CASA – A model litigant?

[vans]

http://www.aph.gov.au/SENATE/committee/rrat_ctte/casa/submissions/sub47.pdf

The above link is to a submission to the Senate Committees Inquiry into the Administration of CASA and related matters. Readers can make up their own minds as to whether CASA is abiding by its own stated values of Integrity and professionalism.

[BAE146]

Two things:

I would like to hear CASA's side to this story and who is John Maitland ?

[vans]

One would assume he is the writers legal representative!

40. Butson engaged aviation lawyers Grundy Maitland & Co (now Maitland
Lawyers), to deal with CASA.

[VH-XXX]

I've heard about some of this kind of behaviour before, but with different names involved.

[tipsy2]

That :mad:pilyk was behind most of it.

tipsy:yuk:furball:yuk:and again:yuk:

[jack red]

.........hey tipsy did you mean :mad:pillock and who were you talking about??
i would like to know who wrote those allegations and as someone has already said........let's hear casa's version of events........

[bushy]

If it's gone to the senate we may hear more, but they may wait until everyone has forgotten about it.

[the wizard of auz]

They won't be allowed to forget about it. The complainant is now a politician.

[Torres]

“CASA will do all it can to ensure that a person whose licence, certificate or authority is suspended or canceled has ready access to full external merits review in the AAT. Once before the AAT, CASA will conduct itself as a model litigant "
CASA, in a document entitled: "A new approach to enforcement". March, 1989.

"Anyone other than Dick Smith who joins CASA, becomes “infallible"

"That's the way the system works. They think: "We are powerful and we are totally unaccountable. "
DICK SMITH, August 1998.

CASA never was a "model litigant" - indeed, they've been known to use every dirty trick in the lawyers book. However, I think there is another side to this story.

I am sure the Senate Report has been released, so it is unlikely you will hear anything further.

Senate Inquiry into CASA. (http://www.pprune.org/d-g-reporting-points/329724-senate-inquiry-into-casa-17.html)

The Regulatory Reform Program will drift along forever (http://www.pprune.org/d-g-reporting-points/164130-regulatory-reform-program-will-drift-along-forever.html)

[vans]

It would seem that this has been done before. See below for a different slant on the operator versus CASA.

1741229

[bushy]

The rubbery rules are the problem. "casa must be satisfied" is not a standard, it is not definite, and it looks to me like a licence to cheat.
What's happening with m@cair runs. You cannot borrow or lease an AOC, in fact I have seen it written that if CASA closes down an operator no-one can fly his routes, use his aeroplanes, or employ his people.
But it seems that in this case people who have paid for a ticket with an RPT operator will be (have been?) carried by another operator who does not have an RPT AOC for these routes. So they cannot be RPT flights.
It appears to be a breach of the regulations, but apparently is ok. Is that because "CASA is satisfied."
There is and has been for decades, much confusion about what is charter and what is RPT and what is aerial work. It is charter if "casa is satisfied" that it is. It appears that they want it that way and it has hindered the industry greatly for a long time. Charter operators have got into serious trouble with casa for doing exactly what is happening in Queensland now. Paul Phelan wrote about it.
If this (polar air) or any operator has broken the rules then he should be summoned to a court and dealt with. If it cannot be proven in court, then leave him alone and let him get on with his business.
I do not believe that anyone or any organisation should be able to hinder his business or threaten him or his business. Any person or organisation that does so ahould be taken to court to answer for their actions.
It appears that money is a factor, and politics. We rarely see casa harrassing or prosecuting our major airlines, unless our politicians have told them to do so. In fact they seem to be immune from such things.
(yes, they shut Ansett down after the minister told Mick Toller to"be fearless in your dealings with Ansett")
There seemed to be problems in North Queensland with casa and the smaller operators, and there are stories of casa sending important faxes to operators very late on a Friday afternoon before a long weekend.
I have to wonder about the real purpose of casa. I think they are there to protect the federal government and themselves from any legal liability arising from aviation. Sometimes I think casa also meddle in commercial regulation of aviation using indefinite, rubbery rules. Some operators can do certain things, and others cannot.

[Socket]

Wiz, he stood for election but didn't win.

[the wizard of auz]

I stand corrected then. I bet it still doesn't go away quietly. :ok:

[vans]

The following is an excerpt taken from Hansard, 7th September 2006. The speaker is Kim Wilkie, Australian Labor Party. He seems to support Mr. Butson’s case.

The whole thing smacks of a Monty Python out-take and would probably be amusing if it were not for the fact that CASA is charged with administering air safety. The AAT hearing held in August resulted in CASA being required to issue an AOC and ordered CASA to use its best endeavours to assist Polar Aviation. You would think that this would be the end of the matter, but no; the saga continues, with CASA appealing to the Federal Court and losing. Imagine the cost to a small business operator of having to go to the Federal Court and defend itself against a federal organisation with unlimited money. They know they have got unlimited money and they think that they can drive these poor little guys out of business by continuing to go to court and making them spend enormous amounts of money defending themselves. Again, this is outrageous. CASA’s recalcitrance and animosity towards Polar Aviation continues to this day, with the most recent AAT hearing in March this year resulting in conditions placed on Polar Aviation being varied, against CASA’s wishes