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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 17th Apr 2020, 13:08
  #1041 (permalink)  
 
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Let us for ever rename the water bill:--

'The Buckley Bill'
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Old 17th Apr 2020, 19:21
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"Once sent to CASA, it will have 30 days to respond, although the COVID-19 issue may affect that."

errr, what??

There is bugger all aviation happening at the moment, they must have considerable numbers sitting on their tod doing bugger all, on full salary plus perks.

We are all in this together.......except the bureaucrats.
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Old 18th Apr 2020, 01:28
  #1043 (permalink)  
 
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Just read through the sample operations manual, in particular the buildings required. It makes me wonder how in the world we ever learnt to fly in the early 60's, all we had was a hangar for the aircraft. Our country town club had two aircraft and one instructor provided by a capital city organisation, built time as a PPL ferrying one of the two aircraft as the instructor did his rounds to other towns, he would instruct in one and the solo's would fly the other, at one airstrip the only building was that housing the 44 gal drums.
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Old 28th Apr 2020, 07:32
  #1044 (permalink)  
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Can i direct you to The Deputy PM, The Honourable Mr Michael Mc Cormack

To the Australian Taxation Office.

My accountant Rohan, has been an exceptional support, and for that I am extremely appreciative. He has worked hard to take as much stress off me as practical, and protect my health. I am now facing significant financial challenges, I am uncomfortable drawing on his support any further as my funds are exhausted. I know that support is there if required however.

Rohan, could i ask that you provide any information that the ATO requires. Thankyou.

I owe people money and it is critical to my health and wellbeing that all of those debts are attended to, and they are intended to in full. Every single one of them". From the lawn mower guy to the ATO.

By default, many of those obligations, could be legally handed over to the new owners of my business, and I could walk away. Quite simply, the new owners have had that business "knocked for six by Coronavirus", and despite my philosophical differences with them, I truly want them to succeed. With their success, many staff and students that depend on that businesses will also succeed. This will depend on the ethics and intention that are displayed by CASA. It is as simple as that!

I am now in a substantial disagreement with CASA that will likely end up going through the Courts, as I believe is CASAs tactic. They are attempting to drain me mentally, physically, and financially, and I will resolutely follow the path that they choose. I have no intention of not seeing this through to an outcome. I am seeking compensation to get my life back and pay everybody 100%. The goal is fair and reasonable.

I am also aware that I may potentially have obligations to the ATO, and they are similarly of a high priority to me.

My situation is unavoidable.

Without any warning at all. None!, and not on any basis of aviation safety, CASA placed restrictions on my businesses ability to trade.

Eventually that business could continue no longer, and was sold for 5% of its value. I had no option as I was not going to be able to pay the salaries to the exceptional team of staff that i had surrounded myself with.

The price was nominal, due to the uncertainty that remained after 8 months. Significant debt was incurred via supportive suppliers, as the business limped along for 8 months trying to have the restrictions on its ability to trade lifted.

After the sale of my business, I did retain my flying school, but was directed by CASA that I must transfer the staff and students to the new owners of my recently sold business. Unfortunately this derived me of all my revenue streams but left me the ongoing financial obligations to a number of suppliers and staff. Obviously with no revenue it was impossible to attend to the accruing debt. Some of which still accumulates since this matter started in October 2018.

After the loss of my two businesses, I did manage to gain employment within the Industry, providing me with an average income. At least I was in the position to work on paying my debts. Unfortunately, the CASA region Manager directed my Employer that my continuing employment was "untenable", and my employment has ceased. My assumption is that this direction came about because of my comments on a pilots forum called Pprune. Interestingly, it has had over half a million visits, and is where I chose to tell my story.

https://www.pprune.org/australia-new...ss-v-casa.html

Whilst I appreciate it is lengthy, I would direct the ATO to the "thread" quoted above, as it contains much pertinent information, and valuable input from industry peers.

Personally, I am destitute. My credit card is maxxed out, my wife works 7 days a week, and I have secured casual employment that pays me the same as if I chose to go on unemployment benefit. I have no savings or assets, and have lost my house, my business, and my savings. It is extremely traumatic, My family lives week to week.. The additional burden of owing people money makes that stress compound significantly. It is essential that I resolve this.

The direction by CASA to terminate my employment is now with the Commonwealth Ombudsman, and I have had discussions with a legal firm. They will continue this week

If CASA choose not to act with ethics, and in a lawful manner, I will have no option but to pursue them through the Courts.

The puropse of this letter.

To all the Suppliers and to the ATO, you have my personal assurance that i am working diligently to have this matter attended to so that i can meet my obligations to my suppliers, the ATO, and my family.

For any further clarification I would recommend that you contact the Deputy Prime Ministers Office.

I am assured by the Chairman of the Board of CASA, Mr Anthony Mathews that he has kept the Deputy Prime Minister thoroughly briefed.

I have also received written notification from the Deputy Prime Minister, Mr Michael Mc Cormack that he has been kept thorougjhly briefed by the Chairman of the Board of CASA.

Whilst I am not suggesting that you contact the Deputy PM directly, I am confident that his office will be able to provide you the CASA perspective of this situation. It may be that the Deputy PM can explain the "safety concerns" that have initiated the CASA action that leads to my current situation.

There are also a number of personnel within CASA that would be able to validate my story, or provide any missing details.

The best point of contacts would be:

Mr Shane Carmody- CASA CEO
Graeme Crawford- CASA Executive Manager- Aviation
Jonathan Aleck CASA Executive Manager- Legal
Craig Martin- CASA Executive Manager- Regulatory Sevices and Surveillance
Jason McHeyzer -CASA Region Manager
Brad Lacey- CASA Flight Operations Inspector

In summary, I can assure you, I am pursuing the opportunity to meet all my debts. Unfortunately this will only be resolved in the time line that the Deputy Prime Minister and CASA determine.

When I had the business, amongst the exceptional staff were 3 staff members in the finace and accounting department. They all left the business when CASA finally ensured its demise. I have very limited access to any administrative or accounting support. I am not trying to avoid the ATO, but I am facing an insurmountable workload. Can I respectfully call on your patience, and direct you to the Deputy PM or applicable CASA personnel for any additional information that they may be able to provide.

Respectfully, Glen Buckley
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Old 28th Apr 2020, 10:11
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Glenn,
I wish you well, you deserve your day in Court and compensation.
I am guessing that taking CASA or its Operatives to Court will take time. I think you are looking at 5 to 10 years minimum after the CV-19 is over.
Whilst the recent Supreme Court case in Cairns of a belligerent aviation company taking 13 years to appear in Court to answer charges leveled against them by a former employee, has no bearing on your case it would serve as a clear indication of the track CASA will pursue.
In the meantime all the key players will have resigned, retired, fallen off the tree.
Standing for your local seat is going to be your be chance, Glady's is there only just. In a recent weekend edition of the Australian Newspaper there was more than a passing mention of Glady's multi million property investment portfolio in Queensland. She no reason to stay in Victoria.
This is your chance. Your maiden speech in Parliament will memorable.
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Old 29th Apr 2020, 09:36
  #1046 (permalink)  
 
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The coronavirus fallout just might get an outsider over the line in Chisholm in the future... best chance ever, I've lived there before.
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Old 9th Jun 2020, 09:01
  #1047 (permalink)  
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Legal action initiaited

I have made multiple attempts to resolve my dispute with CASA. I am fully satisfied that CASA have no intention to resolve this matter in a cost-effective or well intentioned manner. They have access to an unlimited pool of taxpayer funds. Already I suggest they have allocated many hundreds of man hours and many hundreds of thousands of dollars to this "project". Therefore I have commenced the first of three legal actions against CASA to hold them accountable. The first matter deals only with the direction by Mr Jason McHeyzer that my continuing employment was untenable based on comments that I was making publicly. The correspondence is attached. I am advised that i have a strong case on each of my matters. Without prejudice save as to costs



Mr Jason McHeyzer

Region Manager, Southern Region

Civil Aviation Safety Authority

GPO Box 2005

CANBERRA ACT 2601



Mr Jonathan Hanton

Industry Complaints Commissioner

Civil Aviation Safety Authority

GPO Box 2005

CANBERRA ACT 2601





By email: [email protected]

[email protected]



20 May 2020



Dear Mr McHeyzer and Mr Hanton,



Mr Glen Buckley



We act on behalf of Mr Glen Buckley.



This is a Concerns Notice within the meaning of Division 1 of Part 3 of the Defamation Act 2005 (Vic) and corresponding provisions in the other States and Territories of Australia.



We are instructed that on or about 27 August 2019, you sent an email to Mr Naser Qushair, Chief Executive Officer of the Australian Pilot Training Alliance. The email contained the following words:



“I understand that Mr Buckley remains as APTA deputy HOO. This is no longer tenable with the comments that Mr Buckley is making publicly. Please confirm APTA’s intentions in relation to Mr Buckley as deputy HOO and whether Mr Buckley is authorised to speak on behalf of APTA.”



A copy of the email is annexed to this Concerns Notice.



The email is grossly defamatory of our client. It contains imputations that Mr Buckley:



1. Is not a fit and proper person to remain as Deputy Head of Operations of the Australian Pilot Training Alliance;



2. Should be dismissed as the Deputy Head of Operations of the Australian Pilot Training Alliance by reason of public comments that he has made.



Each of those imputations is false and grossly defamatory of our client. Mr Buckley was dismissed from his position with APTA as a result of this email. He has not been able to find employment in the aviation industry since his dismissal.



As a consequence of the publication of the email, our client has suffered hurt and distress, damage to his reputation and special damages by reason of the termination of his employment.



Our client requires you within 28 days to:



1. Provide a written apology and retraction to the Mr Buckley for the imputations conveyed by the email.



2. Agree for an independent person agreed by you and Mr Buckley to determine the damages suffered by Mr Buckley to his reputation and special damages for the loss of his employment;



3. Agree to pay to Mr Buckley the amounts determined by the independent person within 7 days of the determination;



4. Pay Mr Buckley’s reasonable legal costs to be agreed or if not agreed to be taxed.



Our client reserves all his rights.



If you wish to discuss the contents of this letter, please contact Mr Alan J. McDonald on (03) 9650 4555.



Yours sincerely,

McDonald Murholme



Per: Alan J McDonald


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Old 10th Jun 2020, 00:00
  #1048 (permalink)  
 
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Good luck Glen.
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Old 10th Jun 2020, 00:15
  #1049 (permalink)  
 
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Yes, wishing you the best of luck Glen!
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Old 10th Jun 2020, 09:03
  #1050 (permalink)  
 
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Good luck. Let justice prevail.
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Old 10th Jun 2020, 12:09
  #1051 (permalink)  
 
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All of the above good wishes Glen
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Old 15th Jun 2020, 09:00
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I thought I had heard of the name of Jason McHeyzer somewhere before. Then the light bulb illuminated.

It was on the DMO/CASG/RAAF E-7A Wedgetail AEW&C development & acquisition program. Along with the 'gravy train' of other senior RAAF officers on overseas postings, I recall he was posted to the US-based DMO Project Office overseeing Boeing and it's principal subcontractors. That the acquisition program was delivered some 5 years late can't simply be shrugged off to being the contractors' fault. Competent oversight and control by key individuals in the Project Office ? I doubt it. I think he had some kind of engineering responsibility for the software development oversight, despite not being a professional engineer. He claims to have been accountable for airworthiness certification at the level of design approval under the former ADF TAMM system of technical airworthiness regulation. Again, as a non-tertiary qualified professional engineer. The RAAF are like that. It's a tick-in-the-box for the CV, and you move on to the next opportunity.

Former WGCDR McHeyzer, if as well schooled in the officer ways of his former RAAF brethren, probably applies the old military communication principle of never initiating comms with people more than 2 ranks up the ladder from you, lest your chain of command be blindsided by one's comms. I discovered this to be a 'thing' when as a civilian with only 3 years experience working among RAAF personnel, I was spoken to by my WGCDR supervisor and GPCAPT next-level supervisor after taking the initiative to contact an AIRCDRE in the chain of command who I formerly knew as the GPCAPT OC in the organisation I previously worked in. We knew each other.

I daresay Mr McHeyzer is simply applying his former RAAF protocols in industry. Having worked in industry myself for many years, that might not always be either (i) appropriate or (ii) appreciated by others.

Not that any of this offers you any possible consolation, Glen. In that respect I feel somewhat helpless, but I support your call for integrity in conduct and process.

I've been quietly following your situation from the sidelines, considering my own circumstances at the hands of a RAAF CENGR supervisor who was my age but had literally no professional engineering experience during his career before we crossed paths and who essentially destroyed my career and me personally through his own ignorance, incompetence and nepotism to this RAAF colleagues.

Glen - Don't overlook your health and wellbeing as this matter proceeds in the hands and carriage of your team. That's of significant importance. I may not have personally experienced 'my justice' in my workplace matter, but I am still here to speak about it and support others who want to reach out for support.

Best regards,

A30_737_AEWC

Last edited by A30_737_AEWC; 16th Jun 2020 at 03:27.
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Old 15th Jun 2020, 20:26
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Originally Posted by A30_737_AEWC
I thought I had heard of the name of Jason McHeyzer somewhere before. Then the light bulb illuminated.

It was on the DMO/CASG/RAAF E-7A Wedgetail AEW&C development & acquisition program. Along with the 'gravy train' of other senior RAAF officers on overseas postings, I recall he was posted to the US-based DMO Project Office overseeing Boeing and it's principal subcontractors. That the acquisition program was delivered some 5 years late can't simply be shrugged off to being the contractors' fault. Competent oversight and control by key individuals in the Project Office ? I doubt. I think he had some kind of engineering responsibility for the software development oversight, despite not being a professional engineer. He claims to have been accountable for airworthiness certification at the level of design approval under the former ADF TAMM system of technical airworthiness regulation. Again, as a non-tertiary qualified professional engineer. The RAAF are like that. It's a tick-in-the-box for the CV, and you move on to the next opportunity.

Former WGCDR McHeyzer, if as well schooled in the officer ways of his former RAAF brethren, probably applies the old military communication principle of never initiate comms with people more than 2 ranks up the ladder from you, lest your chain of command be blindsided by one's comms. I discovered this to be a 'thing' when as a civilian with only 3 years experience working among RAAF personnel, I was spoken to by my WGCDR supervisor and GPCAPT next-level supervisor after taking the initiative to contact an AIRCDRE in the chain of command who I formerly knew as a the GPCAPT OC in the organisation I previously worked in. We knew each other.

I daresay Mr McHeyzer is simply applying his former RAAF protocols in industry. Having worked in industry myself for many years, that might not always be either (i) appropriate or (ii) appreciated by others.

Not that any of this offers you any possible consolation, Glen. In that respect I feel somewhat helpless, but I support your call for integrity in conduct and process.

I've been quietly following your situation from the sidelines, considering my own circumstances at the hands of a RAAF CENGR supervisor who was my age but had literally no professional engineering experience during his career before we crossed paths and who essentially destroyed my career and me personally through his own ignorance, incompetence and nepotism to this RAAF colleagues.

Glen - Don't overlook your health and wellbeing as this matter proceeds in the hands and carriage of your team. That's of significant importance. I may not have personally experienced 'my justice' in my workplace matter, but I am still here to speak about it and support others who want to reach out for support.

Best regards,

A30_737_AEWC
Wow. Good read!
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Old 15th Jun 2020, 21:11
  #1054 (permalink)  
 
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A30, you mirror my experience of RAAF ‘Officers”, with of course notable exceptions.

Your post also explains one of the sources of Glen’s and the industry’s problems.
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Old 15th Jun 2020, 22:36
  #1055 (permalink)  
 
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Ex Airforce to civil aviation can certainly bring some interesting characters, I think I’ll leave it at that.
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Old 15th Jun 2020, 23:44
  #1056 (permalink)  
 
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Originally Posted by Sunfish
A30, you mirror my experience of RAAF ‘Officers”, with of course notable exceptions.

Your post also explains one of the sources of Glen’s and the industry’s problems.
Yes, of course there are some notable exceptions, Sunfish. I've encountered a few, but in the minority, who are exemplary as engineering practitioners. They are also of the kind that aren't awarded Australian honours for simply taking a paypacket every fortnight and turning up to work.
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Old 25th Jun 2020, 11:05
  #1057 (permalink)  
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Stage Pne of the Ombudsmans report

I have attached Stage One of the Ombudsman Report, for those that are following this story. This is only the tip of the iceberg but it appears to be a good start. Keen on any thoughts, feedback etc
Attached Files
File Type: pdf
Phase 1 report.pdf (663.0 KB, 114 views)
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Old 25th Jun 2020, 11:40
  #1058 (permalink)  
 
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The contents of Commonwealth Ombudsman’s reports are of no legal consequence.
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Old 25th Jun 2020, 11:56
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Originally Posted by Lead Balloon
The contents of Commonwealth Ombudsman’s reports are of no legal consequence.
That may well be so, however, we've had in the public forum this past week, the case of a former High Court judge and the matter of a number of his associates whose complaints regarding their former boss' behaviour towards them was found to be credible subject to the review of an individual independent of the Court, but instigated by the High Court itself.

The former High Court judge's legal counsel effectively made the same point as you have Lead Balloon, but that of itself doesn't mean that the complainants' complaints are not necessarily invalid, just that they have not been tested by the usual processes of evidence and cross-examination and judgement afford by a court of law.
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Old 25th Jun 2020, 12:21
  #1060 (permalink)  
 
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True.

But the general public doesn’t give a tinker’s cuss about Glen’s circumstances. Glen’s circumstances have not and will never get the media coverage that allegations of tawdry behaviour against a retired High Court judge will get.

Glen gets the joy of slogging in completely the opposite direction to that in which the retired High Court judge is now slogging. Glen is slogging to show that the circumstances entitle him to legal redress. The retired High Court judge is slogging to show that the circumstances are ‘move on, nothing to see here’.

The Ombudsman’s views are interesting but ultimately unhelpful to Glen’s effort.
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