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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 22nd Apr 2021, 03:17
  #1601 (permalink)  
 
Join Date: Nov 2002
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Question Parliamentary Privileges

Are Australian Public Servants entitled to Parliamentary Privilege when appearing before a Senate Inquiry ?
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Old 22nd Apr 2021, 03:40
  #1602 (permalink)  
 
Join Date: Nov 2001
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Yes. As with any other witnesses.
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Old 5th May 2021, 03:43
  #1603 (permalink)  
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Global Aviator- Post 1594

You raise a very valid point. I don't believe a Show Cause was ever issued. The only notification I received was that initial correspondence that i have posted way back in Post # 44.

Is that a simple request for documents, or is it a Show Cause Notice (SCN)? i don't know.

It doesn't look like a Show Cause Notice. It doesn't mention that its a Show Cause Notice?

Is that the Show Cause Notice? Does that meet the expectations of administrative law.

If you couldn't be bothered scrolling back to Post 44, i have reattached it here but it will be "pending approval" while correct processes are applied.
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Old 5th May 2021, 04:11
  #1604 (permalink)  
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To the Moderators.

If somebody had recorded a telephone call between a CASA employee and that individual in the State of Victoria. Is that recording able to be published on PPRuNe or alternatively can an individual direct a person to an external link of that conversation.

The contents of that phone call is very revealing.

Cheers. Glen
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Old 5th May 2021, 06:04
  #1605 (permalink)  
 
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Likely complicated , think not allowed to record a phone call directly in Vic (surveillance devices act) , so technically not allowed
to use a recording app etc

But if you have call on speaker phone & record that onto another device (laptop , iphone , digital recorder) you haven't broken SD act

Not sure , the reality is that phone calls are recorded all the time by all sorts of entities
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Old 5th May 2021, 06:24
  #1606 (permalink)  
 
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Originally Posted by Telfer86 View Post
Likely complicated , think not allowed to record a phone call directly in Vic (surveillance devices act) , so technically not allowed
to use a recording app etc

But if you have call on speaker phone & record that onto another device (laptop , iphone , digital recorder) you haven't broken SD act

Not sure , the reality is that phone calls are recorded all the time by all sorts of entities
Normally after a disclaimer: "Calls may be recorded for quality control or training purposes, please advise if you do not wish to be recorded...." or similar.
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Old 5th May 2021, 06:27
  #1607 (permalink)  
 
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Originally Posted by glenb View Post
If somebody had recorded a telephone call between a CASA employee and that individual in the State of Victoria. Is that recording able to be published on PPRuNe or alternatively can an individual direct a person to an external link of that conversation.

The contents of that phone call is very revealing.

Cheers. Glen
Glen, could you have the recording transcribed and then post the worded version on here? We don’t need to hear the live recording and actual voices to believe you Glen, we know CASA are c#nts. And besides, this is a ‘rumour network’ after all, so perhaps you could post the transcribed version on here and introduce it by writing something like ‘here is a transcription of a rumoured conversation that took place allegedly between Mr X and Mr Y’? Technically anything posted on this site is only a ‘rumour’.
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Old 5th May 2021, 06:58
  #1608 (permalink)  
 
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Various state and federal Acts apply.

Suggest you get direct legal advice on the specific situation rather than rely on bush lawyers, lest you get yourself in beaucoup do do ....
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Old 6th May 2021, 00:30
  #1609 (permalink)  
 
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If the CASA employee was not aware of and did not consent to you recording, Glen, beware! (I think Queensland is the only place where it’s not unlawful to record private conversations without consent.)

(And calling something a ‘transcript of a mere rumoured conversation’ won’t avoid the risk. The person concerned will put ‘two and two together’ and pick up the phone to OLC...)
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Old 6th May 2021, 02:32
  #1610 (permalink)  
 
Join Date: Apr 2021
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Very slick legal judo: You were "invited to comment" or "invited to respond" three times in that letter to what are simple assertions by CASA. If you were foolish enough to take the bait, then you are implicitly accepting the truth of CASAs assertions as fact. It's called self incrimination.

This is in effect a series of three "when did you stop beating your wife" type of attack. There was no "show cause" notice because that would have raised the self incrimination alarm because we all know how to answer a "show cause" letter.

Grrrrr.
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Old 6th May 2021, 09:52
  #1611 (permalink)  
 
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Why does Mr Buckley continue to air his dirty laundry on a public forum about his inability to deal with his CASA issues? Free advice on here is like asking those drinking in a public bar for info on how to tell the missus I'm pie eyed yet again and late for dinner..
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Old 6th May 2021, 10:18
  #1612 (permalink)  
 
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Maybe we don’t all think the same and aren’t all ‘legends’?
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Old 6th May 2021, 11:32
  #1613 (permalink)  
 
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You are so correct, however I still don't see the point of seeking advice here for such a "big case" rather than getting proper legal advice. Remember CASA and Govt have the resources of the AG Department and will use the courts [ie public money] to not lose...
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Old 6th May 2021, 13:38
  #1614 (permalink)  
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Originally Posted by TBM-Legend View Post
You are so correct, however I still don't see the point of seeking advice here for such a "big case" rather than getting proper legal advice. Remember CASA and Govt have the resources of the AG Department and will use the courts [ie public money] to not lose...
TBM

A valid point with a good answer. At the tail end of a 2 hour drive after a 13 hour shift and another one tomorrow, and pulled over.

I will address it by the weekend. Out of steam at the moment and typing on an iphone, pulled over 10 from home, and buggered.

Appreciate the input, i really do. If your saying it, others are probably thinking it

Respectfully, Glen.
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Old 6th May 2021, 15:09
  #1615 (permalink)  
 
Join Date: Apr 2021
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Die like a poisoned rat or fight like a lion.

Is CASA going to roll over and "look after" GlenB if he shuts up? What has he got to lose?

The Australian tradition is to look out for the undergod. That OK with you?

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Old 6th May 2021, 20:11
  #1616 (permalink)  
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Originally Posted by dysslexicgod View Post
Die like a poisoned rat or fight like a lion.

Is CASA going to roll over and "look after" GlenB if he shuts up? What has he got to lose?

The Australian tradition is to look out for the undergod. That OK with you?
Spot on!

By the way. An undergod is a ripper new term, but i’m assuming you meant underdog.

i have nothing to lose.

on release of this new information, i can assure you that two personnel will depart the organisation shortly afterwards.

They will have no option.

A number of very clear fundamental lies will be exposed.

I am taking legal advice on this.

The intention is to increase aviation safety, and bring a halt to bullying and intimidating tactics by the two personnel involved.

i cannot wait for my day off tomorrow
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Old 7th May 2021, 10:56
  #1617 (permalink)  
 
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If somebody had recorded a telephone call between a CASA employee and that individual in the State of Victoria. Is that recording able to be published on PPRuNe or alternatively can an individual direct a person to an external link of that conversation
Unless you have notified all involved that any conversation is to be (or being) recorded, you are likely on a sticky wicket. Best avoided.

What is totally legal to publish (and/or discuss) are your diary entires - quite likely made very shortly after any conversation took place while it was very fresh in your mind.
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Old 7th May 2021, 11:22
  #1618 (permalink)  
 
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https://www.employmentlawonline.com.au/able-record-conversations-managers-employees/#:~:text=The%20Surveillance%20Devices%20Act%201999%20(Vic)%2 0prohibits%20the%20communication%20or,your%20employer%20or%2 0fellow%20colleagues.

The Surveillance Devices Act 1999 (Vic) will not prohibit covert recordings of a private conversation if the party making the recording can show it was necessary for the protection of his or her lawful interests. A person’s “lawful interests” are broader than his or her legal interests, but they cannot be interests that are unlawful: Violi v Berrivale Orchards (2000) 99 FCR 580.

Generally, a mere desire to have a reliable record of a conversation or to gain an advantage in potential future litigation is insufficient. However, if a party is in a serious dispute with another party and the question as to what actually was said is likely to be significant in resolving that dispute, it is arguable recording those words is necessary to protect a lawful interest: Chao v Chao [2008] NSWSC 580.

The recording must be reasonably necessary to protect lawful interests in existence at the time: Marsden v Amalgamated Television Services Pty Ltd [2000] NSWSC 456. Making a recording because there is a possibility of some form of litigation in the future is not a lawful interest.
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Old 8th May 2021, 06:59
  #1619 (permalink)  
 
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Phuck the lawyers I will record whatever I like to protect my own interests especially against CASA
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Old 9th May 2021, 23:44
  #1620 (permalink)  
 
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Originally Posted by TBM-Legend View Post
Why does Mr Buckley continue to air his dirty laundry on a public forum about his inability to deal with his CASA issues? Free advice on here is like asking those drinking in a public bar for info on how to tell the missus I'm pie eyed yet again and late for dinner..
I struggle to follow your logic. A Governmental bureaucratic system that providers employees safety at the expense to the people they actually supposedly provide a service for with said individual/s not being held accountable for exercising their power incorrectly and excessively due their ability to be untouchable, needs to be called out. The high lightly of a system that is overtly administratively incompetent (yes we all know but do not see many taking the fight to CASA, easier to go with the flow than attempt to correct it when it is just administrative incompetence and unwinnable as opposed to losing your business/career/employment) also need to be called out. Perhaps I have missed the other posts that find the airing of “dirty laundry” inappropriate but on general read/feel for what has been posted find the majority of comments are not only supportive but also interested. If you don’t like the show switch channels.
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