[Kharon]

Ho, Ho, Ho - Holy cluster - ducks Batman!

For my sins, I thought long and hard about putting this twiddle up on the forum; it is only the opinion of one man – but, in faith, it represents the opinion of many, many others. Those affected, directly or indirectly by the bloody woeful state the 'official' management of Australasian aviation (under the incumbent minister) has degenerated into and continues to languish; this, despite millions spent on ensuring plausible deniability for government responsibility. I write for those who have a long, long, legitimate list of very valid, reasoned and supported complaint. It is up to the incumbent minister to not only acknowledge these real, valid complaints; but to rectify the glaring obscenities perpetrated and resident within their very own creation. They created this 'Frankenstein' : no one else could. Now it must be fixed - by those as created it. Why? Well no one else can – that's why.

“O, beware, my lord, of jealousy;

It is the green-ey'd monster, which doth mock

The meat it feeds on.”

Where to begin? There is more than enough empirical evidence available, from this last year, standing alone, to support an industry wide call for a broad brush reform of the way in which the aviation industry is managed by the 'authorities'. The 'head of power' and ultimate fiscal responsibility resides with the minister; no matter how much 'wriggle room' and distance is placed between that power base and ministerial responsibility. In purely value for tax payer and industry dollars, the Australian public is paying way over the odds for the services delivered; this is the price the country pays for ministerial distance. This 'distance' ploy has paved the way to some serious exposure, legal, political and fiscal. Just one of the many examples for consideration is the disgraceful response to the Essendon event. In so many ways the flaws within the entire 'system' – from DoIT approval for the build up; to the shameful ATSB 'investigation', to the CASA light approach to the fitness of the pilot to fly make a mockery; advantaging only through public gullibility. Make no mistake, the American lawyers representing the families will, eventually, have their days in court. There will be blow back. If AP can clearly define the daisy chain, imagine what a team of dedicated, experienced, connected, savvy, legal brains and independent 'investigators' will weed out.

“That is no excuse," returned Mr. Brownlow. "You were present on the occasion of the destruction of these trinkets, and, indeed, are the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction."

How can any responsible politician wash their hands of the ATSB and with a clear conscience turn away from the shame and potential legal embarrassment this outfit is bringing to this nation. There are peerless 'accident investigation' outfits on this planet; ISASI for one, NTSB for another, Canadian TSB, UK AAI, for others; a tight knit global fraternity of 'Tin-kickers'. It would behove any minister to have a 'quiet chat' with these outfits; off the record, no names, no pack drill; just advice and opinion. Then forearmed, rebuild from the ground up; save a fortune and provide an operation of some value to the industry it is supposed to serve. Sooner or later, there is going to be 'trouble' with the legal profession if this ATSB pantomime is allowed to continue; particularly in regard to Coronial inquest findings. 


What is the relationship between a coronial inquest and a civil law claim?
A Coroner cannot determine civil liability, although the Coroner’s finding may be relied upon in subsequent civil proceedings and/or insurance claims. As such, the inquest may be a useful source of evidence for future civil proceedings.



It is important to note that the Coroner does not make a finding as to guilt or innocence of criminal liability and is similarly required to refrain from making a finding that appears to determine civil liability.



Where the Coroner’s findings suggest there may have been negligence on the part of any person, it is up to the relatives of the deceased to take any appropriate action.


“All courses of action are risky, so prudence is not in avoiding danger (it's impossible), but calculating risk and acting decisively. Make mistakes of ambition and not mistakes of sloth. Develop the strength to do bold things, not the strength to suffer.”


“Insurers will wish to know about the circumstances surrounding each death. Inquests offer an opportunity to hear evidence on all key issues which are likely to arise in determining liability arising out of any claim following a death. The hearing is likely to take place relatively quickly after the death and the evidence given is likely to be determinative. Even if the insurer cannot directly take part in the proceedings, all inquests are public and simply being present in Court to make a note of the evidence is likely to be an invaluable exercise.”


“For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.”

One can readily determine 'why' it is essential to the Coroner that the ATSB report is provided to clarify and define the circumstance and where appropriate breaches of regulation or protocols were a factor. Insurance company lawyers must, by default, depend on clearly defined facts and circumstances. ATSB flat refusal to investigate a fatal; or, to obfuscate the results of investigation; or, to create an internal protective bias, has a great potential to backfire; all the way back to the ministerial hot seat. ATSB is now clearly, a self and internationally defined, in written form, simply a top cover agency: hand maiden through the MoU to the CASA. And by extension, the minister.

“The more corrupt the state, the more numerous the laws.”

Should I continue? Probably not. Never the less. Many Senators and industry advocates have tried to undo the Gordian knot of CASA, ATSB and ASA; the evidence is there, by the shed load, carefully stored over the decades. The shame for this government is self evident; it was a Labour government which created three unaccountable 'quangos'; untouchable by design, a gift to those who could, would and do revel in the autocracy. The cost to this nation, the detriment to the aviation industry through cost and arcane regulation is readily quantifiable; simply through the loss of taxable revenue the industry used to generate. Compare the cost of 'agency' to the non airline revenue generated income – just a nonsense ain't it?

“It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress.”

Politicians claim, loud and long their 'dedication' to this wide brown land. Time they set about proving it. Their Qango experiment has failed; dismally. That failure has and continues to affect not only the well being of an industry, but the international reputation Australia. The acclaim and a reputation for a superb aviation environment – is long gone now; lost in regulation and fear of the same. Accident reporting through BASI was once held as 'gold standard' – alas, no more. Internationally now seen as sham and a national shame. The practical, logical acceptance of ICAO is but a fiction, mysteriously lost within a mountain of complex, convoluted regulation which, at the end of the day, requires only that one must, at all cost, retain the right to remain silent.


“Better to remain silent and be thought a fool than to speak out and remove all doubt.”

Australian government carries this shame and expense into the new year. Perhaps, even if just to save the economy a bit hit, the government could get off its collective arse and do something about it all, before there is no revenue generating industry left standing. Make no mistake about it; one day there will be an event which will rock this nation – it will be the 'minister' who must answer the questions; and that minister will be standing alone. ASA, ATSB and CASA will all hide behind their government allocated mandates – cheap; - for the price a minister's hide. Sooner or later, under the basic tenets of the law, in this land; there will be a ministerial head on a pike; for there the blame resides. But what then? Responsibility – is what the public pay dearly for; that and wisdom – look up the word - RESPONSIBILITY – that is what politicians are paid for.


“He did not care for the lying at first. He hated it. Then later he had come to like it. It was part of being an insider but it was a very corrupting business.”

But enough; Christmas 'tis 'the' season etc.. Dogs, cat, donkey and horse have no idea what all the fuss is. I slink off, unnoticed, walk to the stable – the quiet greetings warm me, a word in the horse's ear with dinner repaid by a nudge; donkey loud, hungry and happy as usual, dogs patiently wait their turn while following my well trodden evening path until it is their turn to eat. The cat; well, she sits by the keg tap,  a gentle nudge to my hand as I reach for clean glass, patiently waiting until I sit on the workshop stool, happy just to sit in the peace and quiet of good company. I would not wish for any other – a pint of Ale, a smoke and the excellent, quiet companionship of those on whom I may rely for friendship and comfort, no matter what.

Selah...