[Peetwo]

GlenB embuggerance update 18/08/20: Dear Mick Mack...L&Ks GlenB  

17/08/20


To the Honorable Deputy Prime Minister, Mr Michael McCormack. 

I am writing to you in your role as the Deputy Prime Minister, the Leader of the National Party and the Minister for Infrastructure, Transport and Regional Development, the portfolio responsible for Australia's Civil Aviation Safety Authority.

Please note that I have included the Board of CASA in this email and Senator Susan McDonald who is currently heading up the two-year inquiry into Australia's Civil Aviation Safety Authority.

My name is Glen Buckley and I reside at 6 Susan Court, Mount Waverley 3149. 

I have written to you previously, and your Department has chosen not to respond. I am requesting that you initially acknowledge that you have received this correspondence, in the first instance, and that you will respond in detail after you have given this correspondence due consideration.

The purpose of this correspondence is to call on you to provide an opportunity for me to submit substantial allegations to your Department against the conduct of two personnel within CASA, and to call for an investigation into their conduct. A full and comprehensive investigation is required as I am making these allegations public, and the named CASA personnel are fully entitled to have their reputations protected by your Department if my claims are found to be vindictive or vexatious. The two CASA personnel that I am raising allegations against are:

1. Mr. Jonathan Aleck in his role as the CASA Executive Manager of Legal, International, and Regulatory Affairs, and 
   
2. Mr. Craig Martin in his role as the CASA Executive Manager of Regulatory Services and Surveillance.
   

Please note that I cannot make allegations against them outside of their conduct in the workplace, and they may well be good citizens of the wider community. I refer only to their conduct in the workplace as employees of the Civil Aviation Safety Authority, and I do so primarily in the interests of aviation safety but also because of the significant damage that their actions have brought to so many.

It is also important that I specify the individuals, to protect the wider reputation of Australia's Safety Regulator and the many CASA employees that act professionally and sincerely towards improving aviation safety in Australia.

However, as employees of the Civil Aviation Safety Authority, their conduct has resulted in the closure of several Australian Owned businesses and impacted employees that were dependent on those businesses to derive their livelihoods. I am a person that has been significantly impacted by the actions of these two individuals. I have incurred significant financial damage and damage to my health and well being. The actions of these two individuals has cost me many millions of dollars and resulted in the loss of my business, my home, my life savings, and impacted me and my family's future welfare and security. 

I must point out that after inflicting such damage to me personally and losing my business, I obtained employment as an employee in the Industry, until CASA sent a directive to my Employer that my continuing employment was untenable based on "comments that I was making publicly". I was terminated instantly, was paid no entitlements that were rightfully mine, and spent 8 months unemployed. The action by these individuals has been highly disproportionate.

For clarity, their conduct has been unlawful, unfair, and unjust. 

In considering this request, I encourage you to establish contact with the Chairperson of the Board of CASA who has detailed knowledge of this matter. Mr. Mathews the Chairperson of the Board of CASA will be able to confirm that the actions of these two individuals have no justification on the basis of aviation safety, and that the business I have now lost had maintained an Industry leading level of safety and compliance, and that there were no regulatory breaches. 

The CASA action by these individuals was vindictive and vexatious.

In the process of these two individuals engineering their desired outcome, I am alleging that they  have;

Deliberately provided misleading information to the Commonwealth Ombudsman, whose investigation continues in two stages He has completed Stage One of the investigation and in his findings, he reported that there was indeed, "an administrative deficiency" and that it had "potential to cause detriment to those relying on the accuracy of the regime or, conversely prevent detriment from occurring". In my opinion, those substantive findings alone, compel you to provide me with the opportunity to submit my allegations to your office. If these two individuals are permitted to provide misleading information to the Commonwealth Ombudsman in Stage Two of his investigation my concern is that it will pervert the course of justice. The named individuals have acted intentionally, their action has been sustained, and it involved significant planning and pre-meditation. Importantly, I allege that it was premeditated rather than simply an evolved process. These factors will significantly impact on the seriousness of the offense. Furthermore, I allege that the two named individuals have attempted to conceal evidence.

Deliberately provided misleading information to the CASA Industry Complaints Commissioner,  and that has resulted in an erroneous outcome. This allegation specifically relates to the use of CASAs Temporary locations procedure. Against this allegation, I am fully confident that I have evidence that is clear and concise and cannot possibly be refuted if I am given the opportunity to submit my evidence.

Breached obligations placed on them by your own "Ministers Statement of Expectations for CASA. https://www.legislation.gov.au/Details/F2019L00977

On this matter, I specifically refer to your  following directives, 

1. "CASA should perform its functions in accordance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act)"
   
2. "The conduct and values of CASAs Board and Staff should be consistent with that of the Australian Public Service"
   
3. "I expect CASA to be a world-best-practice aviation safety regulator"
   
4. " I also expect the Board to facilitate effective interaction between CASA and Industry"
   
5. "I expect the Board to keep the secretary of my Department and me fully informed of CASAs actions in relation to the requirements stated in this SOE, and promptly advise of any events or issues that may impact on the operations of CASA"
   
6. "I expect CASA will continue its regulatory approach in accordance with its regulatory philosophy"
   
7. "operate with a consideration of the economic impact and cost impact on individuals, businesses and the community"
   
8. "adopt a pragmatic, practical and proportionate approach to regulation as it applies to different industry sectors"
   
9. " undertake effective and ongoing engagement with the aviation industry to create a collaborative relationship based on a foundation of mutual understanding and respect"
   

Breached obligations placed on them by CASAs Regulatory Philosophy that was created as a result of the Australian Government Aviation Safety Regulation Review. https://www.infrastructure.gov.au/aviati...ummary.pdf

For ease of access, please find the link to CASAs Regulatory philosophy  attached https://www.casa.gov.au/about-us/who-we-...philosophy
On this matter, I request to make a submission with well-documented evidence against breaches of Items 1,2,3.5,6,7,8,9 and 10 of that Regulatory Philosophy. I am not making any claim against Item 4 of that regulatory philosophy

Breached obligations placed on them by CASAs Enforcement Procedures Manual. I provide the link here to ensure that you have ease  of access https://www.casa.gov.au/sites/default/fi...9rfull.pdf

On this matter, I draw your attention to obligations placed on them by the Enforcement Procedures Manual in its entirety but with your particular attention drawn to the following sections", all of which were not taken into account, and were clearly and demostrably breached

• The Preface
  
• 2.4 CASAs Enforcement Policy-High Level Principles
  
• 2.4.1 Natural Justice and Accountability 
  
• 2.4.2 Consistency and Flexibility 
  
• 2.4.3 Impartiality 
  
• 2.4.4 Responsible Exercise of Compliance and Enforcement Powers 
  
• 2.4.5 Relevant considerations for regulatory decision-making
  
• 6.6.2.2 Variation, Suspension or Cancellation Under CAR 269 
  
• 6.6.2.5 Variation, Suspension or Cancellation of Other Aviation Permissions
  
• 6.12 Variation Suspension and Cancellation of AOCs
  
• 6.12.2 Variation of Conditions of AOCs – No Breach of Condition Required
  
• 6.18 Refusal to Re-Issue a Civil Aviation Authorisation 
  
• Appendix 2. The Legal Basis of Regulatory Enforcement 
  
• Appendix 4. Guidance on the term ‘fit and proper person’ 
  

Breached obligations placed on them by Administrative Law, Natural Justice, and Procedural Fairness. 
By Mr. Aleck and Mr. Martin choosing not to follow clearly stipulated CASA procedures, this has resulted in breaches of Administrative Law, Natural Justice and Procedural Fairness. I can provide clear and irrefutable evidence of fabricated audit results that are clearly not truthful I can also provide evidence that these audit results were in fact written up many months after the audit, differed entirely to the original findings, and were engineered to ensure they achieved their desired outcome. i.e. to bring significant harm to me and my business, which it has done.

Breached obligations placed on them by the Public Service Act, and specifically the conduct and values of the Australian Public Service Act https://www.legislation.gov.au/Details/C2019C00057. 

On this allegation, I refer to the following obligations from the APS Code of Conduct. Whilst I understand that CASA is not normally bound by those obligations, I note that in your Ministers Statement of Expectations you have specifically identified that they must comply.

A CASA employee and CASA generally must:

• Behave honestly and with integrity in connection with their employment.
  
• Act with care and diligence in connection with their employment.
  
• When acting in connection with their employment, must treat everyone with respect and courtesy, and without harassment.
  
• Must use Commonwealth resources in a proper manner and for a proper purpose.
  
• Must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee’s APS employment.
  
• Must not improperly use inside information or the employee’s duties, status, power, or authority to cause, or seek to cause, a detriment to the employee’s Agency, the Commonwealth, or any other person.
  
• An employee must at all times behave in a way that upholds the integrity and good reputation of the employee’s Agency and the APS.
  
• Be professional, objective, innovative, and efficient, and work collaboratively to achieve the best results for the Australian community and the Government.
  
• Demonstrate leadership, be trustworthy, and act with integrity, in all that it does.
  
• Respect all people, including their rights and their heritage.
  

Thank you for your consideration of my request. I would also like to provide links that may assist you in arriving at a fair decision and ensure your Department is fully aware of the support I have gathered. 

Ben Morgan from the Aircraft Owners and Pilots Association (AOPA) provided the opportunity to present to an audience of over 17,0000 viewers and that can be accessed via the following link: https://www.youtube.com/watch?v=qvf-Piw7WBs&t=17s

Also over 600,000 views have been made on my forum which can be accessed here https://www.pprune.org/australia-new-zea...-casa.html

I would also draw your attention to the Gofundme page set up by supporters in Industry to ensure that i can achieve a fair outcome https://www.gofundme.com/f/glen-buckley-v-casa 

Respectfully, Glen Buckley

Plus via the UP: https://www.pprune.org/australia-new-zea...st10859549

Torres 

Glen

I have 50 years watching DCA, CAA and CASA and have suffered at the hands of power hungry, unaccountable, incompetence within CASA. An apology from the then Director did not compensate for the loss of a career I loved.

I guess there is always a good side, being forced out of aviation led me to a new very rewarding path which enabled me to help hundreds of young people access qualifications and a new rewarding career.

As fast as one recalcitrant "retires" from CASA, another rises to a position of maximum incompetence. The only obvious constant is the great survivor, Aleck.

The cycle won't end until CASA in it's entirety is replaced with an honest, competent, capable and accountable aviation regulator.

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&.. 


Epicurus

Craig Martin - the ghost who walks.

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Glen, Craig Martin is still at CASA and you are correct that he is no longer working in his ‘previous role’. His new role is TBA. The halls at sleepy hollow are bustling at the moment as the heat in the kitchen has been turned up a notch, well done good Sir. Keep it coming.

As for the two new Board members, I don’t want to dash your hopes but they are part of the ‘system’. You won’t get a listening ear or a modicum of sympathy from then. They may be new, but they have been well briefed on activities within CASA along with a rundown on any serial pests, of which you fit the mould! ( and I mean that respectfully mate!).

As has been mentioned by many, CASA deserves nothing short of a Royal Commission. It is the only channel from which the truth can be gleaned. But the Government knows what has been going on and they will never sanction that. While the Loyola lunatic remains at Fort Fumble our aviation industry remains doomed and anybody challenging the powers of CASA will be crushed.

MTF...P2