would be able to identify something more specific than "matters of operational control". As I have stated repeatedly the matter in its entirety was a fabricated one.

As I stated before, the system required one of the three staff or the product developer to issue access codes, and as with all personnel their logins and logouts are tracked and reported.

Mr Aleck claims that he first became aware of APTA in October 2018. It would be assumed that shortly after he became aware he would have promptly reviewed  and  accessed the system and reviewed the existing systems and procedures in order to identify any deficiencies that need to be attended to, if there really were any.

It is very concerning that Mr Aleck, or in fact no CASA employee, including your own office ever accessed my systems or procedures, which would make it impossible for Mr Aleck to identify a deficiency, wouldn't it?

My complaint is that Mr Aleck has led the Ombudsman Office to form the view that he had identified a deficiency when truthfully he had never even looked at our systems and procedures.

My complaint is that no CASA emplyee accessed those systems any time in the 12 months prior to October 2018, so no CASA employee would have been able to identify any deficiencies.

Can you confirm that Mr Aleck did not ever access our systems by way of a username and password, and if Mr Aleck maintains that he did review our systems and procedures contained within FSM, could he advise how he accesses that system.

For clarity the complaints that I am requesting a clear and concise response to, and they can be as short as a yes or no, unless you feel that there is other pertinent information that needs to be provided.

Did Mr Aleck at any time, ever review the comprehensive systems that we had in p;lace to maintain operational control, in order to identify a deficiency that needed to be attended to in our "commercial agreement".

If CASA claims that Mr Aleck did ever review the comprehensive systems that we had in place to maintain operational, control, can CASA advise how they accessed the system, and if possible the log in codes and passwords that were used to access the system, and is there any record of CASA ever looking into the systems and procedures designed for the exact purpose of maintaining operational, control.

Thankyou for accepting this complaint, as it requires only short responses, and as those responses can be resolved in a single communication my assumption is that this could be attended to in a fairly short time frame.

My hope is that I could receive a response by September 1st if that is possible, and could I respectfully request that you advise me as soon as practical if you anticipate it taking more than 14 days to establish contact with Mr Aleck and ask him,  presumably he operates  from the same building as yourself.

I look forward to a prompt, truthful , and well intentioned response.

Respectfully

Glen Buckley

Sandy response: "..Hope he is gathering evidence for legal action.."

MTF...P2