Making sure Mr Carmody is aware of the commercial impact 21/12/18
Dear Mr Shane Carmody,
I am writing to ensure that CASA as an Organisation is fully aware of the repercussions of its inappropriate actions.
CASA has advised that they intend to shut down my entire operation, and not on the basis of any safety concerns.
I intend to mount a very public and robust defence of APTA, the concept, and its members. The simple facts are that the CASA action will result in sending my Business bankrupt and CASA would be aware of those consequences.
If there is any doubt, then I reiterate it here. As a Company Director, I have obligations on me to maintain solvency of the Business. The CASA action will force me to close the Business, and CASA will be held fully liable for that. The claim will be substantial. I will however be putting a stop to that CASA action. The repercussions are too serious on too many people, and as this is not a safety matter it will not be proceeding, I can assure you.
CASA has not initiated this action on the basis of any safety concerns. Your bullying and intimidating approach will be held to account. By CASAs own admission the trigger for the action against me was the “Aviation Ruling”. I challenged that action on the basis that the aviation Ruling did not apply. By its own definition it referred to an “arms length arrangement”. Quite simply APTA does not operate with an arms length agreement. The fact is that APTA operates as the one Organisation in all matters regarded to Safety and Compliance which should be the areas of focus.
In addition I pointed out that it referred to “CAR 206”operations of which flying training is not. Furthermore the Aviation Ruling was written in 2006 for an entirely different regulatory environment. It also refers to a Chief Pilot, a role which does not exist in a Flight Training Organisation. This matter has now dragged on for two months at a cost to my Business, well in excess of $100,000.
I was advised at the meeting with CASA on 20/12/18 that the Aviation Ruling is now “off the table” and CASA is pursuing a completely different line of attack which will be advised to me via written notification. This is quite simply outrageous and immoral.
If CASA has determined now to change tact then I must hold you liable for the damage caused over the last 9 weeks. You are choosing to use brute force rather than any sense of decency. I will irrefutably demonstrate in the public domain, how
CASA has Acted with total disregard for its own Regulatory philosophy
Made false allegations in audits of a substantial nature that were challenged and retracted.
Failed to provide me with natural justice/ procedural fairness Blatantly breached the requirements of Administrative law
Operated in breach of requirements of the Public Governance, Performance and accountability act Acted to bring harm to me and my business Compromised safety Caused job losses and particularly in regional areas Caused enormous stress and harm to me, my family and my Business. Failed to achieve clear and concise aviation safety standards as required of it in the Act.
Produced a negligently inaccurate Regulation Impact Statement with regards to Part 61/141 and 142.
I have exhausted all opportunities to resolve this with CASA, and it must now proceed to the next step. My argument will be very public however at all times I will ensure that responsibility lands where it should. CASA is an organisation of many exceptional and Industry leading people. Unfortunately when senior management choose to act in such a combative and inappropriate manner you actually make the job of the “troops” that much more difficult.
My issue is not with the people at the coalface, and I intend to make that very clear. There are many people in that Organisation of whom I have a high level of confidence and trust. My battle is not against the individuals within the Organisation.
My issues are caused by a CASA approach of using bullying and intimidation as their preferred course of action. I will be encouraging you to follow my thread on this matter on Pprune. I will be soliciting support of this from the wider community and media, while also initiating processes to ensure legal recompense for all affected parties.
To all of the well intentioned professionals in the Organisation I wish you a merry xmas, happy New Year, thankyou for your efforts, and recognise that you are not “the problem”. To the few that cause so many problems for your work colleagues and for Industry, I intend to hold you to account.
Regards. Glen Buckley