How do we make CASA accountable

[T28D]

McClelland commits to model litigant rules


CHRIS MERRITT
From:The Australian (http://www.theaustralian.com.au/)
August 12, 2011 12:00AM
FEDERAL Attorney-General Robert McClelland has declared that it is unacceptable for federal government agencies to breach the model litigant rules.
"Without making any comments on specific cases, any breach of the model litigant obligation would be unacceptable as the Australian government is committed to achieving the highest professional standards in its handling of claims and litigation," Mr McClelland said.
"The legal services directions are currently under review and I am committed to ensuring that commonwealth agencies act with complete propriety, fairness and to the highest professional standard.
"The Rule of Law Institute has also written to me to propose a review of the model litigant guidelines.
"The institute's proposal includes the codification of a newly espoused 'obligation of fairness' which arises from the Morley case from the NSW Court of Appeal.

[aroa]

we've all heard the pollie waffle over the decades about transparency and accountability with bureaucracies... but the reality is a different country/planet.
"we'll do this and change that, blah, blah, blah" ... and all we have is the same old x2.
It will be interesting to see if McClelland is all huff & puff or fair dinkum this time around.
Or will it be just "Yes, Minister", and go back to "Aviation House" (sic) and carry on,ops normal as before..? Ingoring the rules and lawful behaviour as well. We are the 'experts', we have the power, we can do as we like.

Who's to pull 'em into line. Nobody that I can see or ever hear about.

CASA may not be a "bureaucracy" per se, as a Govt Business Enterprise, (cruel misnomer, that) with a CEO and a Board.
But if those that run the rotten place are happy to keep employees that engage in criminal behaviour, what hope have we got??
Agencies like CASA are the New Fascists. A law unto themselves.

As we know. :eek:

[rutan around]

The answer is simple. Look at history. What did downtrodden people do in the past to solve their problems. They united to fight for the common good of the group--dare I say it on this forum--they unionized. We have approx 30,000 pilots in Australia.If each one made a once only contribution of $1,000 we would deposit it in a secure investment which would earn at least $ 1.5 M each year. Using only the interest would ensure an ongoing source of money to fight the worst abuses of CASA. The money should be initially be used to sue individuals in upper management for dereliction of duty re failing to rectify some of the worst cases involving abuse of power practiced by just a few bad eggs in the lower ranks. A few wins should encourage management to take action to weed out the small number of criminals that give CASA such a bad name. We as pilots need some sort of insurance as suggested above because whilst we can mitigate many risks involved with flying at present there's not a lot we can do against random acts of bastardy.
Cheers RA

[Frank Arouet]

The cashed up client idea has merit, however costs are not taxed in the AAT and I doubt it would take long for those with fingers in the taxpayers purse to change that law so they could gobbe up any of that interest if things went their way. If they lost, well that's OK too because the penalty is not coming out of their individual pockets. They are spending your money to pay your costs.

You see the problem, is the AAT to a large extent because they are the avenue of appeal.

Does anybody have copy of "The Ambulance in the valley"? It's probably better to fund the fence on the cliff than the ambulance in the valley. (if you get my drift).

[T28D]

1. Further instalment on Model Litigant Rules, the Attorney General provides a response on the matter and agrees that data will be provided;
The Australian, 19 August 2011 –Attorney-General requires disclosure of breaches to resume (http://www.theaustralian.com.au/business/legal-affairs/attorney-general-requires-disclosure-of-breaches-to-resume/story-e6frg97x-1226117709802)- Chris Merritt

2. Previous articles on the Model Litigant Rules as reported in The Australian are below:
- Federal agencies accused of cover-up- Chris Merritt (http://www.theaustralian.com.au/business/legal-affairs/fed-agencies-accused-of-cover-up-of-breaches/story-e6frg97x-1226113387964)
- McClelland commits to model litigant rules- Chris Merritt (http://www.theaustralian.com.au/business/legal-affairs/mcclelland-commits-to-model-litigant-rules/story-e6frg97x-1226113390895)
- McClelland fumes over end to breaches disclosure- Chris Merritt (http://www.theaustralian.com.au/business/legal-affairs/mcclelland-fumes-over-end-to-breaches-disclosure/story-e6frg97x-1226113395041)

3. RoLIA responds to recent criticism of the HC as reported in the Australian Financial Review ‘Lawyers defend High Court’s historical focus’ (http://www.ruleoflawaustralia.com.au/Downloads/lawyers_defend_high_court_histori.pdf)

4. Media, Democracy and the Rule of Law Conference on 5th and 6th September 2011 media release (http://www.ruleoflawaustralia.com.au/Downloads/Media_Democracy_release.pdf).

[Frank Arouet]

One should also ask why some disgraced members of CASA OLC work for the Attorney General who advise CASA. The same could be asked as to why some of these same individuals possibly have influence with The Commonwealth Ombudsman as aviation "advisors" with investigations and subsequent "stonewalling" of Commonwealth complaints within the Ombudsman's terms of reference.

[T28D]

Franc, AH ! but then we would have to expose the whole complicit nature of the CASA club whereby full time employees in any capacity have the luxury of after life employment as consultants to the lifeless bureacracy.

It is not a function of acceptable lawful behavior, rather the demonstration of an disdainful offhand declaration of being "above the law"

Bureacratic fiat at it's most extereme excess.

Eastern European Law a an example.

[Frank Arouet]

Don't you mean "The Cathay Club"?

[thorn bird]

Come,on guys, faint hope!!...A straw minister (without a brain)...a blind media...an ill informed public, an industry on its knees without the resources to do much else but hang on by their fingernails. All a fertile breeding ground for corruption. Once it takes hold its like mould, very hard to eradicate

[Frank Arouet]

Gaddafi, the only poor idiot keeping the plebs in order, is proof that revolt can work until................ The Cathay Club.

But only in The Arab Spring with help from ................ The Cathay Club.

But who will plug the power vacuum like they did so successfully in Iraq?

The Cathay Club of course.

It looks more than likely every day that public disobedience in the Australian aviation sector is the only course of action....................

But who cares?????????

Who really does fukcing care ??????

[Jack Ranga]

You'll give yourself an ulcer if you care Frank.

Personally, I don't care and I'm a lot better off for it :ok:

CASA the organisation is a reflection of the people it 'serves' and the Government that 'serve' you.

This country is about to enter one of the biggest economic messes it's been in. A time it needs reformists and visionists and we have the likes of Gillard, Abbott & people like Craig Thomson to 'rescue' us.

God help us all ;)

[grip-pipe]

T28D endorse the sentiments but forget it. The industry has been trying to reform this organisation for nearly thirty years and nothing yet nothing has changed. There is no political will and no political nouse on offer from any party to do this.

Government at the federal level has descended into an uncontrolled rotation vertically to the ground and the little nasty from Marrickville is now picking fights with the truckies for having the temerity to have a whinge. The Minister has neither the brains nor the ability to do anything except keep out of the way of any incoming political projectiles and brown material being flung out of various fans around the country and keep the worst excesses of NSW Labour going, beyond hope and beyond redemption. Albanese's too clever to do anything, like his mates, its all show and whistles in public, do nothing and back to the main game, back room shenanigans to keep the gravy train rolling.

The infliction of the Cathay Star Chamber goons is the last insult to a very long line of injuries. Egomaniacs with no talent, no credibility, decency and no acceptable morality or CDF. CASA has never been a model litigant and in fact has actively engaged in strategic litigation for decades in the name of safety and never ever been called to account for it.

There will be no accountability and no reform and never will be. CASA is morally bankrupt without a care for anybody, especially the industry members, salivating like rabid dogs over there own sinecures and self serving aggrandisement. It is not a tragedy but merely high farce masquerading as civil administration, corrupt and bereft of any adminstrative or civil virtue.

[Captain Dart]

I hear you, grip, the Cathay Pacific Star Chamber was one of the most cowardly acts of pilot against pilot that I have experienced in thirty-five years of professional aviation.

Any pilot who had had a 'run in ' with a certain individual, now extremely senior in CASA, was on 'the list'. Of course he did not have to personally tell the victims to their faces that they were fired. It was up to others to tell these pilots that they were jobless 'for no particular reason'. A big man indeed.

The Cathay Pilots Union Home Page (http://www.cathaypilotsunion.org/)

The 49ers Story - the Star Chamber (http://www.cathaypilotsunion.org/generaldocs/StarChamber.htm)

I remember these events every time I read the the 'touchy-feely' introduction to each 'CASA Briefing'. All I ask is please do not tar all Cathay Pacific pilots with the same brush.

[aroa]

Well said, grip pipe. It really is a disgusting state of affairs.
Cap'n Dart... good reads in those links. Info for know thine enemy.
Re the 49ers.. I know the feeling..!

It just makes one feel all the more frustrated that so many bastard bureaurats have for so long hindered/burdened/ and cut GA to death by a thousand (crappy) regs.. most of which have nothing to do with safety, but strict liability, of course.

Standby to get hit with Pt 91 shortly. Is this the sort of sh*t freedoms that
the last generation fought for ?? I think not.

Likewise with Briefing intro... I just feel like ..barf.... :yuk:

[Mainframe]

Frank, Aroa and others.

CASA will never be accountable.

When a CASA official involved and named in misconduct is appointed to the CASA "ethics" committee you can draw your own conclusions.

Numerous CASA officials involved in misconduct have been given golden handshakes instead of facing charges, some criminal in nature.

Allegations of criminal misconduct are to be referred to Legal Services.

So what happens when a Legal Services staff member is involved in criminal misconduct ? Sorry, no prizes for guessing the right answer.

There are some excellent CASA staff with their integrity intact.

There are many who have no integrity and no experience in the industry they enforce. They will turn on and pervert if possible the good guys.

There is no solution, there will be no accountability.

It is all about corrupt power and arrogance.

Be careful, study the enemy and learn how he operates.

Beware of show cause notices, the AAT and the rest of their arsenal.

Frank, you're not paranoid, you've experienced what they can do and get away with, so have I.

Any victories you may score are hollow and short lived victories.

[Frank Arouet]

Yes Mate, won the battle but lost the war.

[grip-pipe]

Capt Dart, too true, had a great deal of respect for most of the Cathay guys and their operation for a long time, events referred to excluded. Some people are just born with the 'Bastard Gene' as my dearly beloved says, seems they nearly always rise to the top, bit like crap in a pond (The Pilkington Pond Principle).

[gobbledock]

When a CASA official involved and named in misconduct is appointed to the CASA "ethics" committee you can draw your own conclusions.
Numerous CASA officials involved in misconduct have been given golden handshakes instead of facing charges, some criminal in nature.
Allegations of criminal misconduct are to be referred to Legal Services.
So what happens when a Legal Services staff member is involved in criminal misconduct ? Sorry, no prizes for guessing the right answer.
Nicely put. These are some of the core issues Senator X needs to be deciphering. He has the ability, he has the means, but does he really have the enormous plums required to take on the establishment??

Frank, as a footnote. What are your thougts of perhaps chipping in to buy the Screaming Skull a new uniform, to get rid of those 'robust' Saint Vinnies and Hawaiin shirts? I was thinking something like Gaddaffi's sceptor, those Rayban sunglasses and maybe that superb hat?