Mark Whitaker Campaign for AAPMBF Trustee

[paul makin]

Mark’s case raises interesting aspects for members to ponder when they get their voting papers.

Captain Harget’s latest response to Mark, is the only one where rules used in his case have actually been quoted, and then only in a generic sense ie Rules 7 and 8. Each of those rules have many sub-parts but clearly Capt Harget wishes not to be pinned down on exactly how and why Mark’s claim has dealt with the way it has. Capt Harget’s acknowledgement of the invocation of Rule 8 is a critical one as will be explained in the following.

Mark’s claim, as with most, started out as a claim pursuant of rule 7 Disability Benefits. At sometime after 15 months and prior to the expiration of 60 months the Board may progress a claim to a Capital Benefit claim (Rule 8). If the Board (and medical adviser) are in agreement that the status of the claimant is unlikely to change and that the loss is indeed permanent, then under rule 8(a) capital payment may be made. That is not the case for Mark as the Board do not have a concensus.

Rule 8 (b) applies to Mark’s case. The Board are not in agreement, so under the rules they are to call upon their medical adviser, currently Dr Liddel, to appoint another independent specialist to assess the claimant. The rules state that it is this opinion that should be used in the determination of the case. In Mark’s instance the specialist so appointed, agreed with the other two specialists that medical intervention was the appropriate treatment. As Capt Harget suggests that the Boards determination was made on medical advice, then this advice must have come from Dr Liddel as the three cardiac specialists made no recommendations for surgery. The rules are quite clear that the opinion of the appointed specialist is to be arbiter. Three specialist say medical, Dr Liddel (who is not a cardiac specialist) says surgery.

Rule 8 (b) entertains only two possible outcomes each of which is dependent on the outcome of a reapplication to CASA for the reinstatement of a Class 1 medical certificate. If the certificate is reissued, payments cease and if it is no reissued, capital payment is to occur forthwith.

Mark has jumped through all the hoops, the specialist determined his condition, the results were passed to CASA, and his Class 1 medical was denied. Contrary to Capt Harget’s assertion that rules 7 and 8 have been complied with, the only provision of rule 8, yet to be completed is the requirement of the AAPMBF to make Mark’s payment forthwith.

Instead, having disliked the outcome, the Board has reverted Mark’s case to a Rule 7 Disability claim, and has continued his monthly payments. Curiously this action goes outside the Rules. There is no provision within Rue 8 to revert to Rule 7. The Board in proceeding to Rule 8, as is indicated by their appointment of an independent expert, and confirmed by Capt Harget, are committed to that rule to its logical end. Even if there were a provision to revert to rule 7, by rejecting Mark’s claim in the face of three expert opinions, the Board has in effect said that Mark, through his unwillingness to undergo surgery, is not not taking all reasonable steps to regain his class 1 medical. Under Rule 7(l) this would disqualify him from further payments. By extension, as the Board continue to pay Mark monthly benefits, they must be satisfied that he is indeed taking all REASONABLE steps to regain his medical status. So which is it?

This is where this case becomes relevant to the up coming vote for Board positions.

For the past 12 or so years the AAPMBF has become increasingly polarised and introspective, to the point now where we have a dominant faction of older, retired ex members, who with support from a couple of other individuals with independent agendas, dictate the direction of the fund. Couple that with a Fund Manager who is more interested in commercial outcomes rather than Mutual Benefit, and we have a toxic mix.

For too long the Board has failed to come to grips with changing medical and licensing standards. What was in place in the past is no longer adequate nor will it be in the future. For the past 4 years I have been pushing a barrow in respect of the effect an “as or with co-pilot” restriction has upon a pilots medical certificate. This one aspect, under the current rules, adversely affects that large section of our membership who operate in a single pilot environment. Despite the assurance of Chairman Williams in his 2008 summary, that reviews of the Fund Rules were ongoing, this important aspect of the fund has received no attention. Instead, over the period since 2008 to the present, the only significant changes to the rules have been to strengthen the influence of the Board and the Manager, to decrease the influence of the membership and to shroud the whole organisation in secrecy. How many members are aware that the secret “constitution” imposed last year, advocates payment of Trustee Directors and allows the appointment of an unlimited number “Secretaries” with no reference to the membership. The organisation has been well served by volunteers (most ) with altruistic motivation, since it’s inception, why change it. Capt Harget in response to a direct question on this matter at the last AGM, gave his support to the concept.

Fortunately two members of the old guard are time expired and are unable to re-stand for election. This has the potential to change the dynamic of the organisation.

When considering the candidates remember:
Capt Harget has been in the chairman’s position for the past year, during his tenure no rules have been changed. Single pilot operators had limited protection when he took over the reins and there has been no change, proposed, to the status quo during his tenure.
In respect of Mark’s case his assurance that the Rules have been complied with does not stand scrutiny.
Capt Harget is an advocate of paid Directorships.

The balance of power within the AAPMBF may very well lie with the new board members you elect.

Choose wisely.

Paul Makin
Former Chairman of Trustees AAPMBF
37 years membership AAPMBF