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Glen Buckley and Australian small business -V- CASA

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Glen Buckley and Australian small business -V- CASA

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Old 29th Jul 2020, 04:47
  #1101 (permalink)  
 
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Well done Glen for your determination and persistence thus far.
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Old 29th Jul 2020, 06:05
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cheers Stickshift

Over 1000 posts and almost 600,000 views, its certainly a body of work. One good thing about COVID, i have plenty of free time. Im thinking about setting up the Christmas tree tomorrow in my quest for things to do!!! Did a big load of washing today, all Pyjamas. I certainly have enough clean clothes for the week now.
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Old 30th Jul 2020, 00:00
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Glen, have your lawyer ask for 10 X their combined wages!
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Old 30th Jul 2020, 01:47
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A mammoth underrtaking Glen. You're an inspiration to all. Makes me more determined to proceed with Mildura's fight
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Old 2nd Aug 2020, 08:43
  #1105 (permalink)  
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Correspondence to Ms Hardman on the CASA Board- Allegations aginst Mr Aleck

1st August 2018.

Dear Ms. Donna Hardman,

I am writing to you, in your position on the Board of CASA with the important, and shared responsibility for the good governance of the Civil Aviation Safety Authority

My name is Glen Buckley.

I am writing to you as your bio on the CASA website states the following attributes that I believe are highly pertinent to the allegations that I am raising against Mr. Jonathan Aleck in his role as CASA Executive Manager.
  • You are a graduate of the Australian Institute of Company Directors.
  • You are a Fellow of the Governance Institute of Australia.
  • Your bio states that you have a "deep governance experience."
  • You have expertise in the area of "organizational change and business transformation and organizational performance
  • You are a "passionate advocate for customer-centric innovation."


The purpose of this correspondence is to request either a face to face, or video conference meeting of approximately one-hour duration at some stage convenient to you, but ideally no later than the end of August.

That meeting could be either a meeting with myself only or alternatively a conference-style meeting with a number of affected Parties and a representative from an Industry group such as AOPA. I will leave that decision to you to determine the most appropriate format.

The purpose of the meeting would be to ensure that you are presented with my allegations and there supporting evidence, and not only information provided to you via Mr. Aleck who has demonstrated that he is willing to pervert an independent outcome in order to cover up his misconduct

My allegations against Mr. Aleck are substantial.
  1. I am fully satisfied that he is misleading the Commonwealth Ombudsman in his ongoing investigation and providing information that is not truthful, and Mr. Aleck is aware that he is providing misleading information.
  2. Mr. Aleck is responsible for clear and deliberate disregard for CASAs' own regulatory philosophy.
  3. Mr. Aleck is making decisions that have no basis in law, and applying his opinion only, which has no justification on the basis of aviation safety.
  4. Mr. Alecks' conduct has negatively impacted on several businesses and resulted in the loss of many millions of dollars of investment and associated loss of employment to numerous individuals whose livelihood has been impacted.
  5. Mr. Aleck has clearly breached obligations placed on him by CASAs' own Enforcement manual.
  6. Mr, Aleck has clearly breached obligations placed on him by the rules of Administrative law, Natural Justice, and Procedural Fairness.
  7. Mr. Aleck's conduct has breached the Minister's own Statement of Expectations.


I am writing to you in the first instance because of your credentials, but my intention is to correspond with each Member of the CASA Board.

I am fully satisfied that in light of Mr. Aleck's conduct, his position with CASA has clearly become untenable, and that conduct requires a full and well-intentioned investigation by the Board of CASA.

Please note that I have included the Deputy Prime Minister in this correspondence as I believe that he should be aware of the allegations that I am raising against Mr. Aleck.

Whilst I can make no allegations against his character outside of the workplace, I believe that his misconduct negatively impacts aviation safety and job growth in the aviation sector which will be crucial going forward.

The allegations against Mr. Aleck are substantial and he is fully entitled to an investigation to refute my allegations.

I trust that you will facilitate my request for a meeting to ensure the good governance of CASA, in accordance with the obligations placed on you in your role.

Respectfully, Glen Buckley

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Old 2nd Aug 2020, 12:09
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Thems fighting words Glen!
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Old 2nd Aug 2020, 13:59
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WTF is “customer centric innovation”??? What a load of bull****...
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Old 4th Aug 2020, 02:31
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Melbourne office

I see your battle rolls on Glenn. Hope it pays dividends. I still think back to CASA thinking it is ok to contact any of our employers suggesting that they should sack us, you in your episode with that Melbourne manager, that loke gets away with that, what sort of board or senior management group tolerates that rubbish, only CASA I guess. I see Carmody is leaving so hopefully he's replaced by someone who knows something about aviation. Can you imagine working in that place with the mentality that exists. Never had an issue with the troops, those running the place have no idea though. Changed about three years ago and has spiralled downwards since can only go up from here. Best of luck with the continued pursuit, they will never admit they could be even partly wrong.
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Old 5th Aug 2020, 01:13
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Response from the Board. AHHHH the coverup continues.

Dear Mr Buckley



I refer to your email message of 2 August 2020 addressed to Ms Donna Hardman, as a member of the CASA Board.



You have made very serious allegations about the conduct of a CASA Executive Manager, without particularising your claims, and without providing any factual basis on which those claims rest other than your own convictions. You have asked for a meeting with Ms Hardman, with a view to an investigation you suggest the Board should conduct into your claims against Dr Aleck.



It is not intended that a meeting of the kind you have proposed with Ms Hardman should occur. Nor, in the absence of any evidence to warrant such action, is it the Board’s intention to mount or recommend an investigation of the kind you suggest.



If you have objective evidence to substantiate any of your allegations against Dr Aleck, beyond the information you have previously provided and the opinions you have previously expressed, you are invited to provide that evidence, in writing, to CASA.



In the absence of new, factually substantiated evidence supporting your claims, the Board has no intention of considering this matter further.



Yours sincerely



Colin McLachlan
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Old 5th Aug 2020, 01:14
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My response

Dear Colin,

Thank you for your response from the Board of CASA.

I will attend to this matter within the next 48 hours. I will do so in writing, and will clearly demonstrate that CASA is deliberately misleading the Commonwealth Ombudsman by providing information that is untruthful and would be known to be untruthful at the time of providing that information.

I will provide clear and concise evidence of my allegations and will await a response from the Board. I would ask that the Board clearly communicate the substantive nature of the allegations to the Deputy PM in accordance with the obligations placed on the Board.

For clarity, i was providing the Board the opportunity to meet with them and for the Board to act with good intention. It is extremely concerning that the Board would elect not to take advantage of the opportunity presented to them in the interests of safety, ethics, and good governance.

Respectfully, Glen Buckley
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Old 5th Aug 2020, 04:20
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Would that be the quickest response you have has so far, Glen?
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Old 5th Aug 2020, 05:02
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Glen, they’re being predictable and stalling.
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Old 5th Aug 2020, 09:32
  #1113 (permalink)  
 
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see pm............
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Old 6th Aug 2020, 05:29
  #1114 (permalink)  
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Complaint to Ombudsman regarding CASA Executive Manager Jonathan Aleck

FORMAL SUBMISSION OF ALLEGATIONS THAT CASA EXECUTIVE MANAGER- LEGAL INTERNATIONAL AND REGULATORY AFFAIRS, Mr. JONATAHAN ALECK IS DELIBERATELY MISLEADING THE COMMONWEALTH OMBUDSMAN OFFICE TO MANIPULATE THE INDEPENDENT INVESTIGATION AND PERVERT THE OUTCOME OF THAT INVESTIGATION

Submitted 06/08/20

Dear Mr. XXXXXXX XXXX, Assistant Director of Investigations, Office of the Commonwealth Ombudsman.

Thank you for your continuing work into my complaint regarding CASAs' conduct and decisions.

My interpretation of Phase One of your investigation indicates that your concluded view is that there was an administrative deficiency. Obviously, I concur with that finding and respect the diligence with which you have attended to a difficult and complicated matter.

I note that Phase Two of your investigation continues and that it will extend over a protracted period, and I appreciate the resources that are being allocated to this project.

As part of that continuing investigation, I do request that you consider this correspondence.

Mr. Jonathan Aleck acts in the role of the CASA Executive Manager of Legal, International Regulatory Affairs, and is the accountable person in CASA and the person that drove the CASA actions and decisions against me and my business. He chose to target me specifically.

It is my assertion that Mr. Aleck is deliberately misleading your office in its continuing investigation. I have attempted to resolve this matter with the CASA Board by requesting the opportunity to meet with them and put my allegations to them. The CASA Board has flatly refused to meet with me, either in person or by a video conference. I have also written to the Deputy PM, Mr. Michael McCormack but my correspondence continues to be completely ignored despite my requests for an acknowledgment of receipt.

My intent was to provide the CASA Board with the opportunity to meet their obligations to ensure good governance, improve aviation safety, and to promote the Australian owned sector of the industry. For that reason, I would like to raise those allegations with you, provide supporting information on those substantive claims, and make myself available to provide further information should you deem it appropriate.

Important background information

At no stage did I submit an application for a new AOC application. I had an existing business that had been operating with an industry-leading level of safety and compliance since its inception in 2006. For clarity, it was not a new application, it was a well-established business with an impeccable reputation, and CASA records will support that contention.

The CASA action came without any prior warning at all, and no CASA actions were based on any safety issues at all, and there were no regulatory breaches. I am fully satisfied that the CASA actions were motivated by my public criticism of CASAs failed Regulatory program referred to as Part 61/141 and 142. My criticism was based on the fact that CASA spent hundreds of millions of dollars of taxpayer funds, and the result was the enormous negative impact on many Australian owned businesses, with no safety benefit. CASA themselves have made that admission. I made a number of predictions about the regulatory impact. The passage of time vindicated my public comments in the media and that was most likely the motivation for the CASA actions i.e. they were vindictive and vexatious.

The Aviation Ruling regarding Franchised AOCs did not apply to the flight training industry and was never intended to be applied to the flight training industry. It was written for the Charter Industry and specifically the carriage of freight. This was clearly articulated to the flight training industry by CASA, by way of a series of face to face briefings by CASA personnel on its release in 2006. My organization received that briefing from CASA personnel in early 2006, and that is the clear recollection of many flight training organizations who have contacted me and validated that comment.

The truth is that the Aviation Ruling was introduced when a Melbourne based charter company was closed down by CASA and they resumed operations the next day under another AOC. As previously stated, the Aviation Ruling was never intended for the flight training industry.

The truth is that after the introduction of the Aviation Ruling, CASA continued facilitating many flight training organizations to operate under a franchised AOC system. There is ample evidence of that assertion. A company called XXXX operated under my AOC for an extended period of time.

The truth is that the XXXXXXX XXXXXX XXXX XXXX had been operating under a franchised AOC system with XXXXXXX until the day before they joined APTA. It was the application to add XXXXXXX XXXXXX XXXX XXXX to APTA that resulted in the complete reversal of CASA "opinion"

CASA executive Manager of Regulatory Services and Surveillance, Mr. Craig Martin was previously the CASA Regional Manager of the Eastern Region encompassing Queensland, and this practice was particularly prevalent in his own region. i.e. flying schools operating under a franchised AOC system. Mr. Craig Martin could be contacted by your office and will be unable to truthfully refute that claim.

My business at the time, APTA was in fact the first time in Australia that an organization had acted with good intent to improve safety and compliance of the franchised AOC system that had deficiencies and weaknesses that had been accepted by CASA. The truth is that CASA worked side by side with me for two years and was assessed by CASA on over 600 individual requirements, to build this safer and more robust system. i.e. APTA was designed for no other reason than to attend to the existing deficiencies in the accepted practice of franchised AOCs.

Specific Allegations against Mr. Jonathan Aleck

Mr. Aleck was fully aware that the use of franchised AOCs was accepted practice in the flight training industry, and CASA had fully sanctioned those arrangements.

Mr. Aleck applied his opinion to my business only, and chose not to apply it to other operators that were operating under a "franchised AOC."

Mr. Aleck was fully aware that I had worked with CASA for two years and invested many hundreds of thousands of dollars in achieving a safe, compliant, and well-intentioned system that was designed to attend to deficiencies in franchised AOCs.

Mr. Aleck is fully aware that in fact, APTA had the largest and most highly resourced safety department of any flying school in Australia.

Mr. Aleck is fully aware that his decisions and actions were not based on concerns regarding aviation safety.

Mr. Aleck is fully aware that there were no regulatory breaches.

Mr. Aleck is fully aware that audit results were fabricated and written up many months after an audit was conducted, and that those audit results differed entirely to the audit findings provided at the CASA mandated on-site audit exit meeting.

Mr. Aleck is fully aware that when I challenged those fabricated audit findings, CASA was unable to provide any supporting evidence of those false allegations, because they were not truthful.

Mr. Aleck has been responsible for actions and decisions that are not in accordance with obligations placed on him my
  • The Minister's Statement of Expectations
  • The CASA Enforcement Manual
  • Administrative Law, Natural Justice, and Procedural Fairness.
  • CASAs Regulatory Philosophy


Mr. Aleck is responsible for providing information to your office that is clearly not truthful and is done for the purpose of protecting his position and supporting his decisions that are unlawful, unfair, and unjust.

Mr. Aleck has led your office to believe that my business/ concept was unique and failed to identify that I was specifically targeted whilst others were permitted to operate.

Summary

Mr. Aleck has initiated similar action against many individuals and businesses resulting in many people losing their businesses, their reputations, and their livelihoods. Many of those people have contacted me in the background and offered to submit their allegations if you deem that it would assist your ongoing investigation.

I reassert that I will provide any further information that you require to support my claims.

Can I also draw your attention to an opportunity that has been provided to me by the Australian Aircraft Owners and Pilots Association (AOPA), which is Australia's peak aviation body representing the aviation industry.

On Tuesday 11th August that Organisation will conduct a Facebook video conference on my matter at 7 PM. These attract a wide audience from Industry and are highly interactive. I will ensure that you are provided with a copy of that conference as it will highlight many of the challenges for the industry as a result of the way CASA chooses to conduct themselves, despite the obligations placed on them.

Respectfully and thankfully, Glen Buckley



Last edited by glenb; 6th Aug 2020 at 07:31.
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Old 6th Aug 2020, 08:12
  #1115 (permalink)  
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Freedom of information request in response to PPRUNE post 1109

Dear Sir/Madam,

I would like to make a Freedom of Information Request in accordance with the Freedom of Information Act 1982.

Could those documents if released be sent to via my return email address.

On Wednesday 5th August, I received the correspondence below from Mr. Colin McLachlan who is the Board Secretariat for the Board of CASA.

This was in response to an email that I had sent to Ms. Donna Hardman who is a new member of the Board of CASA.

I have previously raised substantial allegations against the conduct of Mr. Jonathan Aleck who acts in the role of CASA Executive Manager of Legal, International, and Regulatory Affairs. I am of the opinion that the Chairperson of the Board of CASA is deliberately frustrating my attempts to resolve this matter and may be complicit in thwarting my attempts to obtain a fair and transparent process.

My correspondence was specifically addressed to Ms. Hardman and my reasonable expectation was that I would receive a response from her.

I am concerned that either Mr. Anthony Mathews as the Chair of the CASA board or perhaps Mr. Aleck who the allegations were against, may have prepared that response on her behalf, and potentailly without her consent or knowledge.

I say that because it is unlikely that someone of Ms Hardmans credentials would make a decision that limits her ability to ensure the good governace of CASA.

To satisfy myself that Mr. Mathews or Mr. Aleck are not acting inappropriately, I am making an FOI request.

That request specifically relates to any correspondence between Ms. Donna Hardman, Mr. Anthony Mathews, Mr. Jonathan Aleck and Mr. Colin McLachlan that relate to that prepared response.

It would not be the role of the Board Secretariat to prepare that response without guidance from those named parties. By obtaining those related emails it will clarify the intent of the CASA actions. It will also clarify whether Mr. Jonathan Aleck had any input which I feel would be entirely unreasonable and unethical.

Furthermore, I am trying to ascertain if it was indeed a combined Board response that was arrived at collaboratively or whether it was engineered by an individual who may gain from perverting the process.

Should you deem that those documents cannot be released, may i request an automatic review of the decision. If that review will forfeit my rights to a review by the Australian Information Commissioner then do not proceed with the review, and i will approach the Australian Information Commissioner

Thank you for your consideration of my request, yours respectfully, Glen Buckley



The email from Mr Colin McLachlan is copied below."Dear Mr Buckley



I refer to your email message of 2 August 2020 addressed to Ms Donna Hardman, as a member of the CASA Board.



You have made very serious allegations about the conduct of a CASA Executive Manager, without particularising your claims, and without providing any factual basis on which those claims rest other than your own convictions. You have asked for a meeting with Ms Hardman, with a view to an investigation you suggest the Board should conduct into your claims against Dr Aleck.



It is not intended that a meeting of the kind you have proposed with Ms Hardman should occur. Nor, in the absence of any evidence to warrant such action, is it the Board’s intention to mount or recommend an investigation of the kind you suggest.



If you have objective evidence to substantiate any of your allegations against Dr Aleck, beyond the information you have previously provided and the opinions you have previously expressed, you are invited to provide that evidence, in writing, to CASA.



In the absence of new, factually substantiated evidence supporting your claims, the Board has no intention of considering this matter further.



Yours sincerely



Colin McLachlan"
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Old 6th Aug 2020, 19:42
  #1116 (permalink)  
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CASA Executive Manager talking about "outcome based legislation"

Here is CASA Executive Manager Legal, International and Regulatory Affairs talking about his "outcome-based legislation". He actually produced this and manages to keep a straight face throughout, and his nose didn't even get longer. Amazing!

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Old 6th Aug 2020, 20:09
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Second Freedom of Information request

To the relevant person, My name is Glen Buckley. I wish to make a request under the Freedom of Information Act. The Ombudsman's office is now conducting an inquiry into my allegations of misconduct by several CASA personnel. In this request, I am seeking access to all information and correspondence that has been provided to the Ombudsman. I am of the opinion that some personnel in CASA have provided deliberately misleading information that may impact on the integrity of his investigation. Thank you for your consideration in this matter Respectfully, Glen Buckley
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Old 6th Aug 2020, 20:23
  #1118 (permalink)  
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Presenting my case on a Facebook live conference Tuesday 11th August at 7PM

I would like to thank AOPA for providing me the opportunity to present my case by way of a Facebook live conference at 7PM on Tuesday 11th August.

In that broadcast I fully intend to expose the vindictive and vexatious behavior of certain personnel within CASA, the lack of governance provided by the Board of CASA, the cover-up that has extended right up to the Deputy PM of Australia, the clear breaches of the PGPA Act, the Minister's Statement of Expectations and CASAS flagrant disregard for Administrative law, Natural Justice, procedural fairness and its own Regulatory philiosophy.

Everything i say on that broadcast will be the truth and I am prepared to be held fully accountable for it in law.

I will be making those allegations to improve aviation safety, protect Australian businesses, and create jobs.

I hope you can participate. I will post further details here later as to how you can participate. Thanks all. Cheers. Glen

It will be damming, and I intend to name those CASA personnel that have acted inappropriately. It's important that I name them to protect the wider reputation of CASA and the many good people within the organization that work professionally for our industry.
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Old 6th Aug 2020, 23:46
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Hi Glen,

Looking forward to a link so we may watch this either live or afterwards. Cheers!
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Old 10th Aug 2020, 21:35
  #1120 (permalink)  
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AOPA conference this evening 11/08/20

To the following recipients.
  • The Honorable Mr. Michael McCormack, Deputy Prime Minister responsible for the Civil Aviation Safety Authority,.
  • Mr. Shane Carmody the CEO of CASA,
  • Mr. Graeme Crawford, CASA Executive Manager of the Aviation Group,
  • Mr. Jonathan Aleck, CASA Executive Manager of Legal, International, and Regulatory Affairs,
  • Mr. Craig Martin, CASA Executive Manager, Regulatory Services and Surveillance,
  • Mr. Jason Mc Heyzer, CASA Region Manager of the Southern Region,
  • Mr. Brad Lacey, CASA Flight Operations Inspector, and
  • CASA Board Members.
As you may be aware, I have been offered the opportunity to participate in a Facebook live conference hosted by Australia's Aircraft Owners and Pilots Association (AOPA) at 7 PM tonight (Tuesday 11th August). I am appreciative of the offer presented to me by Ben Morgan from AOPA.

I have extended offers to you to participate in that conference, and I note that you have declined. This is a unique opportunity for me to present my case and protect my reputation. In that conference.

The nature of that conference and the information that I reveal will require me to name each of you and your involvement in this matter.

Everything I state will be truthful and will be in the public interest. I will make no aspersions of you regarding your general character outside of the workplace, and I intend to clarify that at the start of the conference.

I am extending the offer to you again to participate.

I fully appreciate that I am fully accountable in law for the comments that I make, and I will respect any decision made by a Court of law should my comments be found to be defamatory, vindictive, or vexatious.

It is my opinion and that of many in Industry that a dangerous culture exists within CASA. That dangerous culture negatively impacts on Australia's aviation safety, it causes enormous harm to many Australian owned small businesses and leads to a loss of jobs within the sector, which I intend to clearly demonstrate tonight.

The conduct of each of you also brings damage to the reputation of CASA as Australia's safety regulators and the many well-intentioned personnel that work professionally within the Organisation.

For clarity: Your conduct is unlawful, unfair, and unjust.

Stage One of the Commonwealth Ombudsman's investigation has indicated that your actions have no basis in law, and by the time the full investigation by that office is completed, further evidence of misconduct will be demonstrated.

You have not acted with good intention or integrity, and none of your actions are based on aviation safety. That cannot be refuted. I am fully satisfied that you are complicit in attempting to cover up this matter. I have tried repeatedly to resolve this matter but I am fully satisfied that there is no intent to act with ethics or resolve this matter, and you have left me no option.

I hope that you will reconsider your involvement in the conference to ensure a fair and transparent process.

Respectfully, Glen Buckley
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