[Peetwo]

Update to the update - 

Glen Buckley v CASA embuggerance update - 01/11/19.

From glenb, via AP email chain:

To;  Mr Shane Carmody- CEO- Civil Aviation Safety Authority.

To; Mr Anthony Mathews- Chair of the CASA Board.
To; Mr Jonathan Hanton- CASA Industry Complaints Commissioner.
 
My name is Glen Buckley, of 6 Susan Court, Mount Waverley, 3149.

I consider myself a Subject Matter Expert (SME) on matters of aviation safety in the flight training environment.

In making that statement, I draw on 25 years’ experience. I have operated in the roles of CASA approved Flying Instructor, CASA approved Chief Flying Instructor (CFI), CASA approved Head of Operations (HOO), a CASA approved CEO, and business owner of 15 years.

I am fully aware that my allegations are perhaps the most substantive that have ever been levelled against CASA employees.

My allegations are not vindictive or vexatious, and I am acting solely on matters of aviation safety. If my claims are found to be unsubstantiated, I understand I can be fully held to account in law.

For clarity I will re-state my allegations against the following four CASA personnel.

The personnel are;

• Mr Graeme Crawford
  
• Mr Craig Martin
  
• Mr Jason Mc Heyzer
  
• Mr Brad Lacey.
  

 
Regarding their conduct, and their decisions, and in plain English, I allege;

1. Decision making that compromises aviation safety, and in fact creates a grave and imminent risk to aviation safety
   
2. Improper, wrongful, and unlawful conduct.
   
3. Those personnel have made decisions that a well-intentioned person would not make, if they were making their decisions on considerations of safety and/or compliance.
   
4. Breaches of Administrative Law, and Procedural Fairness.
   
5. Breaches of CASAs Enforcement Manual.
   
6. Breaches of the Ministers Statement of Expectations
   
7. Breaches of CASAs Regulatory Philosophy
   
8. Those personnel have not acted with honesty, consistency, and integrity.
   
9. Those personnel have not acted with care and diligence.
   
10. Those personnel have not acted with impartiality, respect and courtesy.
    
11. Those personnel have acted in a bullying and intimidating manner.
    
12. They have mismanaged public resources in breach of their obligations under the PGPA Act and have consciously and deliberately used public resources in a manner that is not fiscally responsible.
    
13. I allege those four personnel have made calculated decisions that have caused detriment to me and my family, my business, and other businesses and, that they have deliberately avoided attempts to work collaboratively and resolve those issues.
    
14. I allege that their considered decisions and actions potentially bring harm to the integrity and good reputation of their fellow Employees and CASA in general, which can only degrade safety.
    
15. I allege that one of those four personnel, has improperly used inside information.
    
16. Those personnel have provided misleading information.
    
17. Breached obligations under their respective Position Descriptions.
    
18. Abused their  authority associated with their respective positions as CASA employees.
    
19. Are making decisions and choosing courses of action to avoid public scrutiny.
    
20. Are placing their respective personal interest above the public interest.
    
21. They are deliberately frustrating democratic principles.
    
22. They are deliberately not upholding the values, of the Australian Coat of arms, and in fact, their conduct is unbecoming to the Australian Coat of Arms, and brings it into disrepute.
    

 
The purpose of this letter.
 
As you are aware, I am trying to bring my allegations to a legal determination, but timelines are unacceptably long. I have identified a grave and imminent risk to aviation safety, and I am confident that I can substantiate that.

In the interests of aviation safety, I must insist that these four personnel are stood aside from all safety sensitive activities until my substantive allegations can be “tested”.

Such action would not be perceived by me, as any admission of guilt, and I will not claim that to be the case. It is the only responsible decision that can be made in such circumstances.

I will be pursuing a legal determination in as prompt timelines, as I can manage.

In order to expedite processes, I would encourage CASA to take any action that they deem appropriate, including legal action. My assumption is that you will have access to greater resources than I do alone, and if that expedites processes, I sincerely encourage that approach.

My sincere hope is that lawyers are not required and good intention will prevail.

The allegations are important, there is a grave and imminent risk to aviation safety, you are aware of it, and are compelled to act.

Drawing on my personal experience over the last 12 months, I believe there is a “managed” system operating within CASA to supress my concerns. I have not observed any “well intentioned “ actions by the CASA personnel that I am dealing with.

For that reason, and to ensure CASA act promptly on this matter, I am now going public.
I  await acknowledgement of this correspondence, from Mr Carmody’s office.
 
Respectfully, Glen Buckley

 

And the acknowledgement...

Dear Mr Buckley


I acknowledge your email received at 10:24am today outlining your claims of “…grave and imminent risk to aviation safety” against the four named CASA staff members.

You did not provide information to substantiate your claims of a “grave and imminent risk to aviation safety”. I note your advice in today’s email “…am confident that I can substantiate that.” Should you have such evidence, I ask that you provide it to me urgently.

I have previously advised you that you should raise these matters with the Commonwealth Ombudsman, which you have elected not to do, or through the appropriate legal channels. I reiterate my advice to you of 23 August 2019 that I will not enter into ongoing dialogue with you on the issues you have raised previously, as they have been dealt with and considered closed from CASA’s perspective. I also remind you that making false and disparaging public allegations against individual CASA officers leaves it open to them to pursue individual action for defamation.

Regards

Shane

Shane Carmody
CEO and Director of Aviation Safety
Civil Aviation Safety Authority

And then glenb's substantiation...
 

03/11/19.

Dear Mr Carmody.

I am making a direct appeal to you in your role as the CEO and Director of Aviation Safety (DAS), of Australia’s national aviation safety regulator, the Civil Aviation Safety Authority (CASA). I have a reasonable expectation that you will make decisions in a well-intentioned manner, and primarily in the interests of aviation safety.

My name is Glen Buckley, 6 Susan Court, Mount Waverley, 3149.

During my career of 25 years in pilot training, I have operated in the following roles, each requiring a CASA initial assessment, and CASA renewals.

• Grade One Instructor,
• Chief Flying Instructor (CFI),
• Chief Pilot (CP)
• Head of Operations (HOO)
• CEO

CASA records will demonstrate that throughout the last 15 years of operations, as a business owner, I have consistently demonstrated, industry leading standards of safety and compliance. Those operations were well intentioned.

I have also operated for 10 years as the Principle Executive Officer of a Registered Training Organisation. ASQA records will indicate an industry leading level of compliance. Those operations were well intentioned.

For 15 years I have been delivering training to international students under a CRICOS approval. There have been no complaints ever, by any of the hundreds of international students that I have had the pleasure to work with, and those operations were most certainly well intentioned.

I have employed over 50 pilots, and administrative staff, during the last 15 years of operation. I have treated them with fairness, and respect, and in a well-intentioned manner.

In my opinion, and by making those statements above. I believe that I have run a safe, compliant, well intentioned business for 15 years. That business was a flight training organisation.

Taking the above into account, I am qualified to make the statements that I am about to make. They are substantive:

I sincerely believe that there is a grave and imminent risk to aviation safety. I have written to you repeatedly on this matter, providing the basis for that assertion.

You are also aware that I have made substantive allegations against four CASA personnel, and it is in fact, their conduct that has created this unsafe situation. They are;

1. Mr Graeme Crawford in his role as CASA Aviation Group Executive Manager.
2. Mr Craig Martin in his role as CASA Executive Manager Regulatory Services and Surveillance.
3. Mr Jason Mc Heyzer in his role as CASA Region Manager Southern Region.
4. Mr Brad Lacey in his role as a CASA Flight Operations Inspector.

In naming them, I do it to protect the reputation of the personnel within CASA that choose to act professionally, and towards safe outcomes.

Regarding their conduct, and their decisions, and in plain English, I allege;

1. Decision making that compromises aviation safety, and in fact creates a grave and imminent risk to aviation safety
2. Improper, wrongful, and unlawful conduct.
3. Those personnel have made decisions that a well-intentioned person would not make, if they were making their decisions on considerations of safety and/or compliance.
4. Breaches of Administrative Law, and Procedural Fairness.
5. Breaches of CASAs Enforcement Manual. https://www.casa.gov.au/publications-and...ent-manual.
6. Breaches of the Ministers Statement of Expectations.
( https://www.legislation.gov.au/Details/F2019L00977 )
7. Breaches of CASAs Regulatory Philosophy ( https://www.casa.gov.au/about-us/who-we-...philosophy )
8. Those personnel have not acted with honesty, consistency, and integrity.
9. Those personnel have not acted with care and diligence.
10. Those personnel have not acted with impartiality, respect and courtesy.
11. Those personnel have acted in a bullying and intimidating manner.
12. They have mismanaged public resources in breach of their obligations under the PGPA Act and have consciously and deliberately used public resources in a manner that is not fiscally responsible
( https://www.legislation.gov.au/Details/C2013A00123 )
13. I allege those four personnel have made calculated decisions that have caused detriment to me and my family, my business, and other businesses and, that they have deliberately avoided attempts to work collaboratively and resolve those issues.
14. I allege that their considered decisions and actions potentially bring harm to the integrity and good reputation of their fellow Employees and CASA in general, which can only degrade safety.
15. I allege that one of those four personnel, has improperly used inside
information.
16. Those personnel have provided misleading information.
17. Breached obligations under their respective Position Descriptions.
18. Abused their authority associated with their respective positions as CASA
employees.
19. Are making decisions and choosing courses of action to avoid public scrutiny.
20. Are placing their respective personal interest above the public interest.
21. They are deliberately frustrating democratic principles.
22. They are deliberately not upholding the values, of the Australian Coat of arms,
and in fact, their conduct is unbecoming to the Australian Coat of Arms and
brings it into disrepute.
23. In contrast to the Prime Ministers Speech to the Institute of Public
Administration 19/08/19 where he outlined his “guideposts.”
https://www.pm.gov.au/media/speech-insti...nistration
24. In contrast to CASAs “values”. https://www.casa.gov.au/about-us/who-weare/
our-vision-mission-and-values

Those are substantial allegations, I stand behind them, and understand I am fully
accountable for them. They are truthful, and in the public interest.
Decisions have been made, and continue to be made, by those four “named”
personnel in CASA, that cannot be justified on a safety, or regulatory basis.

Their decisions have been, and continue to be, made on personal interest
considerations ahead of aviation safety considerations, those decisions measurably,
and unacceptably compromise aviation safety.

You personally, as the CEO hold “information” that would be “concerning”, and
clearly supports my assertions. That information is;

1. From within your own organisation by way of “workplace feedback” and
possibly suggests a culture “highly inappropriate”.
2. Statistical information your personnel have gathered.
3. Assertions made repeatedly by me, in writing over a 12-month period, alerting
these staff to the safety ramifications of their decisions.
4. Feedback from industry.

You are compelled to make a decision.

Those four personnel cannot remain operational, and certainly not in any safety
sensitive activities. I have called for it repeatedly, it is reasonable. It makes no
suggestion of innocence or guilt, it takes those personnel out of an operational role,
in what may be a stressful situation for them, and shows appropriate respect to
processes, and most importantly, maintains or improves safety.

At least one those named personnel has had substantial claims against his conduct
previously. That is public knowledge, and was bought to light as result of a recent
ABC TV investigative news piece. https://www.abc.net.au/7.30/dying-pilot-tries-toclear-
his-name-after-fatal/10444124 of which he was integral to. I raise the same
allegations against his conduct, that were previously bought against him. There is
potentially a “pattern”, it cannot be reasonably ignored.

One other, of the four has been found by CASA ICC processes to have acted, at
least “unreasonably and inappropriately”.

If you choose not to stand these personnel aside, you will need to justify your
decision making, as the CEO of CASA.

It is negatively impacting on safety and clearly increases the likelihood of an aviation
incident or accident. If you choose an alternative course of action, and cannot
reasonably justify it, I will bring a formal allegation of gross misconduct,
unconscionable conduct, or malfeasance, as appropriate against you. I will be
compelled to do so. You would be choosing to compromise safety, ahead of
personal interest.

I will call on widespread industry support if I you require it of me.
I am simultaneously including the CASA Board in on this correspondence, as they
may be called upon to support your decision making and are responsible for the
good governance of CASA.

I have insufficient trust or confidence that CASA will attend to my safety concerns in
a well-intentioned manner, and in the required timelines, so I am publishing this letter
to ensure public scrutiny over the decisions you as the CEO make, going forward.
This will also expedite timelines in attending to important safety matters.

Quite simply, I will not accept those four personnel making operational decisions for
other operators whilst my allegations have not been discredited. It potentially poses
an unacceptable risk to aviation safety.

I respect that in your correspondence you clearly stated the matter is closed,
however it is an aviation safety matter, so I steadfastly refuse to let it be closed, until
it is resolved.

Can I offer one final alternative at a dispute resolution
I am a 54-year resident of Chisholm, and my representative is Ms Gladys Liu, from
the Liberal Party. I have previously provided Ms Liu with information on my concerns.
She understands the basics of them, and has demonstrated herself to be
professional, and diligent.

Could I meet with Mr Carmody and his nominated attendees at Ms Lius Canberra
Office, at the soonest practical opportunity.

Both CASA, and I could present our respective safety cases, with Ms Liu as an
independent observer.

At the end of that meeting, she could confidentially provide feedback to the PM or
Deputy PMs office for a final determination of the Governments position, going
forward.

As I have stated repeatedly, these are significant matters of aviation safety, and
must be addressed. An independent assessment by someone external to CASA, and
acting with good intention, such as Ms Liu, could be invaluable.

I do not mean to come across as combative, but you must understand my
determination, and resolve. My interests should be well and truly “in tune” with every
CASA employee, as they are primarily about safety, and the integrity of CASA. My
hope is you share those values.

Glen Buckley.

MTF...P2