22/03/20
Dear Mr Hanton, CASA Industry Complaints Commissioner,
I have received your final findings regarding my compliant that CASA Flight Operations Inspector, Mr XXXX XXXX advised my Company that “He had legal advice that temporary locations are not intended for flying schools”.
You supported your findings with the following statement (my bolding)
“It is clear that CASR requires any facility from which the operator conducts flying training to be treated as a training base….., any place where there is a building or structure that the operator uses, no matter how briefly, in the provision of training must be treated as a training base.”
Mr Hanton, quite simply that statement is not factual/truthful. For clarity the Civil Aviation Safety Regulations
do not state that, and I must insist that you direct me to that legislation if you maintain the position that the regulations do state that.
I have a fair and reasonable expectation that your office will arrive at decisions, based on fact. As an Industry stakeholder I am entitled to that level of integrity in the process. If your office claims that to be fact, it is more than reasonable that I require you to direct me to that legislation.
I further draw your attention to the following information. There can be no doubt that the procedure of a Temporary location is actually intended for flying schools, and clear evidence of that can be found in the Technical Assessors handbook at C 2.5b which can be found via the following link
www.casa.gov.au/files/casr-part-141-teachnical-assess-guidpdf This is a publication written and intended for flying schools
Similarly the CASA provided Part 141 Sample Operations Manual addresses Temporary locations at A 1.6.4
https://www.casa.gov.au/files/casr-p...ons-manual-v30. This is a publication written by CASA and intended for flying schools
I also add that our manuals that were designed in conjunction with CASA, approved by CASA and subsequently audited by CASA had comprehensive procedures on Temporary locations, and our procedures were comprehensive and far exceeded the CASA minimum requirements.
Finally I add that most of Australia’s flying schools had approved procedures for Temporary locations, and in fact CASA printed the procedures on AOCs, prior to formalising the procedures in the above documents. I can provide a copy of my expired AOC if you dispute that fact.
For clarity, it is absurd that a CASA Flight Operations Inspector would advise that he has had “legal advice that Temporary locations are not intended for flying schools.”
For clarity, I stand by my assertion that the FOI was not being truthful and was not acting with good intent or integrity. If he did receive that advice, which is highly unlikely, you should be able to nominate the person within CASA that provided him with that advice. Mr Jonathan Aleck as the Executive Manager of Legal and Regulatory Affairs would be the person that most likely provided that advice or would be able to identify the individual within his Department that did.
You are aware that the CASA action has personally left me destitute, resulted in the loss of my own business, and the closure of several other businesses.
I am very much of the opinion that there is a “cover up” within CASA. I make no suggestion that you are complicit in that misconduct, but I do have a reasonable expectation that your office will act with integrity to achieve a fair outcome.
Please note, that I have included the Chairperson of the CASA Board in on this correspondence. I have also included the Deputy Prime Minister, Mr Michael Mc Cormack in on this correspondence and as is his Departments requirements, I have included my name, address and contact details.
I look forward to advice on your intended course of action.
For clarity.
Did the CASA Flight Operations Inspector receive legal advice that Temporary locations were not intended for flying schools, and if he did, please nominate the person who provided that advice, and is prepared to “stand” behind that advice and be accountable for it.
I hope you appreciate my frustration, but CASA does operate under the Australian Coat of Arms, and that suggests to me that the highest standards will be upheld.
Respectfully
Glen Buckley
6 Susan Court, Mount Waverley
Phone 0418772013