Pudniks and CASA [2021/5950]

[skinduptruk]

letter to DAS/CEO Pip Spence re CASA engagement and listening (14 Sep 21)

TO: Director of Aviation Safety, Pip Spence, CEO CASA.

***

Good afternoon Pip,

I have been reading up extensively on the 30 year history of CASA nee CAA in general aviation matters.

I sincerely wish you well on the transformative culture change that is clearly desperately required.
I also read your recent briefing to industry and I have formatted my letter as a response to your briefing (please find your text in green below).

I have made it clear to everyone in CASA that a key part of our job is engagement and listening.

CASA Investigators called me up and made allegations of illegal flying. They refused to identify their qualifications, or legal powers to do so, or the process ahead. By contrast, CASA Investigators ignore the unlawful behaviour of SAFA at every turn. I made a complaint to your ICC and his initial weak finding was that "I did not rely on the information and views of CASA". When I clarified the issue further, your ICC is so slow to investigate (currently underway on this issue), he is practically useless.

We must have effective and productive working relationships with people and organisations across all sectors of Australian aviation so that we engage on issues in a timely and meaningful way.

CASA has taken over 12 months to stall their review of my 20 page document for Part 149 self administering organisations (SAO). Faced with pressure to do something after one year, CASA now outright refuses to review my paperwork, having deemed the pending CDPP investigation "relevant" for some reason. So much for innocent until proven guilty, CASA knows better apparently. This is the same pending CDPP investigation that CASA has delayed at every turn since 1 Aug 20. I am taking this matter to the AAT, with an Interlocutory hearing set for Fri 24 Sep 21.

CASA needs to know about the challenges being faced by the aviation community and be made aware of emerging and evolving safety risks.

CASA overlooks the unlawful behaviour of SAFA, who can suspend and cancel licences for "no reason" just like CASA can. This creates a worlds-worst-practice safety culture where no one would dare to raise safety issues for fear of being banned by the club "in group" of so-called leadership. The SAFA constitution is illegal under Australian law, specifically the Administrative Appeals Tribunal Act 1975 which states a person receiving an unfavourable decision must be informed of their right of reply. Yet CASA tolerates this situation within SAFA, and within CASA, for years on end, with no explanation. This situation is inexplicable and deeply disturbing, from a modern safety culture point of view, in line with basic world safety philosophy.

To translate this engagement into practical outcomes, it is our job to listen. By that I mean we must not make judgements on the views of others before asking questions and making sure we really understand the issues being raised. And, of course, we must be ready to act.

CASA is currently making judgements on my views, without asking any questions of the unlawful behaviour of SAFA. CASA has not been acting; rather CASA refuses to review my 20 page paragliding operations manual (PGOM) in support of my Part 149 SAO application. The document is exactly structured against the CASA compliance matrix framework for ease of reference.

CASA already engages widely with the aviation community and my emphasis is intended to build and improve on these existing formal and informal communications. My intention is not to create a whole new way of operating, but rather to strengthen the relationships and communication between CASA and the aviation community.

The typical response time of CASA to a simple question is one month. So far, CASA has taken over 1 year to ponder, and now outright refuses, to review my 20 page Part 149 paperwork! I have reluctantly taken the matter to the AAT to force CASA to "do their day job". This situation is a disgrace, and by my understanding, CASA's behaviour has adversely affected all aspects (including safety) of general aviation in this consistently adversarial, petty, and vindictive manner for the last 30 years. Honestly, you do need to "create a whole new way of operating". Any reasonable person can see that.

You may believe this is a minor matter to do with fringe, recreational sports aviation such as hang gliding, paragliding, and skydiving etc. I have included some news links below to highlight that the CASA inaction and dysfunctional regulation of sporting clubs like SAFA and APF is costing lives every year, and it will continue to do so until addressed head on.

Yours Sincerely,
Kurt Pudniks BE (Hons) BSc (Hons) MIEAust CPEng

***

Husband whose wife died in Mission Beach skydiving accident launches legal action (ABC News, 9 Sep 21)

Complaints against paragliding instructor 'ignored' before fatal crash, coroner hears (ABC News, 21 Jan 15)

***