PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 3rd Nov 2019, 02:03
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glenb
 
Join Date: Aug 2004
Location: melbourne
Age: 58
Posts: 1,108
Received 79 Likes on 37 Posts
Letter sent to Mr Carmody

03/11/19.

Dear Mr Carmody. I am making a direct appeal to you in your role as the CEO and Director of Aviation Safety (DAS), of Australia’s national aviation safety regulator, the Civil Aviation Safety Authority (CASA).

I have a reasonable expectation that you will make decisions in a well-intentioned manner, and primarily in the interests of aviation safety.

My name is Glen Buckley, 6 Susan Court, Mount Waverley, 3149.

During my career of 25 years in pilot training, I have operated in the following roles, each requiring a CASA initial assessment, and CASA renewals.
· Grade One Instructor,
· Chief Flying Instructor (CFI),
· Chief Pilot (CP)
· Head of Operations (HOO)
· CEO


CASA records will demonstrate that throughout the last 15 years of operations, as a business owner, I have consistently demonstrated, industry leading standards of safety and compliance. Those operations were well intentioned.

I have also operated for 10 years as the Principle Executive Officer of a Registered Training Organisation. ASQA records will indicate an industry leading level of compliance. Those operations were well intentioned.

For 15 years I have been delivering training to international students under a CRICOS approval. There have been no complaints ever, by any of the hundreds of international students that I have had the pleasure to work with, and those operations were most certainly well intentioned.

I have employed over 50 pilots, and administrative staff, during the last 15 years of operation. I have treated them with fairness, and respect, and in a well-intentioned manner.

In my opinion, and by making those statements above. I believe that I have run a safe, compliant, well intentioned business for 15 years. That business was a flight training organisation.

Taking the above into account, I am qualified to make the statements that I am about to make. They are substantive:

I sincerely believe that there is a grave and imminent risk to aviation safety. I have written to you repeatedly on this matter, providing the basis for that assertion. You are also aware that I have made substantive allegations against four CASA personnel, and it is in fact, their conduct that has created this unsafe situation. They are;
1. Mr Graeme Crawford in his role as CASA Aviation Group Executive Manager.
2. Mr Craig Martin in his role as CASA Executive Manager Regulatory Services and Surveillance.
3. Mr Jason Mc Heyzer in his role as CASA Region Manager Southern Region.
4. Mr Brad Lacey in his role as a CASA Flight Operations Inspector.

In naming them, I do it to protect the reputation of the personnel within CASA that are not involved.

Regarding their conduct, and their decisions, and in plain English, I allege;

1. Decision making that compromises aviation safety, and in fact creates a grave and imminent risk to aviation safety
2. Improper, wrongful, and unlawful conduct.
3. Those personnel have made decisions that a well-intentioned person would not make, if they were making their decisions on considerations of safety and/or compliance.
4. Breaches of Administrative Law, and Procedural Fairness.
5. Breaches of CASAs Enforcement Manual. https://www.casa.gov.au/publications-and-resources/publication/enforcement-manual.
6
. Breaches of the Ministers Statement of Expectations. ( https://www.legislation.gov.au/Details/F2019L00977 )
7. Breaches of CASAs Regulatory Philosophy ( https://www.casa.gov.au/about-us/who...ory-philosophy )
8. Those personnel have not acted with honesty, consistency, and integrity.
9. Those personnel have not acted with care and diligence.
10. Those personnel have not acted with impartiality, respect and courtesy.
11. Those personnel have acted in a bullying and intimidating manner.
12. They have mismanaged public resources in breach of their obligations under the PGPA Act and have consciously and deliberately used public resources in a manner that is not fiscally responsible ( https://www.legislation.gov.au/Details/C2013A00123 )
13. I allege those four personnel have made calculated decisions that have caused detriment to me and my family, my business, and other businesses and, that they have deliberately avoided attempts to work collaboratively and resolve those issues.
14. I allege that their considered decisions and actions potentially bring harm to the integrity and good reputation of their fellow Employees and CASA in general, which can only degrade safety.
15. I allege that one of those four personnel, has improperly used inside information.
16. Those personnel have provided misleading information.
17. Breached obligations under their respective Position Descriptions.
18. Abused their authority associated with their respective positions as CASA employees.
19. Are making decisions and choosing courses of action to avoid public scrutiny.
20. Are placing their respective personal interest above the public interest.
21. They are deliberately frustrating democratic principles.
22. They are deliberately not upholding the values, of the Australian Coat of arms, and in fact, their conduct is unbecoming to the Australian Coat of Arms and brings it into disrepute.
23. In contrast to the Prime Ministers Speech to the Institute of Public Administration 19/08/19 where he outlined his “guideposts.” https://www.pm.gov.au/media/speech-i...administration
24. In contrast to CASAs “values”. https://www.casa.gov.au/about-us/who...ion-and-values

Those are substantial allegations, I stand behind them, and understand I am fully accountable for them. They are truthful, and in the public interest.

Decisions have been made, and continue to be made, by those four “named” personnel in CASA, that cannot be justified on a safety, or regulatory basis. Their decisions have been, and continue to be, made on personal interest considerations ahead of aviation safety considerations, those decisions measurably, and unacceptably compromise aviation safety.

You personally, as the CEO hold “information” that would be “concerning”, and clearly supports my assertions. That information is;

1. From within your own organisation by way of “workplace feedback” and possibly suggests a culture “highly inappropriate”.
2. Statistical information your personnel have gathered.
3. Assertions made repeatedly by me, in writing over a 12-month period, alerting these staff to the safety ramifications of their decisions.
4. Feedback from industry.

You are compelled to make a decision. Those four personnel cannot remain operational, and certainly not in any safety sensitive activities. I have called for it repeatedly, it is reasonable. It makes no suggestion of innocence or guilt, it takes those personnel out of an operational role, in what may be a stressful situation for them, and shows appropriate respect to processes, and most importantly, maintains or improves safety.

At least one those named personnel has had substantial claims against his conduct previously. That is public knowledge, and was bought to light as result of a recent ABC TV investigative news piece. https://www.abc.net.au/7.30/dying-pi...fatal/10444124 of which he was integral to. I raise the same allegations against his conduct, that were previously bought against him. There is potentially a “pattern”, it cannot be reasonably ignored

.One other, of the four has been found by CASA ICC processes to have acted, at least “unreasonably and inappropriately”, If you choose not to stand these personnel aside, you will need to justify your decision making, as the CEO of CASA. It is negatively impacting on safety and clearly increases the likelihood of an aviation incident or accident.

If you choose an alternative course of action, and cannot reasonably justify it, I will bring a formal allegation of gross misconduct, unconscionable conduct, or malfeasance, as appropriate against you. I will be compelled to do so.

You would be choosing to compromise safety, ahead of personal interest.I will call on widespread industry support if I you require it of me.I am simultaneously including the CASA Board in on this correspondence, as they may be called upon to support your decision making and are responsible for the good governance of CASA.

I have insufficient trust or confidence that CASA will attend to my safety concerns in a well-intentioned manner, and in the required timelines, so I am publishing this letter to ensure public scrutiny over the decisions you as the CEO make, going forward. This will also expedite timelines in attending to important safety matters.

Quite simply, I will not accept those four personnel making operational decisions for other operators whilst my allegations have not been discredited. It potentially poses an unacceptable risk to aviation safety.

I respect that in your correspondence you clearly stated the matter is closed, however it is an aviation safety matter, so I steadfastly refuse to let it be closed, until it is resolved.

Can I offer one final alternative at a dispute resolutionI am a 54-year resident of Chisholm, and my representative is Ms Gladys Liu, from the Liberal Party. I have previously provided Ms Liu with information on my concerns. She understands the basics of them, and has demonstrated herself to be professional, and diligent.Could I meet with Mr Carmody and his nominated attendees at Ms Lius Canberra Office, at the soonest practical opportunity.

Both CASA, and I could present our respective safety cases, with Ms Liu as an independent observer.At the end of that meeting, she could confidentially provide feedback to the PM or Deputy PMs office for a final determination of the Governments position, going forward.

As I have stated repeatedly, these are significant matters of aviation safety, and must be addressed. An independent assessment by someone external to CASA, and acting with good intention, such as Ms Liu, could be invaluable.

I do not mean to come across as combative, but you must understand my determination, and resolve. My interests should be well and truly “in tune” with every CASA employee, as they are primarily about safety, and the integrity of CASA. My hope is you share those values. Glen Buckley.
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