[Peetwo]

GlenB embuggerance update: 15/04/21

Via the UP: Correspondence to Deputy PM and all members of National Party

And a follow up today via the AP GlenB email chain:

Dear Mr. Michael McCormack the Honourable Deputy Prime Minister, and Mr. Anthony Mathews the Chair of the Board of CASA. 

Mr. McCormack, I am calling on you to apply any pressure you can to encourage the CASA Board to act with integrity, in accordance with CASAs Regulatory Philosophy, and your own Statement of Expectations of the Board of CASA.

Mr. Mathews, you appear to have misunderstood my reasonable request.

I am not seeking to make any allegations, and this particular request has nothing to do with the Ombudsman's Office. I am not seeking a determination, I am merely seeking an explanation. 

I am seeking an explanation from CASA as to how the flying school that I owned, with my own employees operating fully in accordance with all CASA approved procedures in place, operating from my building as it had for over a decade, is determined by CASA  to be an "unauthorized operation", and forced into closure. This notification came with no prior notification or indication at all from CASA. It is inexplicable, from my perspective.

The Ombudsman's current investigation is not related to this matter and irrespective of this, the Ombudsman's Office has advised that an ongoing investigation does not prevent me from seeking an explanation from CASA, as I am doing now. It is not reasonable that CASA takes action against a business, fails to explain the basis of that action, and will not explain it to the individual affected, but will to the Ombudsman years later. Surely that can't be fair.

It is likely that CASA has provided that explanation to the Ombudsman's Office, so I can see no reason that the same explanation would not be provided to me, as I have been requesting for more than two years.

It is important that I am very clear. 

• On 23rd October 2018, CASA wrote advising that my business, Melbourne Flight Training was deemed to be an "unauthorized operation."
  
• There was no significant change during the business's 12 years of operation that I am aware of that would deem it an "unauthorized operation" by CASA.
  
• CASA has never explained this action to me in any manner whatsoever. I have no understanding of how CASA arrived at that determination.
  
• I am not making an allegation, I am merely seeking an explanation
  

I am fully satisfied that CASA has erred and that they have acted unlawfully. I believe that the CASA Board is aware of this. I believe that there is an attempt by the Board to cover up this matter. 

I have firmly bought this matter to the attention of the Deputy Prime Minister, and all members of the National Party. My reasonable expectation is that I will be provided with an explanation by CASA, or directed to a previously supplied copy of an explanation if one exists.

For clarity, I am asking CASA to provide an explanation of this particular determination i.e. that my flying school became an UNAUTHORISED OPERATION.  This is a fair and reasonable request.

Respectfully, Glen Buckley

On Thu, 15 Apr 2021 at 14:48, McLachlan, Colin <Colin.Mclachlan@casa.gov.au> wrote:

OFFICIAL
 
Dear Mr Buckley
 
Thank you for your email dated 14 April 2021 addressed to Mr Mathews and the CASA Board in which you discuss your intent to pursue a ‘Statement of Explanation in accordance with (your) rights under Administrative Law.’ Mr Mathews has asked me to respond on his behalf.
 
With regard to each of the matters raised, you have provided no new evidence for consideration and CASA is satisfied your allegations fall within the scope of the Ombudsman’s investigation currently underway. The Ombudsman’s office has not yet concluded their investigation or finalised their report on that investigation.
 
We await the outcome of that process and the Ombudsman’s advice to discuss these matters further.
 
Your sincerely
 
Colin McLachlan
 
Colin McLachlan | Board Secretary
Civil Aviation Safety Authority |16 Furzer Street, Philip ACT 2606
GPO Box 2005, Canberra ACT 2601
p (02) 6217 1318 | m 0478 302 047 | * colin.mclachlan@casa.gov.au
www.casa.gov.au

Finally some comments in reply to GlenB's UP posts...

Fliegenmong

I'm no Lawyer for sure,.....but is that last correspondence essentially trying to say 'we are not going to address specifically what you are requesting because we alluded to it in the past, but will not be drawn to saying anything specific?'


Confusing

What average Joe would be expected to understand this?

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Pinky the pilot

No-one, Fliegs. It would be almost certain that the whole letter would have either been written by, or certainly approved, by CASA Lawyers!

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Chronic Snoozer

And it is a response worthy of a John Clarke sketch!

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Mr Approach

CASA, in it's replies to Glen, refers to the Regulatory Philosophy. This is an artifact created by CASA to justify it's actions. The SOE from the MInister <https://www.legislation.gov.au/Details/F2019L00977> is more relevant. See 2 - Last para, 3 a, b and c, 5 (a) & (b).

Breaching their own aims is par for the course, breaching a ministerial directive should see heads roll.

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finestkind

Would be nice to see people held accountable but they have, a) either departed the locality b) do not give a flying “F” as it is not their business/company/name or c) hide behind the system.

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havick

Honestly this is the meat and potatoes of everything here. Everything else is periphery, but adds to your remedy.


even if CASA does finally provide you an explanation, it is totally unreasonable to not provide that explanation when they deemed your operations unauthorized. They left you no way to respond or make acceptable changes.

That itself is simply a miscarriage of their authority or simply incompetence that is finally brought to light publicly.

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Pinky the pilot

And it is a response worthy of a John Clarke sketch!

Indeed! And I suspect that he would have referred to CASA's actions as being 'a fustercluck of mammoth proportions!'

MTF...P2