19/07/20
Dear Mr. Jason McHeyzer,
I have included the Deputy Prime Minister, Mr. Michael McCormack in on this correspondence, and am requesting that his Office advise me of receipt of that correspondence.
I have also forwarded this to Colin McLachlan the CASA Board Secretariat and ask that he distribute it to each individual that serves on the Board of CASA, as they are responsible for the good governance of CASA.
As you are aware you sent a direction to my Employer that my position was "untenable based on comments that I was making publicly". I have had a phone conversation with the Commonwealth Ombudsman today, and as you are aware his investigation is continuing into this matter. I am advised by the Ombudsman that his investigation into the matter does not prevent me from pursuing this matter with CASA.
In this correspondence, I am referring to your direction to my Employer that my position as a CASA approved Head of Operations was untenable based on comments that I was making publicly. As you are aware I do not feel your direction was lawful. Furthermore, it has bought significant reputational, financial, and emotional damage to me. After 25 years in the aviation industry, I have now been forced to leave the industry that meant so much to me.
I had served as a CASA approved Head of Operations for a period of 15 years, and during that entire period had demonstrated industry-leading standards of safety and regulatory compliance. My understanding is that your direction was
not based on matters of safety or regulatory compliance. If my understanding is not correct could I ask that you specifically identify that in your response? You effectively directed that my employment as a CASA approved Head of Operations be terminated. I am considering pursuing legal action against you in your role as a CASA Region Manager- Southern Region, as compensation for harm caused to me and my family.
Under Australian administrative law, persons affected or aggrieved by a decision may be able to apply to the decision-maker, being CASA, for a formal Statement of Reasons. A Statement of Reasons is available if the decision in question could be appealed to either the AAT155 or the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act)156 and can be obtained by requesting the Statement of Reasons in writing. While not an avenue of appeal as such, obtaining a Statement of Reasons can assist a person aggrieved by a decision to assess whether they have a case worth appealing, by fully explaining the reasons for a decision and the findings of fact and evidence considered by the decision-maker. The Administrative Review Council has identified a number of benefits flowing from formal use of Statements of Reasons, namely they: – provide fairness by enabling decisions to be properly explained and defended – assist the person affected to decide whether to exercise rights of appeal or review – improve the quality of decision making – promote public confidence in the administrative process – assist tribunals and courts to better perform an administrative or judicial review.
CASAs own Regulatory Philosophy can be accessed via the attached link
https://www.casa.gov.au/about-us/who...ory-philosophy
CASA makes commitments to Industry in this Regulatory Philosophy, and your conduct has breached multiple commitments given to industry in that Regulatory Philosophy.
As you were aware the ramifications of your direction have caused enormous financial and emotional distress to me and my family. I am looking at options available to me to initiate legal action against you based on that direction you made to my Employer, as I do not believe that you have the authority to make such directions to an Employer. An explanation from you will assist me in determining options available to me.
The purpose of this correspondence is to seek an explanation from you by requesting this "Statement of Reasons".
When you sent that direction to my Employer can you specifically identify if that direction was made on the basis of any matters that relate to Aviation Safety.
Can I also ask you to clarify if that direction was sent on the basis of any regulatory breaches?
My understanding is that your direction was not made on the basis of safety concerns or regulatory breaches. Therefore can I ask you to identify the specific comments that I made that compelled you to decide that my continuing employment was untenable? To the best of my knowledge, the only public comments that I made were on the pilot's forum PPRune. Could you identify the specific post that offended you, or caused you to send that direction? If it was not the Pprune forum comments then could you identify which comments and where they were posted. I have attached the link to the Pilots Forum to provide you the ease of access.
https://www.pprune.org/australia-new...ss-v-casa.html
I am also asking you to explain the reasons that you felt the appropriate course of action was to contact my Employer rather than contact me directly.
Could I also ask you to identify if you considered any other course of action, or did you feel that direction was appropriate and proportionate?
Thanking you in anticipation of your prompt response.
Respectfully, Glen Buckley.