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CASA - Moral Exemplar Duty - The end of the Friday Afternoon Fax?

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CASA - Moral Exemplar Duty - The end of the Friday Afternoon Fax?

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Old 18th Aug 2012, 07:10
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Interesting opinion piece in yesterday's Australian 'Legal Affairs' section which will have Fort Fumble's legalcrats rubbing their hands in glee!
Law Society of NSW - News & media

Not only will they be able to cook you slowly in the AAT under the tribunal's 'guilty until to proven innocent or liable and who cares about the evidence' approach, but they will theoretically be able to force you to fess up and incriminate yourself in criminal proceedings!

This line says it all:
At least the police warning could be simpler, perhaps "anything you say may be used against you; anything you don't say, will be".
Rather simplifies "Appendix 1-6 Coordinated Enforcement Process F, see here: http://www.casa.gov.au/enf/009rx01.pdf ...soon it will be 'Go directly to Jail and do not collect $200'! No longer will they have to worry about going back to Process A for another round of 'gotchas!'

Soon Fort Fumble will no longer have to worry about that filthy, uncouth, undisciplined GA rabble.....off to Montreal for a talkfest about how we out foxed and totally decimated the GA industry in Oz!

Hang on sec...just had to check my passport and birth certificate to see if I really do reside in Australia!!

Hmmm pg 4 are we overdue a Nazi reference??

Last edited by Sarcs; 18th Aug 2012 at 07:55. Reason: Overdue Nazi reference..
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Old 18th Aug 2012, 08:16
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Heil who!

There has been the sound of jackboots in the CASA corridors for yonks...aint anything new.!
That OK.??
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Old 18th Aug 2012, 08:21
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That'll do it! Thought for a moment I might have to sing out to our Bavarian mate Saur Kraut...

Hey aroa how'd you get on with that HOCOLEA mob??

Last edited by Sarcs; 18th Aug 2012 at 08:24.
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Old 18th Aug 2012, 20:58
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Jackboots – No, not this year dear.

Our resident hacker has been monitoring the footwear orders within the upper echelons of the organisation through "Willy leaks". Jackboots, you'll all be pleased to hear, are out.

Secret information is available, but to protect the innocent we are only allowed to direct interested persons to:

The great footwear scandal.

Sarcs - that opinion piece is interesting: seems you get shut up if you shut up; and shut up if you don't shut up. Right; cup of tea, bex and a nice lie down I think.


Last edited by Kharon; 18th Aug 2012 at 21:46. Reason: You said sandal - what ??
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Old 18th Aug 2012, 21:49
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Good catch "K" some of which feature on here:

[YOUTUBE]

The boots at 0:14 will probably end up as required footwear for avid stormtrooper followers...the jackboot of the 21st century perhaps??
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Old 19th Aug 2012, 01:11
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If the shoe fits

OK – The great match the shoe to the department competition. Grand prize two chocolate frogs. (donated by Jabbawocky).

My turn first

Video Time – your wearer selection. - Reason for selection.
00.15 – Legal services toilers – keeping feet out of pony pooh.
00.37 – AAT witness protection – letting you know, we care.
00.44 – Legal services management- less pony pooh avoidance required.
00.52 – Top floor only – conference dancing selection.
01.02 – Field managers selection – clinging to slippery poles.
01.09 – Finance only – user pays, and pays – no pressure.
01.16 – Reserved for heroes – ideal for those who lost toes in the arse kicking wars.
01.20 – Voodoo room only – an elegant confection of fantasy.
01.26 – Legal services females only – keep your snacks fresh.
01.31 – Human resources - Disappeared crawlers recovery and family notification.
01.41 – Secret squirrels – for covert enforcement functions only (and sleep overs).
01.45 – Strictly Top floor – reserved for after 8 conference wear.
02.00 – Industry reps – ideal for wading through it every day.
02.12 – ASA spin doctors – Toys for the boys (and girls).
02.18 – Senator special – corrective footwear.

Last edited by Kharon; 19th Aug 2012 at 01:19. Reason: Brunch Minnie - whip up them nags.
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Old 19th Aug 2012, 10:59
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Das is mine hammer!

What about the 'RM Jackboot wearing team lead FOI' from Brisbane?
Un vere did he dissapear to yah? Oon got sidelined and vent to the turd floor in fort fumbles asylum in ze Brisbane oon never to be heard from nor harass industry again!
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Old 19th Aug 2012, 11:45
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Victim #1

Cactus Jack (Esq) – sorry mate barred from competition; CASA rules, there were no RM's in the video clip (no flaming birds either). You can of course contest this at an AAT (Innuendo) hearing, near you within the next 3 years and $60, 000. NEXT!.

Big time. Thanks.

Last edited by Kharon; 19th Aug 2012 at 11:48. Reason: Yes Mum, you can stop peddaling now.
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Old 20th Aug 2012, 01:19
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What is an innuendo??

An Italian suppository!!!
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Old 21st Aug 2012, 11:48
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I notice that Albo's circus is off to the AAT, it will be interesting to see if the circus adheres to the MLR! Or maybe it will all fizzle out into some ADR then get noted by the OLSC and the ROLIA in their annual reports. Then eventually be tabled in Parliament by some obscure MHR backbencher and consigned to history in the volumes of Hansard....but maybe not!!

This Archerfield Airport Chamber of Commerce and various stakeholders are packing a bit of a punch, check out their joint Media Release..wow!

http://www.aacci.org.au/pdf/MediaRel...ttachments.pdf

Last edited by Sarcs; 21st Aug 2012 at 21:04.
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Old 21st Aug 2012, 12:04
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Oh good grief here we go again...Minister cops flack from media!!
Skull cops Flack from minister!!!
Cant shut down Tiger again can they???
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Old 7th Sep 2012, 02:51
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AAT positions vacant!

Talking of the AAT if there is anyone who is out there prepared to give a bit back and perhaps hold a beacon for the GA industry, sure would beat the current RAAF jocks etc, well take a look at this advert:



Oh and there is also a slot for Creamy!



...although I'm not sure if I should be encouraging him

So for those with a slightly legal bent and concerns for the industry, who are semi-retired and after some beer money it could be a good gig!
Please Note: All former CASA employees need not apply!
ps I guess that counts you out creamy, sorry mate!
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Old 7th Sep 2012, 07:34
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Sarcs,
What anexciting opportunity indeed. I figure Frank, Kharon, myself, biscuit, up-into-the-air, thornbird, aroa, oh dear and the list continues, won't be welcome to apply.
One of the key criteria they would not be seeking is for applicants to have an open mind, honesty, integrity, aversion to pony pooh, transparency and so forth.
As for the deputy president will definitely creamy, flyingfiend, Clinton and perhaps the voodoo witch doctor himself would be fine candidates with a robust acumen and highly tuned sense of spin.
The successful candidates will receive training and attend courses in buls#it 101, spin and deflection, bureaucratic linguistics and trough gouging. Should be a nice little earner.............

Outgoing tribunal members pictured below:


Last edited by gobbledock; 7th Sep 2012 at 07:44. Reason: Dodging the pig trough in the middle of the room
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Old 7th Sep 2012, 07:51
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Yeah Gobbles your probably right the AAT is more than likely another one of those EOI jobs that they advertise cause they have to...just extending the trough outside or is that takeaway pig trough? Oh well back to the two Dumbos in the corner....let's call it eleporn!
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Old 9th Nov 2012, 03:24
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casa and Honesty!!

Must be almost 5PM Friday:

Had a bit of time to do some reading and this popped up:

[Read more in the Sydney Morning Herald article by Kim Sawyer who is an honorary fellow with the school of historical and philosophical studies at the University of Melbourne. The power of the selfish incentive ]The power of the selfish incentive

in a Google search for :

"power to prosecute by civil aviation safety authority"

We have traditionally adopted an approach where regulators are mandated to detect and prosecute corruption. This approach empowers industry regulators such as the Civil Aviation Safety Authority, Australian Prudential Regulation Authority and Australian Securities and Investments Commission, auditors-general, ombudsmen, law-enforcement agencies and state-based commissions to fight against corruption. But the approach has become a patchwork quilt. There is no uniform legislation across Australia in areas such as fraud prevention, anti-corruption commissions, or whistleblowing; and little evidence of the costs and benefits of our fight against corruption. The anecdotal evidence that exists suggests the fight is highly inefficient; the failure to effectively prosecute the AWB and Reserve Bank of Australia cases of bribery suggests a culture of non-compliance that is tolerated by regulators and policymakers. We depend too much on investigative journalists for transparency.
or the final para which says:

In the fight against corruption, Australia must now consider a market-based approach that gives whistleblowers incentives. As the US experience has shown, this confers substantial pay-offs to governments and taxpayers. It is an insurance policy for a culture of compliance. And it would permit Australian whistleblowers the opportunity to show the real benefits of the public-private partnership called whistleblowing.


From the November 2012 Senate inquiry and casa's response:




Note 5.10.11 above and in casa's web site, the following is a direct cut and paste:

Prosecution

Where CASA receives information that suggests that there may have been a breach of the legislation, the matter may be considered for investigation and referral to the Commonwealth Director of Public Prosecutions (CDPP) in accordance with CASA’s enforcement strategy and procedural guidelines and having regard to the Prosecution Policy of the Commonwealth. This would generally include any contraventions that:

1. Are deliberate and serious or that demonstrate a reckless disregard for the safety rules;
2. Are part of a pattern of similar contraventions by the same individual or organisation;
3. Involve knowing or reckless breaches of the Civil Aviation Act; or
4. Seriously endanger the safety of persons other than the person committing the contravention.

Enforcement Manual, Chapter 11 Criminal Action - Prosecution

http://www.casa.gov.au/wcmswr/_asset...nf/009r011.pdf

This says in part:

11.2 Purpose
The purpose of this Chapter is to explain the process of referral of matters to the Commonwealth Director of Public Prosecutions (CDPP), the use of prosecution as an enforcement tool, the responsibilities of CASA and its officers in relation to such referrals and the procedures to be taken when such action is being considered.
Surely that means ALL infringements should be referred and casa has the power to prosecute.

Just do some careful reading of the Manual and how the process has been misused by casa.

Last edited by Up-into-the-air; 17th Nov 2012 at 15:19.
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Old 10th Nov 2012, 10:42
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Just do some careful reading of the Manual and how the process has been misused by casa.

CASA don't like the word 'misuse' being used in connection with their highly esteemed organisation. Besides, it is just a manual.
Manual
n
1. a book, esp of instructions or information, i.e CASA Surveillance Procedures Manual
A manual can be interpereted whichever way they see fit at the time. Personally, I would like to take the majority of their rules, documents, manualls and thinly worded but carefully scripted get out of jail free documents and bind them all up really tightly, turn them sideways, add just a dollop of lube and shove them straight up there.............
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Old 17th Nov 2012, 03:49
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I found these in a trawl through the casa web site for 20011/ 2012:

EF12/2054
ENFORCEMENT - COORDINATED ENFORCEMENT - Administrative Action -***- ARN *** - EAN ***
EF12/2048
ENFORCEMENT - COORDINATED ENFORCEMENT - Administrative Action - *** - ARN *** - EAN ***
EF12/2089
ENFORCEMENT - COORDINATED ENFORCEMENT - *** - ARN *** - Seized Pilot Files - March 2012
EF12/4086
ENFORCEMENT - COORDINATED ENFORCEMENT - ***- ARN *** - EAN ***- Sydney Region
EF12/3819
ENFORCEMENT - COORDINATED ENFORCEMENT - *** Enforcement - ***
EF12/3427
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/106
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - Pilot Files Associated Evidence
EF12/71
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - Seized Pilot Files 30/11/2011
EF12/3613
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN *** - VFR / IFR incident
EF12/240
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** ARN *** EAN ***
EF12/934
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - ***ARN *** EAN ***
EF12/239
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral -*** ARN *** EAN ***
EF12/4028
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN - *** - Sydney Region
EF12/2258
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/89
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** ARN *** EAN ***
EF12/1814
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/3650
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/2641
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/3660
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN *** - Sydney Region
EF12/2259
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral -***s - ARN *** - EAN ***
EF12/764
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - ***ARN *** EAN ***
EF12/2604
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/3034
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN *** - COUNSELLING
EF12/3490
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/285
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** ARN *** EAN ***
EF12/3425
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral - *** - ARN *** - EAN ***
EF12/1953
ENFORCEMENT - COORDINATED ENFORCEMENT - Referral -*** ARN *** EAN ***
These are 27 occurrences of actions against pilots. I posted some time ago the number of active medicals in aviation, which is less than 30, 000 people at the end of 2011. This of course includes ASA, CPL's, PPL's and maintenance personnel.

This is for co-ordinated enforcement, which is [from the manual]:

Coordinated Enforcement is a policy aimed at achieving better-informed and consistent enforcement across CASA.
As a result of a decision taken at the Chief Operating Officer’s (COO) Meeting on 10 August 2005, a process of ‘Coordinated Enforcement’ was introduced on a trial basis. Since February 2008, the Coordinated Enforcement Process has been a formal CASA policy, endorsed by the Director of Aviation Safety and Chief Executive Officer. The Coordinated Enforcement Process includes the following elements:
􀁺 Retention of formal decision-making responsibility for Administrative and Civil Action by the delegates at senior management level
􀁺 Retention of formal decision-making responsibility for the referral of matters to the CDPP and for the issuance of Infringement Notices with the Manager, Enforcement Policy and Practice (MEPP)
􀁺 Discussion and consultation involving (at least) the responsible operational manager(s) and the MEPP, and including, where appropriate, other operational and legal officers.
However the differences between large and small is obvious here:

There are and will necessarily be certain differences between the ways in which aspects of CASA’s dealings with larger and smaller operators proceed, and between the approaches CASA might adopt in addressing particular safety issues in relation to different, and different kinds of operators.
The answer ??

Make sure you have the matter heard in Court to ensure that the proper Rules of Evidence apply
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Old 17th Nov 2012, 10:08
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I went to a Marine Industry presentation by AMSA yesterday in Fremantle 200+ folk were there.

The guts of the presentation was the new 2012 Act which harmonises the Qualifications Australia with along with the registration requirements for commercial vessels.

Really refreshing presentation, much emphasis on co ordinated enforcement and the controlof inspectors to ENSURE the enforcement AustraliaWide would be consistent and fair to the Industry.

Where oh where did we let the fools in CASA take us into the dark world that Aviation enforcement is ????????
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Old 3rd Feb 2014, 11:56
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Is the end of the Friday afternoon fax any closer?

So the question is again raised 'Will this wet lettuce review result in the end of such practises as the 1659 Friday afternoon faxes'? Well in regards to faxes sent to industry, unlikely. But in regards to some of those who roam the halls of sleepy hollow I am hearing out of Can'tberra that there may be one or two Fort Fumblers who will receive their own Friday afternoon fax in the not so distant future
Seeing is believing and fantasies are free so who knows. Then again I reckon the WLR team will in fact run out of lettuce leaves and end up using wet teabags on the CASA miscreants. Anyone for Liptons?
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Old 3rd Feb 2014, 23:37
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'la maison de rat'

The rat stoppers have been put out on the ropes, but there is conjecture if they work in reverse.
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