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Glen Buckley and Australian small business -V- CASA

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Glen Buckley and Australian small business -V- CASA

Old 16th Sep 2019, 02:16
  #561 (permalink)  
 
Join Date: Aug 2019
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CAsA didn’t just offer the ombudsman out of the blue, it sounds like Glen emailed them and asked for an independent review?
Flaming galah is offline  
Old 16th Sep 2019, 02:58
  #562 (permalink)  
 
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You have to wonder if the talk of court cases is making a certain organisation a little nervous, and therefore looking for an out. But Glen it is your money (mostly, our donations wont cover a fraction of the real cost) and you and your families lives that will be impacted either way, so take the time and maybe get some proper advice as to your best course of action.
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Old 16th Sep 2019, 06:33
  #563 (permalink)  
 
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It’s part of the mediation process, where CASA can say to the court that they offered this option but it wasn’t taken. What’s the term?”clean hands”? Coming to court only after following all of your obligations? Puts the person with clean hands at an advantage in the court. Some good legal advice would be wise before further action
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Old 16th Sep 2019, 08:05
  #564 (permalink)  
 
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The Ombudsman is NOT part of “a mediation process “. DO NOT FALL FOR THIS!

Ombudsman investigations are private and details are generally not revealed to people who are not legitimately concerned with the investigation. The Ombudsman's office is subject to the Freedom of Information Act 1982 and the Privacy Act 1988.



Following an investigation, the Ombudsman is required to consider whether the actions of the department or agency were unreasonable, unlawful, improperly discriminatory or otherwise wrong.



When the Ombudsman concludes that an agency has erred, the Ombudsman may report that view to the agency and recommend whatever remedial action the Ombudsman thinks is appropriate. If the agency does not implement that action, the Ombudsman can report to the Prime Minister and to the Parliament. The Ombudsman must inform complainants of the action taken by the office in response to their complaints.
.......And if you take the bait your case becomes private and the publicity stops - which is what CASA wants, because sooner or later, the media are going to grab your story. The ombudsman does not have to listen to your technical arguments or go into detail because he is not a court with rules of evidence et., etc. just another toothless tiger.

At best the Ombudsman says “tsk, tsk, naughty CASA”. CASA says “sorry glen, now eff off!”. .....And you have still lost your livelihood and are a year older because the ombudsman can’t make a financial settlement. As for reporting CASA to the PM, big effing deal.

All you get at the end is a letter saying “we now consider this matter closed.” .....and the embuggerance of the industry by CASA gets to continue.

To put that another way, a damning Senate review didn’t stop them, the Ombudsman certainly won’t.
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Old 16th Sep 2019, 08:39
  #565 (permalink)  
 
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Originally Posted by Sunfish View Post

.......And if you take the bait your case becomes private and the publicity stops - which is what CASA wants, because sooner or later, the media are going to grab your story.
There are no restrictions whatsoever in glen disclosing the ombudsman’s decision. These inaccuracies are potentially dangerous in that they might dissuade glen from a course of action he may be considering.
Flaming galah is offline  
Old 16th Sep 2019, 09:01
  #566 (permalink)  
 
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The Independent Review/s should be in a court at this stage of the saga in my opinion.

I thought CAsA had said they had stopped talking/correspondence with you and the matter was deemed closed.

So I guess a little heat is in the kitchen, and they want to to be quiet for a while.

$33,191 in under 3 weeks on the GoFundMe, getting close to the home straight.
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Old 16th Sep 2019, 09:15
  #567 (permalink)  
 
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Only glen knows what is best for him. He asked casa to arrange an independent review. Who knows how he managed to get a response after they said they won’t deal with him any more. But It looks like casa did offer what glen wants. So if that’s what he wants, he should do it
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Old 16th Sep 2019, 09:24
  #568 (permalink)  
 
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I am not a lawyer but I would be deeply suspicious that the Ombudsman wouldn’t be as useless as the AAT and the Senate review process. You need a court in my opinion. A lawyer can put it better than I can, but CASA can totally ignore the Ombudsman’s findings if it wants to, and all the ombudsman can do is report them to ScoMo, big effing deal!
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Old 16th Sep 2019, 09:57
  #569 (permalink)  
 
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Have a look at some of the Podcasts of the Scottish gentleman in action at Senate Estimates and then decide if he's a Scottish Git or not.
From the dictionary:
git | ɡɪt |
noun British informal
an unpleasant or contemptible person.

Then decide if you would have the slightest confidence in his probity.

If it sounds like a setup, smells like a setup and looks like a setup, its more than likely a setup. The Albert Einstein lookalike would be behind it and he's known for finding more loopholes than "Loophole Laurie".
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Old 16th Sep 2019, 10:03
  #570 (permalink)  
 
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Originally Posted by thorn bird View Post
Have a look at some of the Podcasts of the Scottish gentleman in action at Senate Estimates and then decide if he's a Scottish Git or not.
From the dictionary:
git | ɡɪt |
noun British informal
an unpleasant or contemptible person.

Then decide if you would have the slightest confidence in his probity.

If it sounds like a setup, smells like a setup and looks like a setup, its more than likely a setup. The Albert Einstein lookalike would be behind it and he's known for finding more loopholes than "Loophole Laurie".
Glen ASKED for an independent review.
Flaming galah is offline  
Old 16th Sep 2019, 10:47
  #571 (permalink)  
 
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The Ombudsman is not independent. I think glen meant a JUDICIAL review. Anything less can’t call on witnesses under oath, rules of evidence and independent expert witnesses.

All you will get from a “review “ without the judicial bit is more of the same that CASA has been successfully dishing out for years - technological jargon followed by the words “and safety” - which trumps every official except, I pray, a high court judge.
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Old 16th Sep 2019, 10:48
  #572 (permalink)  
 
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Originally Posted by Flaming galah View Post


Glen ASKED for an independent review.
Beg to differ.

Reference your email dated 10 September 2019, where you asked Mr Carmody to facilitate a prompt, independent assessment of CASAs actions.

I feel an assessment is what has happened - a review is was it correct.

Bend alot is offline  
Old 16th Sep 2019, 10:49
  #573 (permalink)  
 
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I worked for CASA for years
My partner worked for the Ombudsman for years
Don't get sucked in.
Oldmanemu is offline  
Old 16th Sep 2019, 10:53
  #574 (permalink)  
 
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Originally Posted by Oldmanemu View Post
I worked for CASA for years
My partner worked for the Ombudsman for years
Don't get sucked in.
+1 best advice.
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Old 16th Sep 2019, 10:56
  #575 (permalink)  
 
Join Date: Apr 2019
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Suing CASA for monetary damages or taking the ‘complaint’ to the Ombudsman, are not comparable courses of action. Each has its merits and downsides. Glen needs to determine which action is best for him.

Stay true to your cause...
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Old 16th Sep 2019, 11:20
  #576 (permalink)  
 
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All you will get from the ombudsman is platitudes. You won’t get money or your business back. The ombudsman has no teeth. That’s why CASA suggested it.

I wish I had more positive suggestions to make.
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Old 16th Sep 2019, 11:37
  #577 (permalink)  
 
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Why do you continue to communicate with CASA, Glen? Why?

You recently said that on Tuesday 27 August 2019 a CASA Regional Manager wrote to the new owner of APTA and said, among other things:
Hi (new owner of APTA), I understand that Mr Buckley remains as APTA deputy HOO. This is no longer tenable with the comments that Mr Buckley is making publicly. ...
If that’s true, what more do you need to convince you that you are dealing with an organisation that’s a basket case?

What’s the point in further communication between you and them?

You are now preaching mainly to the PPRuNe converted. (Some, like Flaming Galah, are running interference, but that’s to be expected).

Find a good lawyer, ask him or her to advise you on causes of action you may have in the circumstances and the prospects of success, and get on with it. What do you expect will happen if you don’t? A sudden epiphany on CASA’s behalf and the signature of a big cheque in your favour?

If you fancy yourself a chance for a seat in parliament, why don’t you just get on with that? The number of PPRuNers who would be eligible to vote in the seat of Chisholm is negligible.
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Old 16th Sep 2019, 12:11
  #578 (permalink)  
 
Join Date: Oct 2017
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Originally Posted by Bend alot View Post
The Independent Review/s should be in a court at this stage of the saga in my opinion.

I thought CAsA had said they had stopped talking/correspondence with you and the matter was deemed closed.

So I guess a little heat is in the kitchen, and they want to to be quiet for a while.

$33,191 in under 3 weeks on the GoFundMe, getting close to the home straight.
$34,291 soon after.
https://www.gofundme.com/f/glen-buck...Xpz3Mt3w1v5h0A
Bend alot is offline  
Old 16th Sep 2019, 22:09
  #579 (permalink)  
 
Join Date: Jul 2019
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You may have difficulties endearing yourself and this case to the general public.

I explained the situation to a family member recently (who had no grounding in aviation) and their response was a pretty simple "well as long as CASA keep planes from falling out of the sky I don't care what they do".
BigPapi is offline  
Old 16th Sep 2019, 23:33
  #580 (permalink)  
 
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I explained the situation to a family member recently (who had no grounding in aviation) and their response was a pretty simple "well as long as CASA keep planes from falling out of the sky I don't care what they do".
Well, with respect, BigPapi, you didn't do a very good job of explaining the situation to the family member! Though, I do understand what you are getting at.
You are correct that your average Joe-Blow won't be interested in hearing the story in its entirety, and would likely side with the regulator, which is unfortunate.
But, if people listened to and understood the whole story, they'd be saddened to hear of the unnecessary demise of a hard-working man's business.
josephfeatherweight is offline  

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