I sent the following letter to the CASA Board, and the receipt has been acknowledged.
Request of CASA Board for a Statement of Reasons
Link to CASAs full Regulatory Philosophy.
Our regulatory philosophy | Civil Aviation Safety Authority (casa.gov.au)
Link to Pprune Post #1546.Correspondence to Ombudsman describing the matter.
Glen Buckley and Australian small business -V- CASA - Page 78 - PPRuNe Forums
24/02/21
Dear Mr. Anthony Mathews, Chair of the Board of CASA, and the CASA Board,
In this correspondence I refer specifically to CASAs obligations in accordance with CASAs own Regulatory Philosophy and most particularly the sixth item of that Regulatory Philosophy, which I have copied below. I am calling on you, and the Board to ensure that CASA acts in accordance with that commitment given to Industry.
“6. CASA communicates fully and meaningfully with all relevant stakeholders.
At every stage of the regulatory activities in which CASA engages-from contemplating the need to make a rule or impose a requirement, to the application of a rule or requirement-and to the fullest extent possible in the circumstances, CASA will ensure that everyone whose rights, interests, and legitimate expectations will, or are likely to, be affected by CASA's contemplated actions has access to information and advice about:
- what it is CASA proposes to do
- why CASA is proposing to do so
- what considerations CASA has taken into account in forming its view on the matter to hand
- what alternatives (if any) had been considered and why those alternatives had been ruled out
- what the effects of the proposed actions are expected to be and
- what recourse is available to persons who are, or are likely to be, affected by the proposed action.
CASA will ensure that the information and advice it provides to the aviation community, generally and in individual cases, is:
- clear and concise, using plain language and concepts wherever possible
- correct and complete, authoritatively informed and fully informative
- responsive to the questions or issues to hand and
- timely.”
To the purpose of this correspondence.
I have several upcoming court cases that have resulted from the closure of my business, Melbourne Flight Training (MFT) when CASA determined that it was an "unauthorized operation"
These court cases are based on my inability to meet ongoing financial commitments to Suppliers, Customers, and Employees. Whilst I am not necessarily disputing the amounts, the closure of my two businesses by CASA and then the direction by CASA to my Employer that my employment was no longer “tenable” has left me with no ability to meet those obligations. There are no hidden bank accounts or Trust Funds, my wife and I would have less than $1000 in life savings at the moment. I have no assets at all having lost my house, my flying school premises, my two businesses, my employment, reputation, and well-being. I have been left with no ability to meet those commitments, and it is reasonable to assume that one of those upcoming court cases will result in me being declared bankrupt.
The notice that Melbourne Flight Training was deemed by CASA to be an “
unauthorized operation” with no prior notice at all, left the business in a position that it could not recover from. This is explained in more detail by accessing the link to PPrune above.
The first of these Court cases occur in early March. It is essential that I am able to attend those Court Cases and provide an explanation of what occurred. For me to appear in Court and state that CASA closed my business down, could lead the Court to believe I had not operated safely or in compliance with regulations. That would be a reasonable assumption in the circumstances, although it is not correct. You are aware that CASA is not alleging any concerns over any matters of safety, and there are no alleged Regulatory breaches. It was a “change of opinion” by an individual within CASA, that lead to the closure of MFT.
I feel any person making a determination over this matter may find my story “hard to believe”. i.e., determined to be an unauthorized operation based on opinion and not safety or regulatory breaches.
I am effectively requesting a "Statement of Reasons", that fully explains to me the basis of CASAs decision that my flying school of over 10 years is deemed to be an “unauthorized operation” and is forced into closure.
Therefore in accordance with CASAs Regulatory Philosophy Item 6 could you please attend to each of the following queries. My intention is to produce it to the Court as support of my current situation.
Could I ask that you attend to each of the following dot points individually from CASAs Regulatory Philosophy with regards to how MFT was deemed to be an unauthorized operation an how I was required to transfer my staff, and customers to another flying school. I have encapsulated CASAs Regulatory Philosophy into the questions.
I truly do not understand the rationale behind CASAs' decision making, and in a Court, I will not be able to adequately explain the situation. Could CASA please provide a written explanation responding to the following questions about my business, Melbourne Flight Training (MFT)
1. What it is that CASA did? i.e. deeming MFT an unauthorized operation subject to closure in 7 days, and placing a requirement to transfer my staff and customers to another business not owned or affiliated with me in any way.
2. Why CASA made that determination?
3.What considerations did CASA take into account in forming its view on MFT being an unauthorized operation.
4. Did CASA consider any alternatives and why were those alternatives ruled out?
5. What were the expected effects of CASAs proposed actions?
6. What recourse is available to me as someone affected by the CASA action?
Could I also ask that in preparing your response that it be as clear and concise as practical and that CASA uses plain language and concepts where practical for my own benefit, but also mindful that my the intention would be to present it to a Court of Law. I call on the Board to ensure that document is correct, complete, authoritatively informed, fully informative, and responsive to the questions at hand, in accordance with commitments provided in CASAs Regulatory Philosophy.
Finally, as the Court Cases are soon to commence, may I respectfully request a timely response, to my fair and reasonable request. Please note I have made these requests to CASA previously, but no response has been forthcoming.
If you determine that CASA is not prepared to respond to my request, could you advise me as soon as you become aware of that decision, and I will forward a request directly to the Deputy Prime Minister as my expectation is that you have advised him off this matter.
Respectfully, Glen Buckley