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Glen Buckley and Australian small business -V- CASA

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Glen Buckley and Australian small business -V- CASA

Old 20th Apr 2022, 03:23
  #2061 (permalink)  
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Dear Ben Morgan, AOPA

Dear Ben Morgan,

Firstly let me thankyou for arranging the May Day Event with Senator Rex Patrick on May 1st at Bankstown Airport.

As you are aware, the industry established a Crowd Funding page which raised funds for me to pursue my matter. I have utilised some of those funds and purchased a Melbourne Sydney ticket and a car rental. I will most certainly be in attendance. Please consider this my RSVP.

I would like to make a request of you for consideration. I am not sure of the intended format, and I do not wish to bump anybody or compromise anyone else’s intended presentation.

As a business owner who had his business shut down by CASA with no supporting safety case whatsoever, I would very much appreciate the opportunity to present my story. I anticipate that would require approximately 30 minutes.

The contents of that presentation would directly address the terms of reference of the current Senate Inquiry. I would ask that AOPA record that presentation, and it would be the basis of my own submission to the Inquiry

If you determine that this would be appropriate, I would provide Senator Rex Patrick with a 30 minute read as a precursor to that presentation.

Thankyou for your consideration of my request,

Cheers , Glen Buckley
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Old 20th Apr 2022, 08:18
  #2062 (permalink)  
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A phone call with the Ombudsman

An update from the Ombudsman’s Office today via a 30 minute telephone call.

To cut straight to the chase it was grim. After 3 years of investigating, the Ombudsman’s Office is unable to investigate allegations against an individual, such as an allegation against a CASA employee, and that needs to be directed to the CASA Industry Complaints Commissioner. The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept. This is despite the emails from 2 ½ years prior to that that date I had emails with CASA pitching the concept to them. Then what followed was an investment of hundreds of thousands of dollars in systems and personnel, to be fully approved by CASA in April 2017, then have CASA formally approve bases under it. We then underwent an audit and no concerns are raised, then CASA found about it and shut it all down.

All this without a supporting safety case. To those on here and in the industry you will appreciate that “not everyone knew about it”, doesn’t really cut it. They advised that they cant to anything with regard to "practical outcomes .Anyway, rant over.

I jumped into my car to go and feed a mates goldfish while he heads off to an Elvis festival interstate. To be honest I sat in the car having a bit of a sulk before turning the key.

Then the phone rings. It’s the Office of the Deputy PM, and someone very senior. They were aware of the leaflets I was distributing. Let anything let me say that what followed was the most encouraging conversation I have had in over three years. Whilst I don’t want to pre-empt anything, I do believe that Office will “get to the bottom of it”, and that the Deputy PM would be involved. It was extremely encouraging.

It left me feeling so good, I gave the Goldfish an extra pinch of flakes.

The dilemma I have now. Do I ramp up my matter in the local electorate by getting down to railway stations etc, or do I back off and give the Deputy PMs Office a week to digest it, and get back to me.

Ive been too nice today, I already gave the fish extra food, I reckon I keep going.


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Old 20th Apr 2022, 08:38
  #2063 (permalink)  
 
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It's not a dilemma, not in my reading of it. Never trust a politician under any circumstance. Ramp it up buddy.

Just one question though, I know the NATS are tied up with Libs, but why would the NATS get involved when it's a Liberal seat?
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Old 20th Apr 2022, 09:21
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Originally Posted by glenb
The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept.
Jesus wept. Accountability in all its glory. Nothing but admiration Glen, for the cause you are fighting.
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Old 20th Apr 2022, 10:10
  #2065 (permalink)  
 
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Glen, don't you dare stop doing what ever you are doing until you NOW get a meeting with CASA and a written plan of how CASA is going to resolve this matter. The difference between NOW and a few weeks ago is that the Board and DAS are NOW empowered by the Government to resolve the matter.

Please don't stop doing things just yet, The Ministers office can NOT fix your problem - that would be corrupt. However they can ask CASA for an explanation as to how your treatment squares with the SoE.

Do not accept personal undertakings etc. the Libs and Nats might not win. Barnaby may be given a different portfolio. Keep going until you have something in writing (an admission of wrongdoing no less) from CASA!

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Old 20th Apr 2022, 12:36
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Progress?

The Ombudsman concept was all the rage at a 1960s Liberal Party State Council, put to the meeting it passed with a handsome majority against the wishes of Premier Henry Bolte. Bolte argued that it was the job of MPs to intervene on behalf of constituents and ensure good governance throughout the Public Service.

How right he was, we spend umpteen $millions on these useless bodies, we have an Ombudsman for just about everything and they’ve become just another part of Government Industries and the Public Sector. The latter, that was once the Public Service, increasingly in unequal competition with the private sector.

But to the DPM, Minister Barnaby Joyce, and the possibility of action for Glen, firstly an apology from Gladys Liu and a promise to prosecute Glen’s case should be the first correction. After that it’s hard to disagree with the Sunfish advice:-

“Keep going until you have something in writing (an admission of wrongdoing no less) from CASA!”

Hopefully the caretaker protocols don’t inhibit BJ from directing the CASA Board to act now to compensate Glen
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Old 20th Apr 2022, 23:42
  #2067 (permalink)  
 
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IMHO this country is coming to a dangerous impasse.

When we the people fund the diabolical outgrowth of BS agencies full of ‘managers’ and fat cats that deny all the obligations of transparency, accountability, natural justice and due process ,and from their positions of power and your money, set about squashing people, businesses, and in CAsAs case, a complete vital industry….we have aPROBLEM for this “democracy”.

Surely we don’t have to go down the Ukrainian path to ensure our freedom, that should be a given, not having to be taken back with violence.

We might have our little paper flutter on May 21, but over the decades what changes to the good for CASA has that done. SFA.?
As someone in CAsA once said.. ‘ ministers and politicians come and go, be we go on forever’.
For all that we have most surely paid the price.

I do hope for Glens sake and sanity the “ the phone call” for such a morale lift is not simply followed by a let-down. Sure he’s had more than enough of that.

Put in an application for a CarersPension, Glen, since you are now employed as carer for Mrs Goldfish and family.

Look forward to hearing about the outcome of May 1, Sic Em Rex and yourself.
Go well.
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Old 21st Apr 2022, 00:06
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Power of bureaucracy

Aroa makes the point, that we’ve handed too much power to the Public Sector (used to be the Public Service).

Unfortunately we the citizenry are partly to blame, note the loud cries for an independent political watchdog with “teeth” which will detract from the safeguards of our hard fought for British legal system.

There’s a strong and naive belief that we can pass off problems within governing bodies by a mechanism that has no accountability back to the people (just like CASA).

And more unfortunately we’ve not had a politician with the oomph and inspiration to articulate the fact that it’s the duty of MPs to ensure proper, honest and fair governance throughout. We certainly should expect MPs to be far more involved, and fighting for individuals, like Glen Buckley. This would breathe new life into our democracy because the bureaucracy would become far more careful. Another benefit might accrue in that we might attract more candidates for political office who have the skills, knowledge and motivation to make democracy improve. We should pay them more and staff and equip their offices to cater for the problems that confront their constituents.

Henry Bolte was dead against the Ombudsman concept for exactly these same reasons.
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Old 21st Apr 2022, 01:34
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The Ombudsman Office has accepted CASAs view that not “everyone in CASA was aware of APTAs concept.
If that’s true and the Ombudsman’s Office considers that that finding has any relevance to Glen’s complaint, it would be a manifestation of the extent to which the competence of the Office has deteriorated. It would be laughable if it didn’t have such profound consequences. Google ‘constructive notice’.

Sadly, it’s not surprising, because these kinds of government ‘watch dogs’ have been steadily starved of resources. (An erstwhile Ombudsman – John Macmillan – who became Australian Information Commissioner was ‘starved out’ of the latter position, eventually working from home because the government had not funded an office for him.) The current government would love to starve the Auditor-General’s office in the same way.

Anyway, the message is clear: Make sure you cc the CASA CEO in on all correspondence with anyone else in CASA.

In any event, there’s nothing in Part 141 or 142 that says an operator can’t conduct flying training activities at more than one location.

[T]he Ombudsman’s Office is unable to investigate allegations against an individual, such as an allegation against a CASA employee…
Here’s what the Ombudsman Act says:
3(6) For the purposes of this Act, action that is taken by an officer of a prescribed authority shall be deemed to be taken by the authority:

(a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority, whether or not:

(i) the action is taken for or in connexion with, or as incidental to, the performance of the functions of the prescribed authority; or

(ii) the taking of the action is within the duties of the officer; or

(b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.



officer means:


(b) in relation to a prescribed authority:



(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not he or she is employed by the authority; or

(iv) a person authorized by the authority to exercise any powers or perform any functions of the authority on behalf of the authority.
CASA falls within the definition of “prescribed authority”.

A CASA employee’s actions in their capacity as a CASA employee are deemed, for the purposes of the Ombudsman Act, to be the actions of CASA. A complaint about the actions of an individual CASA employee in that capacity is complaint against CASA.
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Old 21st Apr 2022, 01:56
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Originally Posted by Lead Balloon
A CASA employee’s actions in their capacity as a CASA employee are deemed, for the purposes of the Ombudsman Act, to be the actions of CASA. A complaint about the actions of an individual CASA employee in that capacity is complaint against CASA.
What if the action is internal? i.e. one officer overriding another’s action, deeming it void, in effect undoing that particular decision.
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Old 21st Apr 2022, 02:13
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An action is an action is an action.

The nonsense of the Ombudsman's position, as explained by Glen, is that everything 'done' by 'CASA' is done by individuals - either the CEO or employees or board members or whatever. An artificial person created by a sentence in a piece of legislation cannot magically take any 'action', except through human officers.

That's why the Ombudsman Act has the deeming provision I quoted.

Otherwise Pip Spence can just sit there saying that everyone in CASA, including her, is an individual, and therefore the Ombudsman can't investigate any complaint about any action any of them take.
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Old 21st Apr 2022, 02:30
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"It’s the Office of the Deputy PM, and someone very senior. They were aware of the leaflets I was distributing. Let anything let me say that what followed was the most encouraging conversation I have had in over three years. Whilst I don’t want to pre-empt anything, I do believe that Office will “get to the bottom of it”, and that the Deputy PM would be involved. It was extremely encouraging."

My take on that is that your flyers are causing stress within the LNP held seat of Chisolm & efforts are being made to placate you with the promise that they'll "get to the bottom of it". If the Office of Deputy PM were truly concerned about Glen's situation, something would have been done a long time ago. It's all too convenient with the election looming - particularly in a marginal seat.

Just my 2 lire's worth...

All the best Glen!!

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Old 21st Apr 2022, 03:15
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MLE

Spot on i suggest MLE. That individual has contacted me today from the Deputy PMs department. They are waiting the Ombudsmans report. Therefore, I have elected to ramp up my efforts. Cheers. Glen.

I have advised that person from the Deputy PMs department that Mr aleck has clearly mislead the Ombudsmans Office and he has requested I send through my supporting material which I will do, and obviously post on here.

Cheers. Glen
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Old 21st Apr 2022, 05:02
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Poor old underpaid Ombudsman


Commonwealth Ombudsman’s 2020 annual report. No wonder they couldn’t find a problem with CASA’s treatment of Glen Buckley and because they don’t talk to each other! Gawd help us, certainly won’t get help from Government Industries.
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Old 21st Apr 2022, 05:16
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Reply to LB about the starving Ombudsman officers.


We’d better send food parcels.
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Old 21st Apr 2022, 05:31
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That's only part of the picture, Sandy. Another part of the picture is the volume of complaints - more accurately the growth in the volume of complaints - made, compared with the number and qualifications of staff over time. (John Macmillan was paid well as Information Commissioner but couldn't possibly do the job from his home office, so left for greener pastures.) That said, if Glen's summary of the conversation is accurate (and I don't doubt Glen is summary is based on his honest recollection) I reckon he's been consigned to the 'too hard' basket by the Ombudsman.
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Old 21st Apr 2022, 05:57
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Too hard basket

Quote LB:- “I reckon he's been consigned to the 'too hard' basket by the Ombudsman.”

Exactly, simply too political, which can only be solved by those dreaded politicians that Australians love to hate. If only we had strong leaders, then there’s no disPutin, and we will all live happily ever after.
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Old 21st Apr 2022, 23:41
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Originally Posted by Sandy Reith
Quote LB:- “I reckon he's been consigned to the 'too hard' basket by the Ombudsman.”
So the tame ICC found CASA knew about the APTA model, didn’t treat Glen fairly, and breached its Regulatory Philosophy but then the Ombudsman says nothing to see here. How can that be?
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Old 22nd Apr 2022, 01:11
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Who’d know.

Anyway, it’s caretaker time and the bureaucracy is kicking back and relaxing while watching the fur fly between tweedle dumb and tweedle dumber. Each agency and department will have its ‘Red Book’ and ‘Blue Book’ prepared, ready to feign dedication to the policies of whatever inspirational Minister is imposed on them for a couple of years.
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Old 22nd Apr 2022, 06:29
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I will need advice

To those that are following this story. Tonight (by 9PM), I will publish a draft letter on this website. It will be a letter to both the Ombudsman Office and the Office of the Deputy PM, and specifically to the individual that is investigating this matter within the Office of the Deputy PM. I have confidence in this individual.

It will be in draft form, but will be within a whisker of completion. I will finalize it, based on feedback on the weekend for sending at 9AM on Monday morning. It is i believe a significant piece of correspondence in this matter. It deals very much with corruption in Government Departments, and is highly relevant at the moment with the failure by the liberal Government to establish an anti corruption commission. With an election only weeks away, I have been presented with a rare opportunity.

I will appreciate any guidance on content, but also on intended recipients. I will be seeking feedback on the distribution list. To only the Deputy PM, and Ombudsman, or other politicians i.e. Senator Rex Patrick, Gladys Liu, AOPA, media etc.

Cheers. Glen

Irrespective, it will be published on here and the other website "Aunty Pru".
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