CASA frustrating my attempts to resolve
Importantly CASA made a number of allegations of breaches.
The accusation of CASR 117 was particularly concerning, as it relates to misrepresenting your organisations capabilities.
A serious breach. CASA raised this allegation against me. The CASA allegation placed a serious restriction on my trade, and prevented me from marketing my product.
I was in a situation where I believed CASA was wrong. I made many attempts to resolve this issue over manty many months as you will see. This was typical of my dealings, and my requests were completely ignored. There can be no doubt that CASA raised the allegations, CASA clearly required me to respond. It was the CASA personnel that DECIDED not to respond and allow me to become compliant again.
This is an important piece of information that the ICC decided not to address. t was listed as one of my complaints, but masterfully avoided. Whilst I have not included all of the emails, it does clearly demonstrate unacceptable behaver by those CASA personnel.
28/11/18
CASR 117. I have visited the Latrobe Valley Website and cannot identify the breach. Could you please provide information on specifically which part of the website is causing the regulatory breach, perhaps a link to the relevant page.
05/12/18
In regards to our alleged breach of CASR 117, I have visited the Latrobe Valley website and cannot identify the breach. As per my request submitted to you on 28/11/18 can I make a second request to have the offending link sent through to me, so I can satisfactorily address the breach.
10/12/18
Similarly with CASR 117. I have reviewed CASR 117, and I do understand the regulation but I am having difficulty in responding, as I cant see the “offending:” page on the LTV website. Perhaps a link could be sent through to me and I will attend to that immediately.
07/01/19
Dear Mr Jones, I thought I would take the opportunity to remind you to attend to this. One month ago, you advised that you would respond. My experience dealing with you is that you consistently deflect or do not respond. My request is fair and reasonable and your consistent failure to respond and assist me to finalise this matter is unethical and brings unnecessary continuing harm to my business. Repeated and consistent requests have been made. I am very strongly of the opinion that you are deliberately frustrating my efforts. There can be no other explanation as my request is entirely reasonable. Can you please clearly address my queries, by the end of the day. You have obligations placed on you by the PGPA Act, and I call on you to act professionally and act in accordance with those obligations. Failing an answer to my questions, I will have no option but to initiate a further ICC complaint about the approach that you have chosen to adopt with my business.
Glen
04/04/19
The purpose of this letter is to ascertain the status of the alleged breach of CASR 117 made by CASA against APTA. I am hoping that the variations to our operating conditions will be soon lifted. I want to ensure there are no outstanding concerns that could delay this.
17/05/19
Dear Owen/Jason,
On 3rd September 2018, CASA conducted an audit at Latrobe Valley. The verbal debrief on site on the day identified some suggestions regarding our exams, and those suggestions were immediately embedded. No other concerns were raised.
Then at a subsequent meeting with CASA new allegations regarding Latrobe Valley “forms” was raised by the Regional Manager. This differed to the verbal debrief on the day of the audit. CASA further identified that unfortunately the audit results had not been provided to APTA. Months after the audit, notes were finally presented. They were not dated and obviously written up months after the audit was conducted. The new allegations of breaches appeared for the first time. These results differed entirely to the exit interview, and the meeting in the CASA office with the executive manager and Regional Manager then emerged for the first time, and no mention had been made prior. These “newly written” audit results now claimed breaches of CASR 141.310 (1)
CASR 141.310 (5)
CASR 141.310 (6)
CASR 142.390 (1)
CASR 142.390 (5)
CASR 142.390 (6)
CASR 117
CASR 141.260 (g)
142.340 (g)
Flight and Duty exceedances.
I have made repeated and well documented attempts to resolve these allegations, and CASA has chosen not to respond. As you are aware CASA have varied by AOC and reduced the date of approval. It is critical that I resolve this matter, as the commercial impact is significant, as I have outlined previously. CASA is working on its requirements in the contracts for more than 7 months now, and there is nothing that I can do from that side. My concern is that once CASA finalise the contractual requirements, these allegations will reappear and further impact on my business, by delaying our start.Could you please clarify which of the allegations I need to attend to, and which ones can be withdrawn. You will appreciate that I am obligated to resolve these matters, and that is my only intention. I encourage CASA to assist me by providing guidance. Thanking you in anticipation of your assistance, Respectfully, Glen Buckley
21/05/19
Dear Mr McHeyzer,
Could I respectfully request clarification of the status of the allegations of regulatory breaches made by CASA.
Respectfully, Glen
21/05/19 Email to Mr Crawford
I have made repeated and well documented attempts to resolve these allegations, and CASA has chosen not to respond.
As you are aware CASA have varied by AOC and reduced the date of approval. It is critical that I resolve this matter, as the commercial impact is significant, as I have outlined previously.
CASA is working on its requirements in the contracts for more than 7 months now, and there is nothing that I can do from that side. My concern is that once CASA finalise the contractual requirements, these allegations will reappear and further impact on my business, by delaying our start. Could you please clarify which of the allegations I need to attend to, and which ones can be withdrawn. You will appreciate that I am obligated to resolve these matters, and that is my only intention. I encourage CASA to assist me by providing guidance. Thanking you in anticipation of your assistance, Respectfully, Glen Buckley
11/06/19
Dear Mr Martin,
As you are aware CASA conducted an audit of Latrobe valley. I wish to clarify an incorrect statement in the “structure review” of APTA.
CASA records will clearly indicate that in fact APTA has two CASA approved CEOs, two CASA approved HOOs (with a third on hold due to the current CASA action, and two CASA approved Safety Managers.
This is a misunderstanding on behalf of my CMT, and I would like the opportunity to clarify that. As you are aware we submitted an application on 22/06/18 for the addition of Latrobe Valley as an APTA base.
On 03/09/18 CASA attended and conducted an audit. It was identified that CASA had not provided the audit results and they were provided to us on 20/11/18, months after the audit. On provision of those audit results there were allegations that we were misrepresenting APTA.
Specifically I was concerned about the CASA allegation of breach CASR 117. These were entirely new allegations that we had not seen before. As a precaution, I called a halt to our extensive advertising of APTA and that has continued on for many months.
As you will appreciate that is effectively placing a restriction on my trade. I have made multiple requests to have this resolved and none have been responded to.
I have not done an exhaustive check due time constraints although I did make the following requests in an attempt to resolve the allegation of a breach by CASA
28/11/18 Email to David Jones asking for information to attend to the CASA allegation of a regulatory breach. There was no response to my request
05/12/18 Email to David Jones. Second request. No response to my request.
10/12/18 Email to David jones. Third request. No response to my request.
11/12/18 Email to Will Nuttall requesting meeting to sort out Latrobe Valley audit results. There was no response to my request.
28/11/18 Email to David Jones. No response to my request.
07/01/19 Email to David Jones urging him to respond to my emails regarding audit findings. No response to my request.1
6/05/19 Email to Graeme Crawford.
21/05/19 Emailed to Jason McHeyzer and he advised me to contact Craig Martin.
21/05/19 Emailed Graeme Crawford.
22/05/19 Emailed to Craig Martin. No response to my request.
27/05/19 Emailed to Craig Martin. No response to my request. Craig, please, if CASA make allegations of regulatory breaches, they do impact on my business. After nearly 8 months, can you please respond to my request, to assist me to resolve the allegations made by CASA.
One finalised, that will allow me to recommence marketing. As you can see there have been at least 12 requests. They are reasonable requests. The impact of CASAs allegations is significant, please meet your obligations and assist me to resolve this matter.
Respectfully, Glen Buckley.
13/06/19
Dear Mr Martin,
As you are aware CASA raised a number of allegations of regulatory breaches, and there have been multiple recorded attempts by me, to resolve those issues which have been completely ignored by CASA. These requests have been frequent and been made over many months. You are obligated in your role to assist me. Mr Martin, I must insist that you immediately stop frustrating my attempts to resolve these matters.The approach by CASA is totally unacceptable, and by doing so, you are preventing me access to fair processes. As I have maintained since October 2018, there are no regulatory breaches, and no safety concerns. Not one of my requests has been responded to. By refusing to assist me in resolving these matters I am of the opinion that you are deliberately frustrating my attempts to resolve these matters, and are deliberately protracting time lines. You are not acting in accordance with your obligations.The failure by you to respond, restricts me from conducting my business, which is my common law right. My strong preference is to avoid lodging a formal complaint to the ICC about your conduct, hence I will make one further attempt to receive a response in 24 hours to my fair and reasonable request Mr Martin, I call on you in your role to meet your obligations and assist me to resolve the matter. I call on you to minimise the commercial impact on me and my business to respond. I look forward to your response,
Glen