I have made at least 6 requests to meet with the CASA Board since my dramas started unfolding over 9 months. Those requests were all ignored except for when Mr Crawford the Manager of the Aviation Group wrote to me explaining he would not permit it. Not having a lot of respect of the mans ethics I persevered and was successful. I met with Mr Tony Mathews at Melbourne Airport. I requested a response by 2nd August ( two weeks after our meeting). Typically, nothing came. For reference I have posted a copy of the leeter that summarises the meeting. Due to length, I have had to post it over two consecutive posts. Cheers. Glen.
Dear Mr Anthony Mathews
Thank you for providing the opportunity to meet with you, in your role as the Chair of the CASA Board, and for facilitating the attendance of the Regional Manager, Mr Jason McHeyzer, in his role as the Regional Manager for the Southern Region, at Melbourne Airport from approximately 4PM to 6PM on Friday 19/07/19.
I attended with my father Derek Buckley, in his role, purely as my father, someone who has supported me throughout this experience, and is after all. My father.
As you are aware, I have made numerous requests over the last 8 months to meet with the Board of CASA. Those repeated requests were not responded to, or acknowledged, and this is a contributing factor to the delays in our meeting. I note that you are relatively new in the role, irrespective the delays in facilitating the meeting have had a significant impact, and due to the passage of time, unavoidably, the nature of the meeting has changed.I asked you if you had the opportunity to view the final report from the Industry Complaints Commissioner, and you responded that you had viewed that, approximately one month prior to our meeting, which was approximately one month prior to its release to me. My opinion of the ICC report is that it has been carefully written and it avoids most of the complaints. I will attend to that in separate correspondence.
During the meeting,I had the opportunity to very clearly identify to you that CASA has not at any time made any allegations of anything related to safety. In fact, CASA actions can be demonstrated to have negatively impacted on safety. I also had the opportunity to clearly identify to you that CASA has not at any time made any allegations of any regulatory breach.Very early in the meeting I asked if you aware of the commercial impact of the actions that CASA had taken, and I appreciate that in your role, you could not be expected to have a detailed knowledge of my issue.
I then asked the Regional Manager, Mr Mc Heyzer if he could perhaps outline the impact. As he has had been closely involved in this process since it began, he was better able to encapsulate the situation, as would be my expectation.
To recap,
CASA;· Placed a limited date of approval on my business that has been as short as, a minute by minute approval, but no longer than three months. That action alone would have an enormous and destabilising effect on any organisation, and the staff and suppliers associated with that organisation. That action has continued for a staggering 9 months and is still not resolved.·
CASA actions prevented me from marketing my product·
CASA actions prevented me from taking on customers.·
CASA actions prevented me from adding courses and capabilities that I am fully entitled to.·
CASA actions prevented me from renewing capabilities as they came up for renewal.
When CASA initiated that action in October 2018, I clearly identified to CASA that the impact on my business would be significant, and conservatively it would cause my business to lose $10,000 per week. This matter has now dragged on for over 9 months, and lead to a situation where the business was no longer able to sustain itself. In fact, no business in Australia could sustain those restrictions to its trade
.I outlined to you that the APTA model required 10 members contributing $80,000 each, as the cost of operating APTA was $800,000 per annum. By preventing me signing up new members, you will appreciate my problem. I outlined that APTA was purpose built over many years, and is a significant investment.
With CASA actions placing such insecurity on the business, it had no value and was sold for a price of 5% its actual value.
The business was sold under duress for no other reason than to protect the members and staff who depend on it for their livelihood.
Quite truthfully, I explained how I could no longer sustain the business and pay the staff salaries. If APTA were to discontinue operations at any time on CASA actions, it would directly impact on other operators depending on our continuing approval. I was carrying a significant burden as you will appreciate.
The associated impact on my own business, Melbourne Flight Training has been catastrophic, as it has been supporting the ongoing costs of running APTA. Its own certainty, now hangs in the balance.My own flying school, Melbourne Flight Training is currently in a state of financial duress that is quite likely to be irreparable. The Company has incurred unacceptable debt levels as it has attempted to ensure continuity of operations for APTA and the members that have depended on it.
I identified two other business that have ceased operations as result of the CASA decisions made in relation to APTA. By restricting my revenue streams for 9 months, I could not be expected to survive. No business in any industry, could sustain that.
Personally, the process since CASA implemented Part 61/141 and 142, has also been catastrophic. I clearly identified that in fact I couldn’t even muster up the money for the car park fees if the meeting extended for one more than one hour. That is the truth. I have been left destitute and that includes the loss of my family home. That is the fact. There are no hidden accounts or trust funds. I have exhausted every fund I have available to me to defend the APTA model.
I resolutely stand by the fact that it
Was well intentioned.
mproved safety.
Improved regulatory compliance.
Created jobs.
Protected regional aviation and most particularly regional aero clubs.
Protected the fast dwindling Australian Owned sector of the industry.
Importantly, it was a multi million dollar investment. It was designed with CASA. It was approved by CASA. It was audited by CASA. The fact is that Mr Crawford and four other CASA personnel operating under his direct operational control, and I include;· Mr Jones.· Mr Martin, · Mr Nuttall, and · Mr Lacy initiated a process in October 2018. That process was a complete reversal of previous CASA policy. It came instantly, and with absolutely no warning.
The entire process could have been avoided had CASA decided to inform me or meet with me. The associated impact on my business and the gross waste of taxpayer funds achieving that objective, has been truly disgraceful and unacceptable. My experiences may be shared by others in Industry, and if so, it requires a Royal Commission, it really does.
Those actions and decisions· - Were in clear breach of almost every element of CASAs own Regulatory Philosophy.·
- In breach of the PGPA Act which requires these personnel to use public funds and resources responsibly.·
- Breach the requirements of Administrative Law, Procedural Fairness, and Natural Justice.·
- Were quite simply. Not well intentioned, and certainly not based on safety considerations.·
- Bullying and Intimidating in their nature.·
- Cannot be supported by any clear or concise legislation, and that is a requirement placed on CASA.