BB, FNQ aviation needs your help
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BB, FNQ aviation needs your help
This topic is carried over from the Brampton Isand Incident in this Forum.
Let me assure you the industry in FNQ is not happy with CASA TL.
It is my opinion that the problem in CASA TL is essentially a couple of bad eggs.
One of whom has stabbed and slashed his way quite high in the organisation.
There is a new AM in place, by BB we can all assume and it is my opinion he is slowly becoming aware of who the problem is.
If he doesn't change the culture, i am sure he is acutely aware that his head will roll first. It would be a hard job to find "Hard Evidence" against this person, unfortunately the AM has to deal exclusively with "Soft Evidence".
Could you imagine a workplace where people are sueing each other, supervisors not able to talk to their sub-ordinates due to registered mental injuries sustained, another staff member out of the workplace for two years on full pay awaiting a huge pay out, a number of staff out of "Stress Leave", months of it infact, incompetance common place, their customers absolute contempt and high staff turn over. This place exists.
Please have your say, this needs to change !.
No Flying = No Accident approach is unacceptable to me.
All i wish to see is change, more cups of tea and less RCA's approach to life would be fantastic.
Let me assure you the industry in FNQ is not happy with CASA TL.
It is my opinion that the problem in CASA TL is essentially a couple of bad eggs.
One of whom has stabbed and slashed his way quite high in the organisation.
There is a new AM in place, by BB we can all assume and it is my opinion he is slowly becoming aware of who the problem is.
If he doesn't change the culture, i am sure he is acutely aware that his head will roll first. It would be a hard job to find "Hard Evidence" against this person, unfortunately the AM has to deal exclusively with "Soft Evidence".
Could you imagine a workplace where people are sueing each other, supervisors not able to talk to their sub-ordinates due to registered mental injuries sustained, another staff member out of the workplace for two years on full pay awaiting a huge pay out, a number of staff out of "Stress Leave", months of it infact, incompetance common place, their customers absolute contempt and high staff turn over. This place exists.
Please have your say, this needs to change !.
No Flying = No Accident approach is unacceptable to me.
All i wish to see is change, more cups of tea and less RCA's approach to life would be fantastic.
Last edited by Stink Finger; 24th Dec 2004 at 04:43.
Mr Byron says he is also acting to ensure CASA’s inspectors spend more time in the field working with people in the aviation industry.
“CASA is focussing more on helping the industry comply with aviation safety requirements.
“We see the way ahead as a willing partnership in safety between CASA and members of the aviation industry who, at the end of the day, have a duty of care to deliver operational safety.
“I want to extend a mentoring role to CASA’s day-to-day compliance activities and have directed that resources be re-allocated so that from 2004-05 CASA inspectors will have more time in the field.”
“CASA is focussing more on helping the industry comply with aviation safety requirements.
“We see the way ahead as a willing partnership in safety between CASA and members of the aviation industry who, at the end of the day, have a duty of care to deliver operational safety.
“I want to extend a mentoring role to CASA’s day-to-day compliance activities and have directed that resources be re-allocated so that from 2004-05 CASA inspectors will have more time in the field.”
The new AM will need to get in the first hit real fast, 'cause on past record he won't get a second chance to clean up the TL quagmire of iniquity!
Last edited by Torres; 24th Dec 2004 at 02:03.
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Seems AOPA have had some luck lately with some possible recalcitrants, perhaps you should spur them on this one.
They have a section for CASA issues, if you are not a member try
www.aimoo.com/agaf
AOPA people post there.
Max
They have a section for CASA issues, if you are not a member try
www.aimoo.com/agaf
AOPA people post there.
Max
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Stinkfinger
I have responded in part on the original thread.
While it is healthy to have an airing of the CASA NQAO Townsville problems,
the original thread linked the misconduct with biased treatment of two operators on the same field.
One got a negative bias, the other a positive bias.
BB's rhetoric whispers something about fair and impartial treatment.
Whispers means the NQAO has not possibly heard it!
There are no staff problems in Townsville. You either go with the misconduct, or get victimised.
If staff understand that, no problems.
If the penalty for doing your job honestly and with your integrity intact is bastardisation,
you must understand it is better to lower your standards of ethics than be bastardised.
In this simplified environment, how can there be staff problems?
Do it this way or suffer the known consequences. Is this simple enough for all staff to understand.
An independant inquiry into this novel way of leadership found no problem with the leader,
just with those who didn't understand the system of leadership.
Yes Stinky, there are two major players and at least one fringe dweller.
None of these three have much respect in the industry.
On the other hand, the bastardised were highly respected by most.
Can you draw a conclusion regarding this cultural conflict?
The AM faces the prospect of an extremely short lived career as a consequence of inheriting this office.
To have accepted the position, he must have either had no knowledge of the existing and ongoing problems,
or he was recruited because he has outstanding managerial skills and is expected to demonstrate them by solving the problems.
Obviously counselling is not an option here, so action must happen.
Otherwise the beatings will continue until morale improves.
Should the AM solve the problems (to the satisfaction of the affected as well as BB),
then surely he has a guaranteed career ahead fixing other problem offices.
It is sobering to remember that this is not the only office with managerial problems and failure to disseminate the Directors Rhetoric.
However, this office has excelled.
It has distinguished itself as one of the most reviled and dysfunctional offices in the CASA empire.
If you can name another office that approaches this one let's hear about, as surely the Director needs to know where else the boat is leaking.
I have responded in part on the original thread.
While it is healthy to have an airing of the CASA NQAO Townsville problems,
the original thread linked the misconduct with biased treatment of two operators on the same field.
One got a negative bias, the other a positive bias.
BB's rhetoric whispers something about fair and impartial treatment.
Whispers means the NQAO has not possibly heard it!
There are no staff problems in Townsville. You either go with the misconduct, or get victimised.
If staff understand that, no problems.
If the penalty for doing your job honestly and with your integrity intact is bastardisation,
you must understand it is better to lower your standards of ethics than be bastardised.
In this simplified environment, how can there be staff problems?
Do it this way or suffer the known consequences. Is this simple enough for all staff to understand.
An independant inquiry into this novel way of leadership found no problem with the leader,
just with those who didn't understand the system of leadership.
Yes Stinky, there are two major players and at least one fringe dweller.
None of these three have much respect in the industry.
On the other hand, the bastardised were highly respected by most.
Can you draw a conclusion regarding this cultural conflict?
The AM faces the prospect of an extremely short lived career as a consequence of inheriting this office.
To have accepted the position, he must have either had no knowledge of the existing and ongoing problems,
or he was recruited because he has outstanding managerial skills and is expected to demonstrate them by solving the problems.
Obviously counselling is not an option here, so action must happen.
Otherwise the beatings will continue until morale improves.
Should the AM solve the problems (to the satisfaction of the affected as well as BB),
then surely he has a guaranteed career ahead fixing other problem offices.
It is sobering to remember that this is not the only office with managerial problems and failure to disseminate the Directors Rhetoric.
However, this office has excelled.
It has distinguished itself as one of the most reviled and dysfunctional offices in the CASA empire.
If you can name another office that approaches this one let's hear about, as surely the Director needs to know where else the boat is leaking.
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Stinky and Starlight
Nothing will happen, CASA cannot be seen to be wrong.
Understand this. It will be swept under the carpet as usual.
The only way the issues can be exposed and resolved is by way of a truly independant, external investigation.
That can only happen usually with a Royal Commission.
With the Government returned to power for another term,
and the opposition in shock and disarray, there can be no political will or advantage to seeking the truth.
Should the unlikely happen, then those that have hard evidence can come forward and testify.
Rumour has it that evidence exists of:
Conspiring to Pervert the Course of Justice,
Fabricating evidence
Falsifying evidence
Losing evidence
Illegally obtaining evidence without warrant
Blatant lying (several taped examples exist from several operators.
Misleading of superiors
Rewriting and re interpreting regulations to deceive and mislead.
Mischievous conduct
Malfeascence
Targeted Harrassment of selected victims.
Unlawful interference affecting the operation of an aircraft
Unlawfully detaining a person.
Misuse of Public Monies in pursuing some of these offences.
Wilfully obstructing legitimate approvals
Contacting operators clients and slandering or defaming the operators to those clients
Mischievously leaking slanted media articles to the press with intent to cause harm.
A significant proportion of the above constitute criminal offences if proven.
The tactics have been successfully used by other offices to attain the same result.
None of this can be aired, proven and tried except by Royal Commission.
You really wouldn't want your children playing with these people.
Unless a Royal Commission is conducted into the operations of this office, and CASA in general, this conduct will continue.
Nothing will happen, CASA cannot be seen to be wrong.
Understand this. It will be swept under the carpet as usual.
The only way the issues can be exposed and resolved is by way of a truly independant, external investigation.
That can only happen usually with a Royal Commission.
With the Government returned to power for another term,
and the opposition in shock and disarray, there can be no political will or advantage to seeking the truth.
Should the unlikely happen, then those that have hard evidence can come forward and testify.
Rumour has it that evidence exists of:
Conspiring to Pervert the Course of Justice,
Fabricating evidence
Falsifying evidence
Losing evidence
Illegally obtaining evidence without warrant
Blatant lying (several taped examples exist from several operators.
Misleading of superiors
Rewriting and re interpreting regulations to deceive and mislead.
Mischievous conduct
Malfeascence
Targeted Harrassment of selected victims.
Unlawful interference affecting the operation of an aircraft
Unlawfully detaining a person.
Misuse of Public Monies in pursuing some of these offences.
Wilfully obstructing legitimate approvals
Contacting operators clients and slandering or defaming the operators to those clients
Mischievously leaking slanted media articles to the press with intent to cause harm.
A significant proportion of the above constitute criminal offences if proven.
The tactics have been successfully used by other offices to attain the same result.
None of this can be aired, proven and tried except by Royal Commission.
You really wouldn't want your children playing with these people.
Unless a Royal Commission is conducted into the operations of this office, and CASA in general, this conduct will continue.
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Mainframe,
As you've stated, there is no way a Royal Commision is going to occur, in my opinion is it not needed. I am sure the respective AM certainly cares to see it changed.
I feel this topic is a lot simpler in concept than the picture you paint.
Just recently an operator from CS went through the Courts against this groups of clowns, and publicly pulled CASA's pants down and gave them a bit of a spanking.
The problem is individual CASA staff making there own interpretations of relatively simple legislation, to such an extremely obscure outcome that it is only natural the industry will buck up.
Dealing personally with these negative influences, that unfortunately work within CASA, has made me feel rather inexperienced.
Some of the career high lights for these particular CASA guys include, crashing one helicopter into two others = 3 broken helicopters ( thats my personal favourite ), Multiple VCA's, fatalities.
These nats do not deserve a Royal Commision.
The new enforcement procedures, why were they needed ?, in my opinion it is because of the approach of these incapable fools.
A bad culture and just like within a charter company, the festering wounds need to be removed, surgically
As you've stated, there is no way a Royal Commision is going to occur, in my opinion is it not needed. I am sure the respective AM certainly cares to see it changed.
I feel this topic is a lot simpler in concept than the picture you paint.
Just recently an operator from CS went through the Courts against this groups of clowns, and publicly pulled CASA's pants down and gave them a bit of a spanking.
The problem is individual CASA staff making there own interpretations of relatively simple legislation, to such an extremely obscure outcome that it is only natural the industry will buck up.
Dealing personally with these negative influences, that unfortunately work within CASA, has made me feel rather inexperienced.
Some of the career high lights for these particular CASA guys include, crashing one helicopter into two others = 3 broken helicopters ( thats my personal favourite ), Multiple VCA's, fatalities.
These nats do not deserve a Royal Commision.
The new enforcement procedures, why were they needed ?, in my opinion it is because of the approach of these incapable fools.
A bad culture and just like within a charter company, the festering wounds need to be removed, surgically
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Stink Finger
I agree that the buck stops with the new AM.
However, the offender has assisted in the demise of the two previous area managers,
and aspires to the role of AM himself.
That the new AM is aware of his peril remains unknown
Pinnochio, the main offender's assistant and often taped liar, aspires to the position of T/L.
His career highlights make interesting reading but I will refrain from disclosing them as it may inadvertently identify him.
The two need to be, as you put it, "surgically removed".
If they are not, and control of the Townsville office becomes theirs,
the future of aviation will enter it's darkest period.
Unfortunately that means dismissal and, in the absence of criminal charges laid against them for the crimes they have committed,
they will need instead to be treated as erring individuals,
instead of the criminals that a criminal court would establish that they in fact were.
Their industrial body will, as is it's duty, protect them and claim unfair dismissal.
The fact that these two have destroyed careers, reputations, livelihoods, businesses and inflicted harm on their own employees as well,
will be ignored, they will be protected.
Under the ordinances that protect CASA employees from accountability for misconduct, these guys are untouchable.
Despite the fact that they have inflicted milllions of dollars of harm against viable and law abiding businesses that they chose, for reasons unknown, to maliciously attack.
A policeman can be held accountable and responsible for his actions.
CASA employees are not, and their people are acutely aware of their immunity and position of privilege and power.
A Royal Commission is probably the only way that could lead to criminal charges being laid, although , as you correctly observe, this can't or won't happen.
Power is intoxicating, and these guys are right off their faces.
When they sober up they will look for their next binge.
There are no checks and balances within what has degenerated into a corrupt government entity.
BB is aware, but procrastinates with inaction.
He will merely issue another bit of warm and fuzzy rhetoric while these evil doers laugh at him and the industry.
And yes, the offenders did receive a fitting castigation in their last AAT foray, as in previous ones,
but the new AM was not present to witness it.
Had he had the foresight to attend the AAT hearing, he may possibly have sacked the offenders immediately on return to their office.
Their misconduct was described in court as despicable, an almost polite term for the depravity perpetrated by the miscreants.
The AAT is no longer CASA's playground, these clowns have ensured that any future action by them ending in the AAT will be seriously questioned.
Quite simply. as any policeman knows, you cannot break the law to enforce it, except in dire and exceptional circumstances.
I agree that the buck stops with the new AM.
However, the offender has assisted in the demise of the two previous area managers,
and aspires to the role of AM himself.
That the new AM is aware of his peril remains unknown
Pinnochio, the main offender's assistant and often taped liar, aspires to the position of T/L.
His career highlights make interesting reading but I will refrain from disclosing them as it may inadvertently identify him.
The two need to be, as you put it, "surgically removed".
If they are not, and control of the Townsville office becomes theirs,
the future of aviation will enter it's darkest period.
Unfortunately that means dismissal and, in the absence of criminal charges laid against them for the crimes they have committed,
they will need instead to be treated as erring individuals,
instead of the criminals that a criminal court would establish that they in fact were.
Their industrial body will, as is it's duty, protect them and claim unfair dismissal.
The fact that these two have destroyed careers, reputations, livelihoods, businesses and inflicted harm on their own employees as well,
will be ignored, they will be protected.
Under the ordinances that protect CASA employees from accountability for misconduct, these guys are untouchable.
Despite the fact that they have inflicted milllions of dollars of harm against viable and law abiding businesses that they chose, for reasons unknown, to maliciously attack.
A policeman can be held accountable and responsible for his actions.
CASA employees are not, and their people are acutely aware of their immunity and position of privilege and power.
A Royal Commission is probably the only way that could lead to criminal charges being laid, although , as you correctly observe, this can't or won't happen.
Power is intoxicating, and these guys are right off their faces.
When they sober up they will look for their next binge.
There are no checks and balances within what has degenerated into a corrupt government entity.
BB is aware, but procrastinates with inaction.
He will merely issue another bit of warm and fuzzy rhetoric while these evil doers laugh at him and the industry.
And yes, the offenders did receive a fitting castigation in their last AAT foray, as in previous ones,
but the new AM was not present to witness it.
Had he had the foresight to attend the AAT hearing, he may possibly have sacked the offenders immediately on return to their office.
Their misconduct was described in court as despicable, an almost polite term for the depravity perpetrated by the miscreants.
The AAT is no longer CASA's playground, these clowns have ensured that any future action by them ending in the AAT will be seriously questioned.
Quite simply. as any policeman knows, you cannot break the law to enforce it, except in dire and exceptional circumstances.
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Memo to LK and CASA staff in FNQ:
Staff of CASA offices in far north Queensland have obviously not read the following from the CASA web site:
CASA, in a document entitled: "A new approach to enforcement". March, 1989.
“CASA will do all it can to ensure that a person whose licence, certificate or authority is suspended or cancelled has ready access to full external merits review in the AAT. Once before the AAT, CASA will conduct itself as a model litigant.”
CASA Media Release: December 23, 2004: Aircraft Accident Rate Falling:
“CASA is focussing more on helping the industry comply with aviation safety requirements.
“We see the way ahead as a willing partnership in safety between CASA and members of the aviation industry who, at the end of the day, have a duty of care to deliver operational safety.
CASA Media Release: October 7, 2004: Better Complaints & Compliments Handling:
The new Service Charter spells out the rights of people dealing with CASA, standards for CASA service and the responsibilities of people who deal with CASA.
The Service Charter states the overriding principle in CASA’s complaints handling system is natural justice – a presumption of innocence and a right to a fair hearing.
“We will use the feedback we receive and our own regular monitoring of performance to help ensure our service standards meet the requirements of a good regulator,” Mr Byron says.
“We are well aware that our actions and decisions can affect people’s lives and businesses and we accept our responsibility to give service on a professional basis, and with courtesy and consideration.
CASA Media Release: September 23, 2004: Clear & Consistent Advice on Air Safety Rules:
“It’s vital that CASA gives as much assistance as possible to the aviation industry to understand and properly apply the safety regulations,” Mr Byron says.
“We recognise that this isn’t always easy as the regulations are legal in nature and can sometimes be challenging to follow.
CASA Media Release: September 2, 2004: Aviation Management needs Closer Scrutiny:
“This is nothing new, but we need to be confident we have the skills to objectively review management processes and procedures that may be somewhat removed from the technical fields with which we are most comfortable.
“We need to be proactive in targeting, for example, management systems.”
CASA Media Release: February 25, 2004: Improved Air Safety Enforcement:
“The reforms provide an appropriate balance between enhancing natural justice and maintaining CASA’s powers to take action on safety breaches,” Mr Byron says.
“They will enable CASA to focus its limited resources on incidents which have significant safety implications.”
Staff of CASA offices in far north Queensland have obviously not read the following from the CASA web site:
CASA, in a document entitled: "A new approach to enforcement". March, 1989.
“CASA will do all it can to ensure that a person whose licence, certificate or authority is suspended or cancelled has ready access to full external merits review in the AAT. Once before the AAT, CASA will conduct itself as a model litigant.”
CASA Media Release: December 23, 2004: Aircraft Accident Rate Falling:
“CASA is focussing more on helping the industry comply with aviation safety requirements.
“We see the way ahead as a willing partnership in safety between CASA and members of the aviation industry who, at the end of the day, have a duty of care to deliver operational safety.
CASA Media Release: October 7, 2004: Better Complaints & Compliments Handling:
The new Service Charter spells out the rights of people dealing with CASA, standards for CASA service and the responsibilities of people who deal with CASA.
The Service Charter states the overriding principle in CASA’s complaints handling system is natural justice – a presumption of innocence and a right to a fair hearing.
“We will use the feedback we receive and our own regular monitoring of performance to help ensure our service standards meet the requirements of a good regulator,” Mr Byron says.
“We are well aware that our actions and decisions can affect people’s lives and businesses and we accept our responsibility to give service on a professional basis, and with courtesy and consideration.
CASA Media Release: September 23, 2004: Clear & Consistent Advice on Air Safety Rules:
“It’s vital that CASA gives as much assistance as possible to the aviation industry to understand and properly apply the safety regulations,” Mr Byron says.
“We recognise that this isn’t always easy as the regulations are legal in nature and can sometimes be challenging to follow.
CASA Media Release: September 2, 2004: Aviation Management needs Closer Scrutiny:
“This is nothing new, but we need to be confident we have the skills to objectively review management processes and procedures that may be somewhat removed from the technical fields with which we are most comfortable.
“We need to be proactive in targeting, for example, management systems.”
CASA Media Release: February 25, 2004: Improved Air Safety Enforcement:
“The reforms provide an appropriate balance between enhancing natural justice and maintaining CASA’s powers to take action on safety breaches,” Mr Byron says.
“They will enable CASA to focus its limited resources on incidents which have significant safety implications.”
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Tail_Wheel
Interesting reading, but not intended for other than pretending that processes are in place by CASA.
The personal agendas of field offices over rule the desires of Bruce Byron.
Safety, although always bandied about, is not a focus.
Pretending to discover massive safety problems is a legitimate goal for FOI's who can't get on with the mundane
and boring job of issuing approvals and responding to the multiple requests that inundate them.
The alternative is stress leave, a useful panacea, for the bumbling incompetents when confronted with real issues.
Interesting reading, but not intended for other than pretending that processes are in place by CASA.
The personal agendas of field offices over rule the desires of Bruce Byron.
Safety, although always bandied about, is not a focus.
Pretending to discover massive safety problems is a legitimate goal for FOI's who can't get on with the mundane
and boring job of issuing approvals and responding to the multiple requests that inundate them.
The alternative is stress leave, a useful panacea, for the bumbling incompetents when confronted with real issues.
Check Attitude
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Far Cu
If you're refering to the favoured rum of the yachting set, no.
The one you're thinking of has fallen out of favour and has already been superceded by Pinochio,
the acknowledged and ever ready master of prevarication.
They're still a bunch of disreputable scum, regardless of the pecking order
If you're refering to the favoured rum of the yachting set, no.
The one you're thinking of has fallen out of favour and has already been superceded by Pinochio,
the acknowledged and ever ready master of prevarication.
They're still a bunch of disreputable scum, regardless of the pecking order
I suspect FarCu is referring to one who operated a pilot recruitment business of dubious repute. If so, even he couldn't stomach the cr@p and is reputed to be on stress leave.
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FNQ Aviation, BB needs your Help
Given that BB has signalled his intent of reform, and has demonstrated this by judicial sackings,
you can all help him by going to the CASA Website, Complaints and Compliments page and lodge factual complaints.
Nicola Hinder has undertaken to respond promptly to all.
If you have had a positive experience with CASA, then that should also be made known.
BB has initiated a reform process.
That process intends a consultative and mentoring role with industry
and not the adversarial role we are all too familiar with.
If CASA can accord industry the professional respect it mostly deserves,
then industry will start to accord CASA the professional respect it needs to get on with it's job.
BB espouses informal visits, a cup of tea and a chat. So does the new AM Townsville.
Many in CASA are opposed to such informal nonsense
and recognise that it will severly impact their role in issuing multiplke RCA's, to hell with the industry,
these people were either failures in it,
or from an ADF background that is culturally opposed to other than enforcing and dictating.
Some former ADF personnel have made the cultural leap back into civil life, others miss the power trip and wish to sustain it.
BB will reform CASA, or will become another failure himself.
Lets get behind this ray of sunshine and sustain it.
Given that BB has signalled his intent of reform, and has demonstrated this by judicial sackings,
you can all help him by going to the CASA Website, Complaints and Compliments page and lodge factual complaints.
Nicola Hinder has undertaken to respond promptly to all.
If you have had a positive experience with CASA, then that should also be made known.
BB has initiated a reform process.
That process intends a consultative and mentoring role with industry
and not the adversarial role we are all too familiar with.
If CASA can accord industry the professional respect it mostly deserves,
then industry will start to accord CASA the professional respect it needs to get on with it's job.
BB espouses informal visits, a cup of tea and a chat. So does the new AM Townsville.
Many in CASA are opposed to such informal nonsense
and recognise that it will severly impact their role in issuing multiplke RCA's, to hell with the industry,
these people were either failures in it,
or from an ADF background that is culturally opposed to other than enforcing and dictating.
Some former ADF personnel have made the cultural leap back into civil life, others miss the power trip and wish to sustain it.
BB will reform CASA, or will become another failure himself.
Lets get behind this ray of sunshine and sustain it.
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FAR Cu
There are at least three, possibly four "Napoleans" in Townsville.
Three have been in PNG.
Two appear to be on the outer edge, two appear to be in the inner circle.
Does "Yes My Illustrious Leader" help you. one of the four is a known sycophant.
Keep guessing, the truth is out there.
There are at least three, possibly four "Napoleans" in Townsville.
Three have been in PNG.
Two appear to be on the outer edge, two appear to be in the inner circle.
Does "Yes My Illustrious Leader" help you. one of the four is a known sycophant.
Keep guessing, the truth is out there.
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Farcu,
Not sure about the pilot recruitment scheme, but the one to whom I refer used to fly 1900s for MBA (now Airlines of PNG).
A: the favourite rum is a culprit, not the ring leader.
Not sure about the pilot recruitment scheme, but the one to whom I refer used to fly 1900s for MBA (now Airlines of PNG).
A: the favourite rum is a culprit, not the ring leader.
The following article from Australian Flying by Paul Phelan is indicative of the modus operandi of certain CASA FNQ staff and their Canberra compatriots:
Case to Answer?
By Paul Phelan
“CASA will do all it can to ensure that a person whose licence, certificate or authority is suspended or cancelled has ready access to full external merits review in the AAT. Once before the AA T, CASA will conduct itself as a model litigant" CASA, in a document entitled: "A new approach to enforcement". March, 1989.
"Anyone other than Dick Smith who joins CASA, becomes “infallible." DICK SMITH, August 1998.
"That's the way the system works. They think: "We are powerful and we are totally unaccountable." DICK SMITH, August 1998.
When he made those comments, Dick Smith had already found the battle against authoritarian, intransigent and what he has sometimes called `incompetent' bureaucracy, tougher going than he had expected. Recent events in the Torres Strait show how much further there is to go. This incident is not the first in which CASA has used its administrative procedures to create a situation in which an operator has faced impossible financial burdens, while totally sidestepping the accountability Smith has fought for.
The fatal crash of another Britten-Norman Islander in April 1996 resulted in the immediate suspension of another AOC and forced that operator out of business. The final BASI finding was not one which supported that outcome. Anyone contemplating investment or a career in aviation, should read this and study its implications. There's still hope for the industry, but a lot of things have to be fixed first, and the industry is wondering whether the right people and motivations are in place to fix them.
Many of these documents would never have surfaced, had an operator not dug its heels in and fought for their release. Uzu's friends, as well as many of its commercial rivals, are united in the belief that these events represent an ongoing threat to the orderly conduct of aviation, and ultimately a negative impact on air safety. They also believe that CASA has developed a tactic to subvert the Administrative Appeals Tribunal process, by cynically sheltering behind Section 9 of the Civil Aviation Act.
A CASA public relations officer recently told Australian Flying, when we queried the fairness of the procedure which an administrative decision of one individual can put a company out of business: "Well, that's the decision we have made. If (the victim) doesn't like it, he can appeal to the AAT, can't he?”
When this went to press, another victim of this affair, the L.A.M.E licence of the chief engineer of Uzu's engineering company, had been cancelled. That engineer, one of the best-respected in the industry, simply cannot afford the process, especially if the AAT is likely to accept a bald CASA statement it is acting within its `safety responsibility.’
Jul 96 to Dec 98:
Uzu Air's general manager wrote 13 letters to CASA and its predecessors, seeking clarification of the anomalies surrounding the carriage of individual paying passengers at fixed fares on subsidised remote area mail service flights. None were answered, and a CASA officer later told Uzu: "Officially they don't exist."
14 Aug 96:
A CASA safety systems assessment profile report on the company then employing Uzu's general manager noted: "The company management has spent a considerable time trying to clarify the status of its Australia Post mail services, which appear to have been in non-compliance since the repeal of CAR 203. ... CASA must address the operation of vital rural mail services to remote communities and draft appropriate legislation to allow their continued operation. ... [the company] endeavour to conduct their operation in accordance with regulatory requirements. However they feel frustrated by the lack of appropriate legislation and CASA's reluctance or inability to allow regular passenger/mail services into non-surveyed landing strips or operation of single-engine IFR aircraft on such services."
4-6 Nov 97:
A periodic inspection is conducted by an FOI from Cairns District. The officer's report, subsequently obtained only at the direction of the Administrative Appeals Tribunal, says: "20 NCNs in total!" (exclamation mark as in the report.) The report added that: "This is no longer a compliant operator."
17-20 Nov 97:
Uzu is visited by an unannounced team headed by the Manager, Safety Audits, Southeast Region.
The four-man team conduct a four-day audit over 52 man-hours, which results in the issue of four NCNs. Three of these detailed minor errors in maintenance documentation, and one questioned dangerous goods acceptance procedures. The report concluded: "Uzu Air are considered not to be an unsafe operator."
1-4 Dec 97:
At the direction of CASA's Canberra office, two investigators and one Cairns FOI conduct an investigation with the following terms of reference: "Determine the extent of operations in the Torres Strait region which are being conducted for fare paying passengers that fall into the definition of RPT and which are currently being conducted as charter." The TOR directed that: "The differentiation between RPT and charter that is to be used for this investigation shall be drawn from the "draft" paper prepared by (a CASA lawyer) as attached."
The draft opinion, later obtained by Uzu, attempted to define the five elements which must exist to constitute RPT. However it provided no definitions of two of the critical elements: "Specific route" and "fixed terminal".
The investigators had thus been instructed to investigate whether operators were in breach not of a regulation or rule, but of a draft opinion, which failed to provide critical definitions.
7 Jan 99:
CASA issues a notification of proposed action to suspend or cancel the AOCs of four operators including Uzu. The notification summarised the reasons CASA believed the companies were undertaking unauthorised RPT flights, contrary to the Civil Aviation Act.
Uzu's notification also resurrected a number of NCNs issued over the previous two years, all of which had previously been acquitted.
16 Jan 99:
Uzu Air's Britten Norman Islander is involved in a fatal accident at Coconut Island. (refer http://www.atsb.gov.au/aviation/occu...ail.cfm?ID=171 )
17 Jan 99:
An "Immediate Safety Report", outlines the few known circumstances of the accident, and states under recommended action: "DFOM (District Flying Operations Manager) to now recommend 28 day suspension of AOC." The report, faxed to Canberra at 10.55 am, on that day (a Sunday), does not state any reason for the recommendation.
(CASA now claims: "This recommendation was made on the advice of BASI who clearly indicated that the left hand engine was not developing significant power at the time of impact, a view they still hold." BASI says this is untrue.)
19 Jan 99:
BASI, insurer and operator representatives fly to accident site. In a faxed message, CASA suspends Uzu Air's AOC for 28 days, with effect from 2359 that night.
20 Jan 99:
Uzu files a notice of application for review of the CASA decision to suspend its AOC, claiming that the Authority had acted ultra vires (outside its legislated authority); breached rules of procedural fairness and natural justice; failed to provide adequate reasons for the decision; misapplied administrative principles, and "failed to correctly interpret and apply the law".
22 Jan 99:
Uzu lodges a detailed 127-page response to CASA's notice of the show cause.
The response was never acknowledged. At the same time, the operator attends the first hearing on the matter in the Administrative Appeals Tribunal, (AAT) seeking a stay of its AOC suspension. CASA is successful in having the stay denied. CASA's use in such stay proceedings of Section 9A of the Civil Aviation Act, appears to question the ability of any operator to gain a stay. (Look it up!). The operator believes the AAT's effectiveness in reviewing administrative processes may be neutered by this tactic. Uzu would have to wait for the 28 day suspension to expire, before being able to proceed to a substantive hearing. Uzu seeks an order from the AAT to require CASA to produce specified documents such as CASA Audit Reports, related to its decision. The AAT refuses to issue a stay order, instructs that the hearing is to be expedited, and orders CASA to provide the documents within one week or as soon thereafter as is possible. A telephone conference is then to be held to arrange the hearing. (The documents were made available about 10 days later. The 13 letters seeking clarification of RPT/charter status were not included in the documents.)
22 Jan 99:
BASI investigators recover engines from the Islander and return to Cairns. BASI holds meeting at CASA Cairns with CASA AWI. BASI advises CASA the left engine did not appear to be developing power at impact and the fuel mixture control rod was found to be broken at the accident site, but advises the component will require metallurgical examination to determine cause and time of breakage.
26 Jan 99:
Uzu Air lodges a 40-page response to CASA's AOC suspension.
27 Jan 99:
BASI advises Uzu and CASA that laboratory analysis verifies the fuel mixture control rod failed "... due to overload as a result on impact forces".
2 Feb 99:
BASI strips down left engine at Archerfield. Following day, BASI advises all interested parties of the outcome of the engine strip down.
4 Feb 99:
CASA serves a Notice to Show Cause on Uzu Air's associated company, Tamco Engineering, and asserts that BASI investigations "resulted in a finding of a disconnected mixture control rod on the left engine, which was not delivering power prior to time of aircraft impact, and was considered by these BASI Investigators to be a contributing factor to the loss of control of the aircraft prior to that impact. The subject mixture control was found to have suffered failure which exhibited severe corrosion of the mixture control ball end connection."
BASI Investigator verbally denies the assertions were ever made and advises BASI was lodging a protest with CASA regarding the allegations.
8 Feb 99:
Uzu Air holds an informal conference in Cairns with the CASA regional manager, the acting DFOM, and the assigned FOI. Uzu made a proposal that it implement check and training and Class A aircraft maintenance, immediately upon reinstatement of the AOC. The company believed this met with CASA approval. (CASA now says: "CASA\'s requirement is that UZU has a class A maintenance system and appropriate training and checking in place prior to the reissue of the AOC." That is not the recollection of, the Uzu representatives. (Torres note: It is not possible to have a CASA approved Training & Checking system and approved System of Maintenance in a suspended AOC, which CASA was aware of!)
12 Feb 99:
Deputy Director, BASI, faxes BASI Preliminary Report to Uzu Air. Also faxes Preliminary Report to General Manager, Aviation Safety Branch, CASA, Canberra. Also telephoned CASA Canberra to confirm CASA\'s receipt of the Report. The report stated inter alia: "Examination of the left engine, while still in the wreckage at the accident site, revealed the linkage between the mixture control cable on the carburettor had failed. Subsequent metallurgical examination of these components confirmed that failure was due to overload as a result of impact forces, and that it had not contributed to the accident."
15 Feb 99:
CASA suspends Uzu Air\'s AOC for a further 28 days and asserts inter alia: "The Bureau of Air Safety Investigation (BASI) has been investigating the crash but has not published a preliminary or final report on its causes."
17 Feb 99:
The Cairns Post newspaper publishes an article headed "Crash report rocks CASA," (by this writer) detailing the conflict between CASA\'s allegations and those of the preliminary BASI report. A fax letter is received on the same morning from Assistant Director, CASA, Canberra, saying: "I have now been made aware of the content of a preliminary report of the accident by BASI. Please note that neither the crash itself, nor the possible causes of the crash, were the, or a decisive consideration in my decision to suspend your AOC. I would have suspended your AOC even if I had been aware of the content of the BASI preliminary report." The Assistant Director did not reveal his reasons for this assertion at that time.
18 Feb 99:
An AAT-directed teleconference is scheduled for 1700, between Uzu counsel, the AAT registrar, and CASA\'s office of legal counsel, to determine the process of an AAT hearing on the second suspension, and to enable Uzu\'s counsel to advise CASA of the witnesses Uzu required to examine. Uzu counsel and the AAT were connected. CASA\'s phone rings out without answering.
19 Feb 99:
CASA office of legal counsel telephones Uzu to advise they had confused the day, thinking the teleconference was set for the following day. Uzu\'s lawyers indicate that there was no utility in having a telephone conference for a hearing in relation to the first suspension (which is what the telephone conference on 18 February was intended to do) because a second suspension had been issued. Uzu\'s lawyers indicated that Uzu would now be applying to the AAT for a stay of the second suspension for hearing in the following week.
On the same day Uzu Air provides CASA with a detailed 50-page response to the further 28 day suspension of its AOC, detailing the foregoing events and again raising the question of RPT versus charter.
24 Feb 99:
Uzu\'s lawyers request the AAT issue three subpoenas to involved CASA staff members to attend the hearing the following day. AAT declines due to inadequate time.
25 Feb 99:
At a cost of about $10,000, Uzu attend AAT Sydney at 0915. At 0930, AAT Vice President\'s associates advise that CASA will not be attending, due to commitments in Brisbane, but CASA will not object to a telephone hearing. (CASA claims it had earlier advised Uzu and the AAT it would be unable to attend but would not object to a telephone hearing.)
However CASA\'s counsel objects to any evidence being tendered or any witnesses being called, "on the basis that it is inappropriate for oral evidence to be given at a stay hearing.” Deputy President Chappell rules that oral evidence was not appropriate for that reason.
Uzu, which has now not earned any revenue for 36 days, is therefore again denied an opportunity to confront its accusers, some of whom are on "stress leave", a luxury unavailable to Uzu\'s general manager or his staff, some of whom have been stood down. CASA however successfully objects to the lifting of the suspension on the grounds of "Air Safety," relying on Section 9 of the Civil Aviation Act.
2 Mar 99:
Meeting in Canberra attended by Uzu\'s chief pilot, an Uzu consultant, CASA\'s General Manager, Aviation Operations and CASA\'s public affairs manager. Uzu was told that CASA wouldn\'t extend the suspension, but would either lift it, or let it run its course until 16 Mar. The company was also told that CASA would not renew the suspension or cancel the AOC. No explanation was offered as to why, having made that decision, CASA would not lift the suspension immediately.
It was agreed that draft checking and training and maintenance procedures were required and had been submitted, and that checking and training and progressive maintenance would be progressively incorporated.
5 Mar 99:
AAT teleconference between CASA office of legal counsel, Uzu is advised that the relevant DFOM was reviewing the material on Uzu and had indicated that he would not recommend a cancellation. He indicated that he would consider a recommendation to lift the suspension, but only after reviewing the remainder of the material and speaking with airworthiness officers with respect to manuals. He advised that he would attempt to do so by 10 March at the earliest and 12 March at the latest. He also advised even if such a recommendation was made, it was just that. It would be ultimately a matter for the decision maker in Canberra to accept any recommendation.
8 Mar 99:
CASA acting DFOM Cairns advises he is satisfied with the draft manuals and will be making "unspecified recommendations" to CASA Canberra. Uzu\'s optimism is heightened.
9 Mar 99:
CASA publishes an amended CAO 82.3 and three blanket exemptions, authorising air charter operators in the Torres Straits to operate RPT without meeting the aerodrome, maintenance, or training and checking requirements for RPT until June 9.
CASA\'s comment: "While the check and training system might have been satisfactory in draft form, the district AW manager was not satisfied with the AW control mechanisms."
Uzu is thus denied access to the March 9 amendments to CAO 82.3, and to the exemptions granted to Torres Strait operators.
10 Mar 99:
AM - CASA shifts the goalposts again. While its competitors, who have been operating for the two months Uzu has been grounded, are still in the air and have 90 days to comply with RPT rules, Uzu is told it must comply BEFORE its AOC is restored.
PM - Uzu\'s solicitor contacts CASA office of legal counsel and is told the manuals the company has submitted are only DRAFT and that Uzu has not nominated a maintenance controller or check and training captain.
Australian Flying faxes a draft of this chronology to CASA with an invitation to review it for accuracy.
11 Mar 99:
CASA phones and indicates that a response, detailing some "errors and omissions" will be faxed "tomorrow." Australian Flying admits that because of space limitations it has omitted considerable material, much of it damaging to CASA. (Information provided in CASA\'s response is incorporated in this narrative.)
12 Mar 99:
The CASA response does not arrive. Or maybe, obliquely, it does. A faxed message from CASA to Uzu suspends the AOC for a third period, "pending an investigation by CASA into your company\'s operations, and the risk to the safety of air navigation in allowing the AOC to continue in force... The reasons for this decision and the facts and circumstances on which I rely are set out below." The letter details thirty-eight points as "facts and circumstances.”
15 Mar 99:
A fax to the Hon. Warren Entsch, Member for Leichhardt, in response to a phone call to CASA from Mr. Entsch, says that for UZU to have its AOC reinstated, it must comply with three requirements - training and checking, Class A maintenance, and an approved maintenance controller, which UZU has already addressed.
24 Mar 99:
In a pre-hearing teleconference between Uzu, CASA and the AAT, the Tribunal indicates that it expects CASA to restore the AOC by close of business on Mar 26, provided the three CASA conditions are met (which UZU insists they already are).
In anticipation of a full AAT hearing the following week, UZU has already applied for summonses requiring CASA personnel to be present at the hearing. This means they will almost certainly be called upon to give evidence and to face cross-examination.
26 Mar 99:
The AAT official indicates that she will be in her office for a further half hour after close of business, and that if the AOC is not restored by that time she will arrange a "substantive" hearing on Monday 29.
Late on Friday afternoon, CASA blinks. In a faxed message UZU is advised its charter AOC is restored "subject to the company implementing Class A maintenance” and check and training - a unique requirement, but at least the company is back in business.
General aviation is not one big happy family; but other operators watched the process with keen interest, and even UZU\'s commercial rivals were horrified at its implications for the rest of the industry. CASA sources now acknowledge: "the matter could have been better handled".
(Torres note: Within days of the lifting of the AOC suspension, Uzu Air submitted all documentation for the issue of a Remote Area RPT AOC. The issue of the AOC was stalled some weeks by CASA, Canberra (whilst they reviewed an application for a similar AOC by one of Uzu Air’s competitors), however Uzu Air still received the second such AOC in Australia.)
Case to Answer?
By Paul Phelan
“CASA will do all it can to ensure that a person whose licence, certificate or authority is suspended or cancelled has ready access to full external merits review in the AAT. Once before the AA T, CASA will conduct itself as a model litigant" CASA, in a document entitled: "A new approach to enforcement". March, 1989.
"Anyone other than Dick Smith who joins CASA, becomes “infallible." DICK SMITH, August 1998.
"That's the way the system works. They think: "We are powerful and we are totally unaccountable." DICK SMITH, August 1998.
When he made those comments, Dick Smith had already found the battle against authoritarian, intransigent and what he has sometimes called `incompetent' bureaucracy, tougher going than he had expected. Recent events in the Torres Strait show how much further there is to go. This incident is not the first in which CASA has used its administrative procedures to create a situation in which an operator has faced impossible financial burdens, while totally sidestepping the accountability Smith has fought for.
The fatal crash of another Britten-Norman Islander in April 1996 resulted in the immediate suspension of another AOC and forced that operator out of business. The final BASI finding was not one which supported that outcome. Anyone contemplating investment or a career in aviation, should read this and study its implications. There's still hope for the industry, but a lot of things have to be fixed first, and the industry is wondering whether the right people and motivations are in place to fix them.
Many of these documents would never have surfaced, had an operator not dug its heels in and fought for their release. Uzu's friends, as well as many of its commercial rivals, are united in the belief that these events represent an ongoing threat to the orderly conduct of aviation, and ultimately a negative impact on air safety. They also believe that CASA has developed a tactic to subvert the Administrative Appeals Tribunal process, by cynically sheltering behind Section 9 of the Civil Aviation Act.
A CASA public relations officer recently told Australian Flying, when we queried the fairness of the procedure which an administrative decision of one individual can put a company out of business: "Well, that's the decision we have made. If (the victim) doesn't like it, he can appeal to the AAT, can't he?”
When this went to press, another victim of this affair, the L.A.M.E licence of the chief engineer of Uzu's engineering company, had been cancelled. That engineer, one of the best-respected in the industry, simply cannot afford the process, especially if the AAT is likely to accept a bald CASA statement it is acting within its `safety responsibility.’
Jul 96 to Dec 98:
Uzu Air's general manager wrote 13 letters to CASA and its predecessors, seeking clarification of the anomalies surrounding the carriage of individual paying passengers at fixed fares on subsidised remote area mail service flights. None were answered, and a CASA officer later told Uzu: "Officially they don't exist."
14 Aug 96:
A CASA safety systems assessment profile report on the company then employing Uzu's general manager noted: "The company management has spent a considerable time trying to clarify the status of its Australia Post mail services, which appear to have been in non-compliance since the repeal of CAR 203. ... CASA must address the operation of vital rural mail services to remote communities and draft appropriate legislation to allow their continued operation. ... [the company] endeavour to conduct their operation in accordance with regulatory requirements. However they feel frustrated by the lack of appropriate legislation and CASA's reluctance or inability to allow regular passenger/mail services into non-surveyed landing strips or operation of single-engine IFR aircraft on such services."
4-6 Nov 97:
A periodic inspection is conducted by an FOI from Cairns District. The officer's report, subsequently obtained only at the direction of the Administrative Appeals Tribunal, says: "20 NCNs in total!" (exclamation mark as in the report.) The report added that: "This is no longer a compliant operator."
17-20 Nov 97:
Uzu is visited by an unannounced team headed by the Manager, Safety Audits, Southeast Region.
The four-man team conduct a four-day audit over 52 man-hours, which results in the issue of four NCNs. Three of these detailed minor errors in maintenance documentation, and one questioned dangerous goods acceptance procedures. The report concluded: "Uzu Air are considered not to be an unsafe operator."
1-4 Dec 97:
At the direction of CASA's Canberra office, two investigators and one Cairns FOI conduct an investigation with the following terms of reference: "Determine the extent of operations in the Torres Strait region which are being conducted for fare paying passengers that fall into the definition of RPT and which are currently being conducted as charter." The TOR directed that: "The differentiation between RPT and charter that is to be used for this investigation shall be drawn from the "draft" paper prepared by (a CASA lawyer) as attached."
The draft opinion, later obtained by Uzu, attempted to define the five elements which must exist to constitute RPT. However it provided no definitions of two of the critical elements: "Specific route" and "fixed terminal".
The investigators had thus been instructed to investigate whether operators were in breach not of a regulation or rule, but of a draft opinion, which failed to provide critical definitions.
7 Jan 99:
CASA issues a notification of proposed action to suspend or cancel the AOCs of four operators including Uzu. The notification summarised the reasons CASA believed the companies were undertaking unauthorised RPT flights, contrary to the Civil Aviation Act.
Uzu's notification also resurrected a number of NCNs issued over the previous two years, all of which had previously been acquitted.
16 Jan 99:
Uzu Air's Britten Norman Islander is involved in a fatal accident at Coconut Island. (refer http://www.atsb.gov.au/aviation/occu...ail.cfm?ID=171 )
17 Jan 99:
An "Immediate Safety Report", outlines the few known circumstances of the accident, and states under recommended action: "DFOM (District Flying Operations Manager) to now recommend 28 day suspension of AOC." The report, faxed to Canberra at 10.55 am, on that day (a Sunday), does not state any reason for the recommendation.
(CASA now claims: "This recommendation was made on the advice of BASI who clearly indicated that the left hand engine was not developing significant power at the time of impact, a view they still hold." BASI says this is untrue.)
19 Jan 99:
BASI, insurer and operator representatives fly to accident site. In a faxed message, CASA suspends Uzu Air's AOC for 28 days, with effect from 2359 that night.
20 Jan 99:
Uzu files a notice of application for review of the CASA decision to suspend its AOC, claiming that the Authority had acted ultra vires (outside its legislated authority); breached rules of procedural fairness and natural justice; failed to provide adequate reasons for the decision; misapplied administrative principles, and "failed to correctly interpret and apply the law".
22 Jan 99:
Uzu lodges a detailed 127-page response to CASA's notice of the show cause.
The response was never acknowledged. At the same time, the operator attends the first hearing on the matter in the Administrative Appeals Tribunal, (AAT) seeking a stay of its AOC suspension. CASA is successful in having the stay denied. CASA's use in such stay proceedings of Section 9A of the Civil Aviation Act, appears to question the ability of any operator to gain a stay. (Look it up!). The operator believes the AAT's effectiveness in reviewing administrative processes may be neutered by this tactic. Uzu would have to wait for the 28 day suspension to expire, before being able to proceed to a substantive hearing. Uzu seeks an order from the AAT to require CASA to produce specified documents such as CASA Audit Reports, related to its decision. The AAT refuses to issue a stay order, instructs that the hearing is to be expedited, and orders CASA to provide the documents within one week or as soon thereafter as is possible. A telephone conference is then to be held to arrange the hearing. (The documents were made available about 10 days later. The 13 letters seeking clarification of RPT/charter status were not included in the documents.)
22 Jan 99:
BASI investigators recover engines from the Islander and return to Cairns. BASI holds meeting at CASA Cairns with CASA AWI. BASI advises CASA the left engine did not appear to be developing power at impact and the fuel mixture control rod was found to be broken at the accident site, but advises the component will require metallurgical examination to determine cause and time of breakage.
26 Jan 99:
Uzu Air lodges a 40-page response to CASA's AOC suspension.
27 Jan 99:
BASI advises Uzu and CASA that laboratory analysis verifies the fuel mixture control rod failed "... due to overload as a result on impact forces".
2 Feb 99:
BASI strips down left engine at Archerfield. Following day, BASI advises all interested parties of the outcome of the engine strip down.
4 Feb 99:
CASA serves a Notice to Show Cause on Uzu Air's associated company, Tamco Engineering, and asserts that BASI investigations "resulted in a finding of a disconnected mixture control rod on the left engine, which was not delivering power prior to time of aircraft impact, and was considered by these BASI Investigators to be a contributing factor to the loss of control of the aircraft prior to that impact. The subject mixture control was found to have suffered failure which exhibited severe corrosion of the mixture control ball end connection."
BASI Investigator verbally denies the assertions were ever made and advises BASI was lodging a protest with CASA regarding the allegations.
8 Feb 99:
Uzu Air holds an informal conference in Cairns with the CASA regional manager, the acting DFOM, and the assigned FOI. Uzu made a proposal that it implement check and training and Class A aircraft maintenance, immediately upon reinstatement of the AOC. The company believed this met with CASA approval. (CASA now says: "CASA\'s requirement is that UZU has a class A maintenance system and appropriate training and checking in place prior to the reissue of the AOC." That is not the recollection of, the Uzu representatives. (Torres note: It is not possible to have a CASA approved Training & Checking system and approved System of Maintenance in a suspended AOC, which CASA was aware of!)
12 Feb 99:
Deputy Director, BASI, faxes BASI Preliminary Report to Uzu Air. Also faxes Preliminary Report to General Manager, Aviation Safety Branch, CASA, Canberra. Also telephoned CASA Canberra to confirm CASA\'s receipt of the Report. The report stated inter alia: "Examination of the left engine, while still in the wreckage at the accident site, revealed the linkage between the mixture control cable on the carburettor had failed. Subsequent metallurgical examination of these components confirmed that failure was due to overload as a result of impact forces, and that it had not contributed to the accident."
15 Feb 99:
CASA suspends Uzu Air\'s AOC for a further 28 days and asserts inter alia: "The Bureau of Air Safety Investigation (BASI) has been investigating the crash but has not published a preliminary or final report on its causes."
17 Feb 99:
The Cairns Post newspaper publishes an article headed "Crash report rocks CASA," (by this writer) detailing the conflict between CASA\'s allegations and those of the preliminary BASI report. A fax letter is received on the same morning from Assistant Director, CASA, Canberra, saying: "I have now been made aware of the content of a preliminary report of the accident by BASI. Please note that neither the crash itself, nor the possible causes of the crash, were the, or a decisive consideration in my decision to suspend your AOC. I would have suspended your AOC even if I had been aware of the content of the BASI preliminary report." The Assistant Director did not reveal his reasons for this assertion at that time.
18 Feb 99:
An AAT-directed teleconference is scheduled for 1700, between Uzu counsel, the AAT registrar, and CASA\'s office of legal counsel, to determine the process of an AAT hearing on the second suspension, and to enable Uzu\'s counsel to advise CASA of the witnesses Uzu required to examine. Uzu counsel and the AAT were connected. CASA\'s phone rings out without answering.
19 Feb 99:
CASA office of legal counsel telephones Uzu to advise they had confused the day, thinking the teleconference was set for the following day. Uzu\'s lawyers indicate that there was no utility in having a telephone conference for a hearing in relation to the first suspension (which is what the telephone conference on 18 February was intended to do) because a second suspension had been issued. Uzu\'s lawyers indicated that Uzu would now be applying to the AAT for a stay of the second suspension for hearing in the following week.
On the same day Uzu Air provides CASA with a detailed 50-page response to the further 28 day suspension of its AOC, detailing the foregoing events and again raising the question of RPT versus charter.
24 Feb 99:
Uzu\'s lawyers request the AAT issue three subpoenas to involved CASA staff members to attend the hearing the following day. AAT declines due to inadequate time.
25 Feb 99:
At a cost of about $10,000, Uzu attend AAT Sydney at 0915. At 0930, AAT Vice President\'s associates advise that CASA will not be attending, due to commitments in Brisbane, but CASA will not object to a telephone hearing. (CASA claims it had earlier advised Uzu and the AAT it would be unable to attend but would not object to a telephone hearing.)
However CASA\'s counsel objects to any evidence being tendered or any witnesses being called, "on the basis that it is inappropriate for oral evidence to be given at a stay hearing.” Deputy President Chappell rules that oral evidence was not appropriate for that reason.
Uzu, which has now not earned any revenue for 36 days, is therefore again denied an opportunity to confront its accusers, some of whom are on "stress leave", a luxury unavailable to Uzu\'s general manager or his staff, some of whom have been stood down. CASA however successfully objects to the lifting of the suspension on the grounds of "Air Safety," relying on Section 9 of the Civil Aviation Act.
2 Mar 99:
Meeting in Canberra attended by Uzu\'s chief pilot, an Uzu consultant, CASA\'s General Manager, Aviation Operations and CASA\'s public affairs manager. Uzu was told that CASA wouldn\'t extend the suspension, but would either lift it, or let it run its course until 16 Mar. The company was also told that CASA would not renew the suspension or cancel the AOC. No explanation was offered as to why, having made that decision, CASA would not lift the suspension immediately.
It was agreed that draft checking and training and maintenance procedures were required and had been submitted, and that checking and training and progressive maintenance would be progressively incorporated.
5 Mar 99:
AAT teleconference between CASA office of legal counsel, Uzu is advised that the relevant DFOM was reviewing the material on Uzu and had indicated that he would not recommend a cancellation. He indicated that he would consider a recommendation to lift the suspension, but only after reviewing the remainder of the material and speaking with airworthiness officers with respect to manuals. He advised that he would attempt to do so by 10 March at the earliest and 12 March at the latest. He also advised even if such a recommendation was made, it was just that. It would be ultimately a matter for the decision maker in Canberra to accept any recommendation.
8 Mar 99:
CASA acting DFOM Cairns advises he is satisfied with the draft manuals and will be making "unspecified recommendations" to CASA Canberra. Uzu\'s optimism is heightened.
9 Mar 99:
CASA publishes an amended CAO 82.3 and three blanket exemptions, authorising air charter operators in the Torres Straits to operate RPT without meeting the aerodrome, maintenance, or training and checking requirements for RPT until June 9.
CASA\'s comment: "While the check and training system might have been satisfactory in draft form, the district AW manager was not satisfied with the AW control mechanisms."
Uzu is thus denied access to the March 9 amendments to CAO 82.3, and to the exemptions granted to Torres Strait operators.
10 Mar 99:
AM - CASA shifts the goalposts again. While its competitors, who have been operating for the two months Uzu has been grounded, are still in the air and have 90 days to comply with RPT rules, Uzu is told it must comply BEFORE its AOC is restored.
PM - Uzu\'s solicitor contacts CASA office of legal counsel and is told the manuals the company has submitted are only DRAFT and that Uzu has not nominated a maintenance controller or check and training captain.
Australian Flying faxes a draft of this chronology to CASA with an invitation to review it for accuracy.
11 Mar 99:
CASA phones and indicates that a response, detailing some "errors and omissions" will be faxed "tomorrow." Australian Flying admits that because of space limitations it has omitted considerable material, much of it damaging to CASA. (Information provided in CASA\'s response is incorporated in this narrative.)
12 Mar 99:
The CASA response does not arrive. Or maybe, obliquely, it does. A faxed message from CASA to Uzu suspends the AOC for a third period, "pending an investigation by CASA into your company\'s operations, and the risk to the safety of air navigation in allowing the AOC to continue in force... The reasons for this decision and the facts and circumstances on which I rely are set out below." The letter details thirty-eight points as "facts and circumstances.”
15 Mar 99:
A fax to the Hon. Warren Entsch, Member for Leichhardt, in response to a phone call to CASA from Mr. Entsch, says that for UZU to have its AOC reinstated, it must comply with three requirements - training and checking, Class A maintenance, and an approved maintenance controller, which UZU has already addressed.
24 Mar 99:
In a pre-hearing teleconference between Uzu, CASA and the AAT, the Tribunal indicates that it expects CASA to restore the AOC by close of business on Mar 26, provided the three CASA conditions are met (which UZU insists they already are).
In anticipation of a full AAT hearing the following week, UZU has already applied for summonses requiring CASA personnel to be present at the hearing. This means they will almost certainly be called upon to give evidence and to face cross-examination.
26 Mar 99:
The AAT official indicates that she will be in her office for a further half hour after close of business, and that if the AOC is not restored by that time she will arrange a "substantive" hearing on Monday 29.
Late on Friday afternoon, CASA blinks. In a faxed message UZU is advised its charter AOC is restored "subject to the company implementing Class A maintenance” and check and training - a unique requirement, but at least the company is back in business.
General aviation is not one big happy family; but other operators watched the process with keen interest, and even UZU\'s commercial rivals were horrified at its implications for the rest of the industry. CASA sources now acknowledge: "the matter could have been better handled".
(Torres note: Within days of the lifting of the AOC suspension, Uzu Air submitted all documentation for the issue of a Remote Area RPT AOC. The issue of the AOC was stalled some weeks by CASA, Canberra (whilst they reviewed an application for a similar AOC by one of Uzu Air’s competitors), however Uzu Air still received the second such AOC in Australia.)
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Interesting comment, CASA admits things could have beeen handled better.
They seem to have forgotten the past.
The recent vendettas sustained against a Mount Isa operator,
a Mackay operator and a Cairns operator seem to repeat the mistakes of the past.
Somehow these matters deserve the attention of a criminal court,
not the appeal process of the AAT.
Malfeascence is the minimum offence committed, repeatedly.
Expensive Barristers can overcome CASA misconduct in the AAT,
but compensation for the commercial harm done or legal costs do not emanate from the AAT.
That the miscreants can inflict millions (YES MILLIONS) of dollars in harm, and get away with it is a sad reflection on our Western Democracy.
The offenders must be brought to trial and gaoled if proven guilty.
There must be accountability and there must be compensation.
Uzu had millions of dollars harm done to them, as have other operators.
All on a whim of a protected and unaccountable bureacrat
Lets all hope that frustration does not eventually see similar scenarios as do some Family Court matters.
Interesting comment, CASA admits things could have beeen handled better.
They seem to have forgotten the past.
The recent vendettas sustained against a Mount Isa operator,
a Mackay operator and a Cairns operator seem to repeat the mistakes of the past.
Somehow these matters deserve the attention of a criminal court,
not the appeal process of the AAT.
Malfeascence is the minimum offence committed, repeatedly.
Expensive Barristers can overcome CASA misconduct in the AAT,
but compensation for the commercial harm done or legal costs do not emanate from the AAT.
That the miscreants can inflict millions (YES MILLIONS) of dollars in harm, and get away with it is a sad reflection on our Western Democracy.
The offenders must be brought to trial and gaoled if proven guilty.
There must be accountability and there must be compensation.
Uzu had millions of dollars harm done to them, as have other operators.
All on a whim of a protected and unaccountable bureacrat
Lets all hope that frustration does not eventually see similar scenarios as do some Family Court matters.