Glen Buckley and Australian small business -V- CASA

[glenb]

correspondence from CASA-post meeting

As you are aware, I had my meeting with CASA and provided some initial comment on Pprune in Post # 2871.

I had intended to provide a further update the next day. For the first time in many years, I have slept in past the early hours and not had time to get down to the pancake parlor before work.

In the interim, I have received the following correspondence from CASA summarizing the meeting.

In the meeting I made it clear that i was of the opinion that the only reason that this matter had been kept afloat was because of Prune and Aunty Pru, and that i would continue to publish on those forums, and that i would publish my summary of the meeting. There was no inference that I should not do so.

Understandably, the Chair had an awareness of pprune and AP, but did not follow the forums actively, and I would not expect him to do so.

The response from the CEO suggested that she had a higher level of awareness. Whilst I do not expect that she would be an active follower, I must give credit where credit is due. Considering that she comes from a completely different Govt Dept, it does suggest at least some intent to "have her finger on the pulse" of GA.

The point being that when this letter was sent to me, I believe that the writers would have had an expectation that it would be published on these forums so here it is.


Dear Glen



Mark and I would like to thank you and Sonoko for coming to Canberra to discuss the outcome of the Ombudsman’s review.



In Mark’s opening remarks he noted that the CASA Board had supported the Ombudsman’s Investigation and accepted the findings that (i) there were no recommendations that would lead to a change of CASA’s legal decisions; however, (ii) like the 2019 ICC review, it had concluded that the manner in which CASA had gone about communicating and engaging with APTA around a significant regulatory change was unfair and not in accordance with our Regulatory Philosophy. On behalf of the Board and CASA’s Executive, Mark passed on our sincere apologies and explained that CASA has since made organisational changes to ensure better engagement with industry, and consistency and timeliness of decisions within CASA.



I said I would circulate to you a draft of the action items that came out of our discussion for your consideration. Please provide any comments you have in response by 11 October 2023.

1. I undertook to contact ( a CASA FOI heavily involved in APTA) about his observations of the prevalence of APTA-like arrangements in the flight training sector of the industry.
2. I said I would follow up with CASA’s Freedom of Information team on the status of your request for APTA’s June 2019 contract with Latrobe Valley.
3. Both Mark and I stressed that if you have any direct evidence that specifically contradicts the Ombudsman’s findings, then this should be provided to it. I offered to contact the Ombudsman to request it review any such material.
4. Mark agreed CASA would explore whether APTA’s exposition alone sufficiently set out the type of arrangements that would have allowed it to demonstrate compliance with regulatory requirements.
5. You set out that it was your intention to (i) seek an Act of Grace payment from the Department of Finance; and (ii) make a referral to the National Anti-Corruption Commission in relation to Jonathan Hanton’s conduct.
6. We reiterated CASA’s support for any Act of Grace payment application you make, and I agreed to ask my Executive Officer (Aidan Bruford) to contact you to provide whatever guidance we can in navigating the Department of Finance’s process.

We will endeavour to get back to you within three weeks on the points above that relate to CASA.



At the meeting you also explained the impact that Jason McHeyzer’s email to APTA describing your ongoing employment as being untenable caused you. I understand that, through its lawyers, CASA made an offer to you in 2020 in response to a Concerns Notice it had received. While that offer has lapsed, on a without prejudice and ex gratia basis CASA is open to reconsidering compensation for damages that may have been caused by the contents of Mr McHeyzer’s email of 27 August 2019. Please let me know if that is something you would like to pursue. Any compensation would relate only to Mr McHeyzer’s 27 August 2019 email and would be wholly separate from any the Act of Grace process.



Finally, we are conscious that you incurred costs coming to meet with us in Canberra. Please provide receipts of those costs (airport transfers or parking; flights; rental car) and CASA will arrange that these be reimbursed.



Regards



Pip