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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 15th Aug 2012, 21:31
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Alice in Blunderland

SVW – "In several of the cases the CDPP had recommended no action be taken as no case existed. A Model Litigant would think twice going against such advice, etc.

"look up the AAT act and look for Obligation to assist the tribunal and also provide ALL information used by the CASA decision maker allowing a level playing field", etc.
Sunny and the White rabbit have the truth of it. But in the real world there are a couple of issues which stand out :- the ignored CDPP decision and the poor defence.

Creamy will howl that CAR 269 is not a legal hidey hole for 'double jeopardy' but it is. CASA insist on 'criminal' everything; fine. Try a man for any crime ONCE, that's your lot. The Coppers (bless 'em) spend much time ensuring that the charges brought can be supported against determined defence, the CDPP sure of their prosecution ground, counters; and so it goes. Lets say our man gets off the hook, there is no way the CDPP can have a second bite of the cherry on 'the' charge. Not so for the CASA boys, round two happens in a Tribunal near you, despite CDPP advice that there is no case to answer. It's so very wrong.

Reading through some AAT and Court transcripts I notice how poorly the 'defence' are briefed by the client. There is no one to blame for this bar the sap in the dock; sure CASA will exploit the law, that's their lawyers job. If he didn't do that he'd be fired, but they do it very well indeed; and, particularly in the AAT utilise all the latitude allowed within that system. When it's your turn to sit in that hot kitchen be prepared and ensure your representative has all the facts, knows all the loop holes; and, is quite prepared to fight fire with fire.

Nope, not a job for Gentlemen, nor a game for those with sensitive skins or secrets to hide.

Selah

Last edited by Kharon; 15th Aug 2012 at 21:37.
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Old 15th Aug 2012, 21:48
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Stan, you are in effect saying:

The courts and tribunals are too stupid, lazy, indifferent or corrupt to spot and deal with atrocities committed by CASA

The Minister is too stupid, lazy, indifferent or corrupt to spot and deal with atrocities committed by CASA.

The Attorney-General and the Office of Legal Services Coordination are too stupid, lazy, indifferent or corrupt to spot and deal with atrocities committed by CASA.

The Commonwealth Ombudsman is too stupid, lazy, indifferent or corrupt to spot and deal with atrocities committed by CASA.

The executive of CASA is too stupid, lazy, indifferent or corrupt to discontinue committing, and to ensure its offices discontinue committing, atrocities in the name of CASA.

If all that’s true, you’re stuffed.
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Old 15th Aug 2012, 22:22
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Blinded by the light?

Probably closer to the mark, bewitched by voodoo, smothered in pony pooh, seared by smoke or bamboozled by mirrors.

Just like most honest everyday folk seduced by any half arsed form of lunatic fanatic dogma. FCOL some people believe in Chemtrails, Cargo cults, Satanism, some respond to Nigerian email offering a fortune, Snake oil can still be bought, daughters still get pregnant and the Easter Bunny sells winning lottery tickets. But, as they say; if the hat fits.

For examples see The Pickering Post.

Last edited by Kharon; 15th Aug 2012 at 22:24. Reason: Sorry Nanny - sometimes, just sometimes.
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Old 16th Aug 2012, 08:08
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CP. dont put words in my mouth!

CP. Don’t put words in my mouth, no matter how tempting your summary. First of all under the present system(s) we’re ALL STUFFED.

Taking your itemised remarks:
The Courts are indifferent and often corrupt, but then Corruption has changed its meaning now having been culturally adopted from the “top” down, as in most of the third world and increasingly in the rest. The courts can only judge on the material before them so why give [them] more than is good for them. No judge will ask for more as he relies on the probity of the protector of “safety”. On no! there we have those MLDs again. Why do I have to bring them up in present company?

Not having personally met with the Minister I can only go by his TV appearances. The Minister has a lot on his plate and is dependent on advice from his bureaucrats. If the lack of response to my correspondence is anything to go by that should answer that question.

Not having received any response to my correspondence with the A.G.s office I can only blame Australia Post or my internet provider? It couldn’t be the office of our first solicitor now could it? I note from the current OLCS website that only Gov agencies can apply on their forms. Naturally CASA will have looked after that especially since the previous Minister Vaile had so nicely asked them to resolve the matters.

Ombudsman – after 7 years of procrastination by CASA (unfortunate delays by OLC before they changed to LSD) the Ombudsman’s assistant provided a whole new definition of [his] task, suggesting that “we focus on the future”. In other words it went into the “too hard basket”

As to CASA, I don’t think its stupidity, but a blind almost religious faith, akin to your own, gathering from your stance in almost any discussion on this forum. The indifference could stem from the belief in job security and the corruption from the secure position(s) of “power” by flying the “safety” banner. Noting that you have been away (from CASA) for a decade (?) and still follow the company line, either your indoctrination is still working well, or did you happen to be the protagonist in the first place, that, as well as writing policy!

Your dissertation on R206 back in 98 was interesting, but shouldn't you have checked the validity (expiry) of it first. would have been the opportunity to adopt proper legislation to control those nasty commercial operators. But maybe that was why J. Anderson dropped all reference to "commercial" in the legislation. But then what does a Minister know when it comes to CASA.

Thanks for your interest. SW "Empty skies are safe skies"
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Old 16th Aug 2012, 08:51
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MLD, that remote possibility!!!!

CP. You should entertain the remote possibility that courts and tribunals know what they are doing, and government agencies and their legal representatives are aware of and take seriously their model litigant responsibilities.
Many of us have and look what happened. Unless off-course we are QF or J*

GUIDANCE NOTE NO 1
The Office of Legal Services Coordination (OLSC) provides Guidance Notes in order to assist Australian Government Departments and Agencies, and legal services providers (as applicable), to comply with the Legal Services Directions, procure legal services, and deal with legal issues in an efficient and effective manner.
OLSC welcomes feedback on this Guidance Note.
The Administrative Appeals Tribunal Act 1975: Obligation to assist the Tribunal
The obligation on the Commonwealth and its agencies to ‘use its best endeavours to assist the tribunal to make its decision’ is set out at paragraph 4 of Appendix B to the Directions, and forms part of the Model Litigant Obligation.
The obligation in the Directions to assist the tribunal echoes the addition of subsection 33(1AA) to the Administrative Appeals Tribunal Act 1975 in 2005, which requires Government decision-makers to use their best endeavours to assist the Tribunal to make its decision in relation to the proceeding.
The key point under both section 33(1AA) and the Legal Services Directions is that, rather than seeking to defend their original decision in the Tribunal, agencies need to focus on assisting the Tribunal to arrive at the correct or preferable decision.
What does this mean?

The ‘duty to assist’ recognises that there may be additional actions agencies can take in Tribunal proceedings to ensure the process runs smoothly and the right outcome is reached – and that agencies have a duty to take these actions.

This recognises the position of the Tribunal in reviewing the decision; that is, it considers the matter afresh ‘in the shoes’ of the original decision maker. This is in contrast to court litigation, which is adversarial and based on the review and defence of decisions.

Assisting the Tribunal to arrive at the correct or preferable decision may involve taking steps such as:

• making information easily available to the Tribunal
• avoiding delays
• presenting new material where relevant, and
• providing specialist evidence when it may assist.
This list is not intended to be exhaustive, but to provide an example of conduct that would fulfil this obligation. The content of the obligation may change in the circumstances of each proceeding.
The courts have also commented that the ‘duty to assist’ the tribunal extends to requiring the Commonwealth to furnish the Tribunal with all available evidence that is guidance on the expected standard of conduct for the Commonwealth and its agencies before courts and tribunals is set out in the remainder of Appendix B to the Directions
Perhaps CASA HAS been using its BEST endeavours and therein lies the limiting factor. In the Schutt case: "The AAT requires Government decision-makers to use their best endeavours to assist" - the decision maker, I. Ogilvy was strangely not available and the AAT assisted CASA by refusing to have him summoned. Maybe there is something in the corruption of Courts you mentioned in an earlier posting.

Incidentally the decision-maker wasn't authorised by the Enforcement Manual, but that is another story.

trusting the above helps you sort out some of your misgivings about (withheld) evidence. ref. lesson 101 Ethics in legal studies.

SW "empty skies are safe skies"
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Old 16th Aug 2012, 09:25
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As to CASA, I don’t think its stupidity, but a blind almost religious faith, akin to your own, gathering from your stance in almost any discussion on this forum. The indifference could stem from the belief in job security and the corruption from the secure position(s) of “power” by flying the “safety” banner. Noting that you have been away (from CASA) for a decade (?) and still follow the company line, either your indoctrination is still working well, or did you happen to be the protagonist in the first place, that, as well as writing policy!

Your dissertation on R206 back in 98 was interesting, but shouldn't you have checked the validity (expiry) of it first.
Errrrm…. Have you read my thread on the regulatory reform program? If you consider it to be supportive of CASA, that would explain a lot.

And I’ve never written a dissertation (or policy) about regulation 206 or any other regulation.

It's these kinds of misconceptions that contribute to your evident frustration.
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Old 16th Aug 2012, 10:21
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CP, I will buy the first round;

- then perhaps a way to help educate the 'alleged' sinners could be decided: in time, with due consideration and; with a clear understanding what is law, how it all works and how the system operates. Would probably be memorable night.

CP - I assume it will be suggested that the Polar outcome occurred because CASA failed to discharge its model litigant obligation and the Federal Court was too stupid, lazy, indifferent or corrupt to notice.
Creamy – No mate, with respect – (we seem to always be violently in agreement). Of course, at the Butson level of proceeding, CASA appears virginal, embarrassingly clean, pure, chaste and spotless. No quarrel. No argument; Butson 's 'team' clearly got the bull by the wrong end; and, in a purists debate, as usual you are 'technically' correct.

But, far and away from the 'black letter' (subjective, adversarial, prescriptive) law; the originating issues were somewhat 'puerile'. In fact, this was an eight year feast of legal bollicks; and, a one million dollar (Butson money) pissing competition, based on what could (should) have been settled over 'tea and biccy's. That' s where it should have started and finished. - Selah.

In short; Butson was correct until he (as a competant, qualified Chief pilot) challenged a half wit child of the establishment – all over – circle the wagons. I would; have and will continue protect my own; right or wrong (within reason).

It still remains; as fact, that the base arguments would not, nor could not withstand any 'fair dinkum', operationally based challenge. The FOI was, is and will always be wrong.

Well, here endeth the first lesson - the legal action is now history; and, as the Judge said –(paraphrased) - his counsel stuffed it; royally. Creamy wish you would get with the force, the dark side sux; honest, it does. If ever an industry needed wise council – it is this one, right now.

Allah Karrin.

Last edited by Kharon; 16th Aug 2012 at 11:25. Reason: Guiness is good for you - I wouldn't do the commercial. etc
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Old 16th Aug 2012, 10:33
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Too much legal pony pooh, time for some truth.

Why is it so hard for some to fathom that quite simply 'Governments are above the law'. Governments, which includes individual departments and its employees and Ministers and their long list of internal supporters are nothing short of entities that can make, break, rort, lie, distort, corrupt, twist, spend at will and do anything they want, anywhere at any time.

The ATO reigns supreme at this. No accountability and makes/changes the rules to suit itself. It has more power than any military section. Hell, in general, if you go bankrupt you don't have to repay a cent to anybody, accept of course the ATO. They are the only entity that you still have to repay your debt too, everybody else that you owe money to gets rogered...

The system is corrupt. Governments are corrupt, all of them. People who actually believe that governments are somewhat reasonable, upright or even hold a measure of dignity are fools or dreamers. They, governments, and their individual departments all stink of ****e up to the eyeballs. As for the CASA they do as they please if, when or how they wish too, anytime anywhere. Thats the nature of goverments and their departments. They do it because they can. Why not? Who could or would stop them? A few of us pruners? Hehehehe what a force we are indeed, NOT.

The only way to force change is if all the people stand up united and force through the changes they want. It's been done overseas in three days and less. Unfortunately though this is Australia, we will continue to bend over and grab our ankles as that is what Western Democracy stands for.
It is the Western way. My taxes last year were used to pay for Politicians shrimp cocktails, bonuses, first class airfares, overseas 'study trips', help fund Greece's bailout, buy Ruddy a potential seat on the UN, pissed away on pink bats and failed regulatory reform for aviation and giving illegal immigrants a free home and financial assistance, more than what my family and I receive..Oh and I forgot, Churches don't have to pay tax at all and can build up billion dollar empires because they 'pretend' to act in the name of god. All sanctioned by government of course.

So if you still feel the need to question 'why CASA does what it does and is allowed to get away with it' then it might time be to bury one's head back in the sand or drift back off to cloud cuckoo land!
IT WILL NEVER CHANGE!! However we can have some fun trying to change it!

And no, I haven't been drinking, yet, but I am about to have my first glass of red for the night, to celebrate 4 maginificent days off. My highlight over the next 4 days will be receiving delay messages, texts and begging from Executives to 'come in to work and help out'! I will enjoy ignoring those pony pooh requests and watching some of their precious revenue follow a path to Luggage Point.
So to my fellow aviators I raise my glass and toast you. To the government and it's tentacles I raise my white pimply ass towards you.

Last edited by gobbledock; 16th Aug 2012 at 10:47. Reason: Looking for a nice red to accompany some cracked lobster..
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Old 16th Aug 2012, 10:53
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In short; Butson was correct until he (as a competant, qualified Chief pilot) challenged a half wit child of the establishment – all over – circle the wagons. I would; have and will continue protect my own; right or wrong (within reason).
So on what matter of technical judgment did Mr Butson and the ‘half wit child of the establishment’ differ? On what basis do you presume to determine that Mr Butson was correct and the half wit child of the establishment was incorrect?

I’m guessing it will have been a case of the ignorant differing from the ignorant: someone running an aircraft on the basis of an OWT having an argument with an FOI who subscribes to a different OWT.

It’s a very shallow gene pool in aviation.

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Old 16th Aug 2012, 10:58
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Has Creampuff morphed into Flyingfiend????

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Old 16th Aug 2012, 11:01
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Jeez GD.

I oft' wonder why you hold back – I do. Why don't you just step on out an say exactly what's on you're mind.
Power to your mind, strength to your belief; and, Godspeed on your never failing mission for truth.

PAIN is real, on the map and active. PM will do the trick.. Big breath – just do it. Selah.
Duke Senior: Sweet are the uses of adversity,
Which, like the toad, ugly and venomous,
Wears yet a precious jewel in his head;
And this our life, exempt from public haunt,
Finds tongues in trees, books in the running brooks,
Sermons in stones, and good in every thing.
As you like it. Apologies to T28D (who may, just need some real race sailors).

Ok - Brass tacks: CP gird up your loins - no more Mister nice guy OK. I have tried -so game on. Goes like this, dah de dah, de dahdly de de dah. It can be easily proven that after the labotomy, the average FOI (stands for) is basically - ???

Last edited by Kharon; 16th Aug 2012 at 11:13. Reason: Is CP paid by the post or click ?- Jayzuss.
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Old 16th Aug 2012, 12:41
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Reason: Is CP paid by the post or click ?- Jayzuss.
Exactly "K", CP obviously hasn't been on the pointy end of the prick, all power to PAIN and some to VOCAA too!

Robert Kennedy: I believe that in this generation those with the courage to enter the conflict will find themselves with companions in every corner of the world
So get with the program GD (and maybe CP), we can bicker and bitch all we like on pprune however it will not (on its own) effect a change.

Come on you know it's wrong! There are fellow aviators and operators that are being severely pineappled in the false name of SAFETY!
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Old 16th Aug 2012, 12:49
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There are fellow aviators and operators that are being severely pineappled in the false name of SAFETY!
Really? Here, in Australia? Wow. Now who would have thought??

My local FOI!!

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Old 16th Aug 2012, 13:31
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A trip down pony pooh lane for the kiddies

Aagh yes how things have changed. For the better??

The more amusing stuff (to me at least) I have bolded.

http://www.pprune.org/dg-p-reporting...casa-boss.html

30 October 2003
A132/2003

New CEO for Civil Aviation Safety Authority

International aviation safety management specialist, BruceByron AM, has been appointed as the new Chief Executive Officer and Director of Aviation Safety for the Civil Aviation Safety Authority (CASA).

Announcing the decision, the Deputy Prime Minister and Federal Minister for Transport and Regional Services, John Anderson, said Mr Byron would bring a wealth of experience to the challenging role of CEO of CASA.

“Mr Byron is highly regarded throughout the aviation sector for his vision and commitment to safe skies,” Mr Anderson said. “He has made significant contributions to the development of Australian aviation in military, government and industry roles.”

Mr Byron is a qualified pilot, instructor and examiner. He has been an aviation trainer, commanded the RAAF Central Flying School, worked with the former Bureau of Air Safety Investigation and was a flight examiner with the former Department of Aviation. In industry roles he has supervised resource company jet operations, managed the operations of a large Australian airline and developed safety management systems for three airlines. He is currently the Chairman of the Aviation Safety Forum, an industry group providing strategic advice to CASA.

“I believe Mr Byron will drive the Government’s aviation reform agenda forward, lead CASA’s change and progress, and ensure Australia’s aviation safety regulator is world class.”

The Civil Aviation Amendment Act 2003, recently passed through
Parliament, is a key feature of the Government’s reform agenda. The Act provides for:

the abolition of the CASA Board
and appointment of a new CEO and

Director of Aviation Safety;
a greater role for the Minister in setting policy directions and performance standards for CASA; and
the Minister to establish consultation machinery for industry and
stakeholders.

As Director of Aviation Safety, Mr Byron
will retain independence in his responsibility for managing CASA’s regulatory
function.



Mr Byron will take up his appointment as CEO on 1 December 2003. This will allow him to conclude his current commitments.

Mr Anderson thanked Mr Bruce Gemmell, the outgoing acting Director of Aviation Safety, the CASA Board and the former Director of Aviation Safety, Mick Toller, for their contribution and the instrumental role they have played in bringing CASA to its current position under the reform agenda.

Media contact
Paul Chamberlin 02 62777680 / 0419 233989




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Old 16th Aug 2012, 22:42
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Hard at it.

Musical assistance for Friday pondering.

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Old 17th Aug 2012, 01:17
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CP. micromanagement

So on what matter of technical judgment did Mr Butson and the ‘half wit child of the establishment’ differ? On what basis do you presume to determine that Mr Butson was correct and the half wit child of the establishment was incorrect?

I’m guessing it will have been a case of the ignorant differing from the ignorant: someone running an aircraft on the basis of an OWT having an argument with an FOI who subscribes to a different OWT.
Presuming that this occurred during a company AUDIT what right did the "half wit" have to challenge Butson's M.E. procedures, presumably used by Butson for many years and initially approved by CAA. Was there some safety incident which triggered it or simply another example of CASA "micromanagement", the control freak syndrome.

Most Asian countries have finally stepped back from letting their military micromanage all GA. In Australia we can't wait until CASA runs all of G.A. Except off course promotion.

Thanks CP for identifying Butson's problem.
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Old 17th Aug 2012, 02:38
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Sarcs said:
[W]e can bicker and bitch all we like on PPRuNe however it will not (on its own) effect a change.
Not true. All we need to do is use PPRuNe to attack and vilify everyone with whom we disagree, and the Easter Bunny will eventually change everything we don’t like.

Stan: I didn’t identify Butson’s problem. The Federal Court did. If you’d just read what the Federal Court said, you’d note that it said:
The pleadings reveal no more than that CASA and its officers differed with Polar and Mr Butson as to the correct exercise of CASA’s statutory powers and that, by accepting an enforceable voluntary undertaking under the CAA, the matter might be resolved in conformity with CASA’s understanding of its obligations.
I merely speculated that, based on the widespread OWTs about piston engines that are treated as gospel in the third world that passes for a GA industry in Australia, Mr Butson and the FOI were probably both wrong.
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Old 17th Aug 2012, 03:44
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Presuming that this occurred during a company AUDIT what right did the "half wit" have to challenge Butson's M.E. procedures, presumably used by Butson for many years and initially approved by CAA.
Is this a known known, or an unknown known, or perhaps an unknown unknown.
Cheers
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Old 17th Aug 2012, 03:56
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Stan: I didn’t identify Butson’s problem. The Federal Court did. If you’d just read what the Federal Court said, you’d note that it said:.
What allegedly started of as a Aviation Safety problem, became a legal technical one which the court sort of identified.

.
The pleadings reveal no more than that CASA and its officers differed with Polar and Mr Butson as to the correct exercise of CASA’s statutory powers and that, by accepting an enforceable voluntary undertaking under the CAA, the matter might be resolved in conformity with CASA’s understanding of its obligations.
I can understand Butson's reluctance to sign an EVU when that would be an admission of guilt. That's the typical stand over tactics we all know so well.
Then we have CASA s "understanding" (is that like interpretation?) and this was really all about "EGO" or was it "flight safety"? with CASA we tend to forget, the picture is blurred (now were are my second set of specs?)

. I merely speculated that, based on the widespread OWTs about piston engines that are treated as gospel in the third world that passes for a GA industry in Australia, Mr Butson and the FOI were probably both wrong.
But, but, Butson had been using this technique for years, likely passed several renewals with CASA experts(?) a good thing that the "half wit" discovered the problem in time. How many other operators has he rescued? Must be due for an AM at least. As to "third world" I agree, after nearly two decades flying o/s I noted the difference. Could it be the change to CASA or the simple addition of the S word, it couldn't be the "micromanagement" of a Nanny State now could it?

In 2000, it cost me $550,000 in legal advice re the AvGas contamination. Was fuel discussed NO purely a legal exercise in establishing the validity of a Class Action in Victoria. Where was CASA with this Safety Issue? The Butson case is also one that has no focus on safety, the pity is that the defendants are still in positions to repeat such actions. Heaven help us!

SW. Empty skies are safe skies!
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Old 17th Aug 2012, 04:37
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