[Peetwo]

Part III: Credulity – Slightly stretched? - Just a bit.

P2 - "Q/ Coming back to the Gobbitt decision letter, one wonders why he didn't at least release the SFR, that is legally required to be forwarded to and signed by a CASA delegate assigned with the carriage of making an individual enforcement decision, that should have accompanied the Greg Hood original (24 December 2009) decision to suspend the DJ FCL?"

You could expect a fair percentage of pony-pooh to be contained in almost any ‘correspondence’ from CASA; they can’t seem to break wind without transmogrifying it into fully legally prescribed act of nature, with definitions, references and two paragraphs of wriggle room. It is simply the tiresome, self important, defensive nature of the beast; but…One has to draw the line somewhere and this current happy horse shit about ‘unsigned’ documents being ‘legal tender’ is way, way over the top. There is a clearly defined process and sound legal reasons for a document to be ‘signed’ (and dated). Simply stating that the ‘intent’ justifies an ‘unsigned’ howler turning up by pigeon post is bollocks.

Try to cash an unsigned cheque; or, just for fun don’t sign any flight associated ‘paper work’ like the MR. Can you imagine turning up in court and saying to the judge – “Well M’lud, my intention was to accept the legal responsibility as the Captain; surely that should satisfy the requirements”. “Furthermore, under legal professional privilege, I refuse to show the court any document, not fully redacted, which may indicate that I acted illegally – I do have the right to remain silent: thank you." You then sit down with a self satisfied, smug expression which lasts for the whole five seconds it takes the Judge to find the key to your cell, throw it away and call for the men in white jackets to come and take you away.

Toot toot.

Hot off the wire today CASA sets precedent for Law Enforcement agencies Worldwide...

Via the CASA FOI minion Gobbitt confirms Wodger 23 December SFR to Hoody was not signed:

From: "Gobbitt, David" <David.Gobbitt@casa.gov.au>
Date: 30 November 2017 at 09:14:28 AEDT
To: 'Dom James' <dom@cia.com.au>
Subject: RE: a quick request [SEC=UNCLASSIFIED]

UNCLASSIFIED
Good morning Dominic,

Thank you for your enquiry.

I have not been able to locate a signed copy of the SFR.

However, as stated by Adam Anastasi in his email to you dated 27 October 2017, even if the delegate had not signed the SFR, the fact of the delegate sending the decision letter to you on 24 December 2009 would clearly have signified that the delegate accepted the recommendations in the SFR.  

Thanks again.


Regards

David Gobbitt

Freedom of Information Officer

Legal Advisory, Drafting and Contracts Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au

Copy of the Anastasi 27 October 2017 email:

UNCLASSIFIED
Dominic

I refer to  the documents released to you by CASA recently which included a copy of an SFR from March 2012 that was not signed by the delegate. I also refer to our recent telephone conversation where I identified a signed version of the SFR in CASA's records, and that is attached.

I note that even if the delegate had not signed the SFR, the fact of the delegate sending the attached decision letter to you would clearly have signified the delegate accepted the recommendations in the SFR.


Adam Anastasi Manager
Legal Advisory, Drafting and Contracts Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1040
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au

Reference: Carmody's proof & pudding 

"...Senator XENOPHON: Sure, but the normal course is that for the document to be a valid document, it ought to be a signed document—is that right?


Mr Carmody : Yes, that would be reasonable..."

& at 06:24 here:

Hmm...I guess that means we can already guess how QON 120 (refer QON index: Infrastructure and Regional Development Portfolio (PDF 610KB) & https://www.aph.gov.au/Parliamentary_Bus...mates/rrat) will be answered:

[*]Overdue No
[*]Asked Of Civil Aviation Safety Authority
[*]Proof Hansard Page/Written 26
[*]Portfolio Question Number 443
[*]Question Senator XENOPHON: So there's a question there: is the standard form recommendation incomplete? I asked you to take that on notice. If it is in some way incomplete or deficient, that may have some bearing on the decision-making process of CASA. It's a technical question, but could you take that on notice? Mr Carmody: I'll take it on notice, but if it's a current standard form recommendation, then, as I said before, that's why I'd like to review it. The standard form recommendation that I assume underpins the original decision probably has not changed. Anyway, I'll take it on notice and have a look at it.

Download question
Answer Unanswered.

[*]



MTF...P2