PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 2nd Feb 2021, 23:24
  #1471 (permalink)  
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Join Date: Nov 2001
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On the matter of the contracts. At the time of CASA sending that initial notification on October 23rd, 2018, calling on me to supply contracts, embarrassingly for CASA, they already held the contracts, and they had been supplied to CASA on multiple occasions, well before the date of October 23rd, 2018. CASA had “overlooked” that very important fact. This indicated to me that CASA had not provided a proper handover when APTA was transferred from CASA CMT 2 to CMT 3.

Had CASA realised that they already held the contracts, it is most likely they would not have placed the trading restrictions on the business, and they would not have called on me to provide contracts that CASA already held or acted in such a heavy-handed manner. The contracts were entirely my own initiative and had been supplied to CASA on numerous occasions. CASA had shown little or no interest on the multiple occasions that I previously provided copies of the contract. My reasonable assumption was that they had no interest in the business aspects, which understandably are outside CASAs remit, unlike regulatory compliance and safety, which clearly are.

Initially CASA denied that I had provided contracts. I directed them to the multiple emails that supported my contention. CASA then concurred that they did in fact hold the contracts. In Post #1448 there is evidence that a copy of our contract was provided to Mr Graeme Crawford, the second most senior person within CASA, over 1 year earlier. At the time of writing Mr Crawford is the Acting CASA CEO. The contracts were also supplied to multiple other CASA personnel on multiple occasions within CASA ...
Glen

Can you please post a copy of one of the contracts APTA entered with a Member. You can black out names and addresses and numbers and signatures etc, but I think it is essential to see a copy of what you say CASA had.

If you are not willing to do that, can you confirm that the contracts you say CASA had:

1. were signed on behalf of APTA and the Member concerned, and

2. contained clauses to the effect required by CASA.

I'm not saying the regulatory regime enabled CASA to refuse an approval if the above was not provided but, if the regulatory regime did enable CASA to do so, the terms of the documents that you say are contracts provided to CASA become critically important.
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