Glen Buckley and Australian small business -V- CASA
Dunno. I was under the impression that Tuesday night was AOPA night. Disappointed as a result. There is power and momentum in developing a regular weekly broadcast because people get used to it and make time to listen.
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Clinton said it was scheduled for Tuesday 11 April. Ben said in the teaser that the time will be posted over the weekend. Since then the silence from AOPA has been deafening. Though I’m sure it will go ahead and that we will be updated today.
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The AOPA broadcast
Although I am not aware of the details, I believe that Sunfish could slide that $10 donation that he offered back into the wallet for now. A disappointing turn of events for the time being. My hope is that I will be proceeding without that witness at this stage, although I am awaiting confirmation from AOPA, Cheers. Glen.
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Thirsty
Sitting here in my room with Netflix and tried to access The castle. Sadly its not on Netflix, so will be essential watching soon after i am allowed back home over coming weeks.
Regarding your suggestions of images of the pages, I'm on to it. Cheers.
Regarding the NACC, I have reviewed the website, and be assured I will be making every effort to have this matter raised at it, but I have no doubt that the Minister will do everything within her power to stop that happening.
Thanks so much for your involvement and suggestions. Cheers. Glen.
Regarding your suggestions of images of the pages, I'm on to it. Cheers.
Regarding the NACC, I have reviewed the website, and be assured I will be making every effort to have this matter raised at it, but I have no doubt that the Minister will do everything within her power to stop that happening.
Thanks so much for your involvement and suggestions. Cheers. Glen.
Someone please tell me that AOPA hasn't crashed because the sudden silence is deafening.
The punishment for not leaving the public service with an honourable line of retreat is "freezing out". Your phone calls are unanswered. Invitations dry up. You are now outside the big tent and they no longer care.
I am getting the distinct impression that we may have a Minister eager to demonstrate her green credentials by gutting what is left of GA and RAA by encouraging CASA to stand firm against calls for reform of any sort and generally doing her level best to prevent any expansion of the sector unless it is electric and very, very, quiet.
Forget about Avmed changes, 760kg., owner maintenance, privaatisation. access to controlled airspace and so on.
The punishment for not leaving the public service with an honourable line of retreat is "freezing out". Your phone calls are unanswered. Invitations dry up. You are now outside the big tent and they no longer care.
I am getting the distinct impression that we may have a Minister eager to demonstrate her green credentials by gutting what is left of GA and RAA by encouraging CASA to stand firm against calls for reform of any sort and generally doing her level best to prevent any expansion of the sector unless it is electric and very, very, quiet.
Forget about Avmed changes, 760kg., owner maintenance, privaatisation. access to controlled airspace and so on.
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Letter to Ombudsman Office 28/03/23
Dear Ombudsman's Office,
In your correspondence dated 8th February, the correspondence stated "Part of your complaint was that you believed APTA was treated unfairly and differently to other Flight Training Organisations (FTO’s). You told us that there are other FTO’s operating under the umbrella of a third-party AOC. At the conclusion of my review, I asked questions of CASA about this issue as part of my further inquiries for the purpose of obtaining assurance APTA wasn’t treated unfairly. "
As you are aware, I have claimed that CASA has misled the Ombudsman's office on five separate issues. In this correspondence, I would like to address only the issue mentioned above.
I think that this matter is perhaps the single most important matter that needs to be resolved in my mind.
As you are aware, and drawing on my 25 years experience in the industry, there is no doubt that this was completely standard industry practice, with formal CASA approval. I provided you numerous examples including the fact that both Ballarat aero Club and Latrobe Valley Aero Club had operated under such an arrangement with other Operators up until the day before that they joined APTA. I provided another example that Moorabbin Flying Services had operated under the same arrangement with Moorabbin Aviation Services, and The Peninsula Aero Club has an ongoing CASA approved arrangement with the Latrobe Valley Aero Club. There are many more examples throughout Australia, although I will refer only to these in this correspondence.
I was concerned that a matter that should be so easy to confirm remains unconfirmed after more than 4 years of the ongoing investigation.
CASAs position was that it was never permitted and the initial correspondence from CASA in October 2018, confirmed CASAs position.
Please be assured that i am not asking for the Ombudsman Office to reopen the investigation, and to be frank, I very much regret involving the Ombudsman's Office in this matter.
However, it is important that the Ombudsman's Office confirms whether CASA never permitted such an arrangement or whether CASA has always and on every occasion permitted such an arrangement.
May I respectfully request that once the Ombudsman's Office has ascertained whether the arrangement was never permitted or it was always permitted, could I respectfully request that you advise me of such.
Thankyou in anticipation of your assistance.
Respectfully, Glen Buckley
In your correspondence dated 8th February, the correspondence stated "Part of your complaint was that you believed APTA was treated unfairly and differently to other Flight Training Organisations (FTO’s). You told us that there are other FTO’s operating under the umbrella of a third-party AOC. At the conclusion of my review, I asked questions of CASA about this issue as part of my further inquiries for the purpose of obtaining assurance APTA wasn’t treated unfairly. "
As you are aware, I have claimed that CASA has misled the Ombudsman's office on five separate issues. In this correspondence, I would like to address only the issue mentioned above.
I think that this matter is perhaps the single most important matter that needs to be resolved in my mind.
As you are aware, and drawing on my 25 years experience in the industry, there is no doubt that this was completely standard industry practice, with formal CASA approval. I provided you numerous examples including the fact that both Ballarat aero Club and Latrobe Valley Aero Club had operated under such an arrangement with other Operators up until the day before that they joined APTA. I provided another example that Moorabbin Flying Services had operated under the same arrangement with Moorabbin Aviation Services, and The Peninsula Aero Club has an ongoing CASA approved arrangement with the Latrobe Valley Aero Club. There are many more examples throughout Australia, although I will refer only to these in this correspondence.
I was concerned that a matter that should be so easy to confirm remains unconfirmed after more than 4 years of the ongoing investigation.
CASAs position was that it was never permitted and the initial correspondence from CASA in October 2018, confirmed CASAs position.
Please be assured that i am not asking for the Ombudsman Office to reopen the investigation, and to be frank, I very much regret involving the Ombudsman's Office in this matter.
However, it is important that the Ombudsman's Office confirms whether CASA never permitted such an arrangement or whether CASA has always and on every occasion permitted such an arrangement.
May I respectfully request that once the Ombudsman's Office has ascertained whether the arrangement was never permitted or it was always permitted, could I respectfully request that you advise me of such.
Thankyou in anticipation of your assistance.
Respectfully, Glen Buckley
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Follow up to Ombudsman 04/04/23
Dear Ombudsmans office,
Could i respectfully request confirmation that you have received this request.
Cheers. Glen Buckley
Could i respectfully request confirmation that you have received this request.
Cheers. Glen Buckley
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Follow up to the follow up 15/04/23
To The Ombudsman's Office,
I am just following up on the previous email. Once the Ombudsman's Office has been able to determine whether CASA always or never permitted this arrangement, can you confirm that I would be entitled to that information, which is integral to this entire matter, and i would have expected to be fully clarified at the onset of the investigation over 4 years ago. This truly should be a black and white matter.
Respectfully, Glen Buckley
I am just following up on the previous email. Once the Ombudsman's Office has been able to determine whether CASA always or never permitted this arrangement, can you confirm that I would be entitled to that information, which is integral to this entire matter, and i would have expected to be fully clarified at the onset of the investigation over 4 years ago. This truly should be a black and white matter.
Respectfully, Glen Buckley
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Letter to Ombudsman 09/04/23
For the attention of Catherine, Senior Complaints Officer. Ref 2019-713834
Good morning, for clarity I am the father of Glen Buckley from APTA, you will be aware that Glen has asked the Ombudsman to look into the actions of CASA which caused the closure of his flying School, APTA. Unfortunately, currently Glen is in hospital having had a breakdown due to the stress brought about by this situation and I am trying to clarify for myself a couple items which he has mentioned.
I realise that you have done a detailed investigation and do not wish to take up too much more of your time but hope you can clarify my questions below.
Glen recently advised me that in the course of the Ombudsman’s investigation you may only speak to and gather information from one nominated person from within CASA, can you please confirm that this statement is correct?
If you did speak to other personal within CASA I would assume that you spoke to the CMT 2 team who aided Glen and his team in the development of the “APTA” concept some year or two prior to October 2018. Can you please confirm if you spoke to the Team Leader of CMT2. I am personally aware that the development of the APTA concept was under discussion with CMT 2 a year or two before October 2018.
If you were limited to speaking to only one spokesperson, I fail to understand how the Ombudsman could make a fair and just investigation. It would be tantamount to two vehicles have a collision in front of a number of eye witnesses but the police can only take evidence from the drivers of the two vehicles involved, in this scenario there is an obvious likelihood of bias or incorrect information. I am sure you will agree that in this scenario for an even and fair investigation the police need to interview all the witnesses. Hence my the reason for questions above.
Appreciate your early response.
Kind Regards
Derek Buckley
Good morning, for clarity I am the father of Glen Buckley from APTA, you will be aware that Glen has asked the Ombudsman to look into the actions of CASA which caused the closure of his flying School, APTA. Unfortunately, currently Glen is in hospital having had a breakdown due to the stress brought about by this situation and I am trying to clarify for myself a couple items which he has mentioned.
I realise that you have done a detailed investigation and do not wish to take up too much more of your time but hope you can clarify my questions below.
Glen recently advised me that in the course of the Ombudsman’s investigation you may only speak to and gather information from one nominated person from within CASA, can you please confirm that this statement is correct?
If you did speak to other personal within CASA I would assume that you spoke to the CMT 2 team who aided Glen and his team in the development of the “APTA” concept some year or two prior to October 2018. Can you please confirm if you spoke to the Team Leader of CMT2. I am personally aware that the development of the APTA concept was under discussion with CMT 2 a year or two before October 2018.
If you were limited to speaking to only one spokesperson, I fail to understand how the Ombudsman could make a fair and just investigation. It would be tantamount to two vehicles have a collision in front of a number of eye witnesses but the police can only take evidence from the drivers of the two vehicles involved, in this scenario there is an obvious likelihood of bias or incorrect information. I am sure you will agree that in this scenario for an even and fair investigation the police need to interview all the witnesses. Hence my the reason for questions above.
Appreciate your early response.
Kind Regards
Derek Buckley
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Response from CASA to previous 3 posts
It doesnt answer the question that i asked, but here is the Ombudsmans response.
Dear Mr Buckley,
I refer to your email dated 28 March 2023, in which you expressed dissatisfaction that Catherine’s decision letter did not express a view about whether APTA had been treated fairly compared to other Flight Training Organisations (FTO). Catherine is on leave from the Office but, in her absence, I reviewed her records of investigation. From these, I can see that she considered, and sought information from CASA about this issue and ultimately decided she could not confidently conclude who (within CASA) knew what about your business model at what time, to assess the way your business was treated compared to other similar organisations. I apologise that this conclusion was not explained more clearly in her letter of decision.
Noting this investigation is closed, our Office may file but not necessarily respond to any further correspondence you send on the matter.
Kind regards
Tom Rebetzke
A/g Assistant Director | Complex Investigations
ACT and Commonwealth Investigations
COMMONWEALTH OMBUDSMAN
Dear Mr Buckley,
I refer to your email dated 28 March 2023, in which you expressed dissatisfaction that Catherine’s decision letter did not express a view about whether APTA had been treated fairly compared to other Flight Training Organisations (FTO). Catherine is on leave from the Office but, in her absence, I reviewed her records of investigation. From these, I can see that she considered, and sought information from CASA about this issue and ultimately decided she could not confidently conclude who (within CASA) knew what about your business model at what time, to assess the way your business was treated compared to other similar organisations. I apologise that this conclusion was not explained more clearly in her letter of decision.
Noting this investigation is closed, our Office may file but not necessarily respond to any further correspondence you send on the matter.
Kind regards
Tom Rebetzke
A/g Assistant Director | Complex Investigations
ACT and Commonwealth Investigations
COMMONWEALTH OMBUDSMAN
Ombudsman office………..
WHAT A DISGRACE!
It appears to me that if you take on one gubmint department you are taking them all on.
Glen have you actually ever received a straight answer from anyone? This would drive anyone round the bend.
Clearly they want you to give up. Let’s hope ya don’t. GOFUNDME!
WHAT A DISGRACE!
It appears to me that if you take on one gubmint department you are taking them all on.
Glen have you actually ever received a straight answer from anyone? This would drive anyone round the bend.
Clearly they want you to give up. Let’s hope ya don’t. GOFUNDME!
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Global Aviator
Appreciate the encouragement.
I am out from hospital, and feeling good, although perhaps not quite as good as i had hoped. Thanks for that, it landed at a good time. My next correspondence must be to a single piece of media. I want one well directed bullet before giving up and adopting what is called "radical acceptance", something I learnt recently. My initial thougfht is 60 minutes, I would welcome any suggestions or direction, and the reasoning if anybody can assist. Cheers. Glen.
I am out from hospital, and feeling good, although perhaps not quite as good as i had hoped. Thanks for that, it landed at a good time. My next correspondence must be to a single piece of media. I want one well directed bullet before giving up and adopting what is called "radical acceptance", something I learnt recently. My initial thougfht is 60 minutes, I would welcome any suggestions or direction, and the reasoning if anybody can assist. Cheers. Glen.
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Appreciate the encouragement.
I am out from hospital, and feeling good, although perhaps not quite as good as i had hoped. Thanks for that, it landed at a good time. My next correspondence must be to a single piece of media. I want one well directed bullet before giving up and adopting what is called "radical acceptance", something I learnt recently. My initial thougfht is 60 minutes, I would welcome any suggestions or direction, and the reasoning if anybody can assist. Cheers. Glen.
I am out from hospital, and feeling good, although perhaps not quite as good as i had hoped. Thanks for that, it landed at a good time. My next correspondence must be to a single piece of media. I want one well directed bullet before giving up and adopting what is called "radical acceptance", something I learnt recently. My initial thougfht is 60 minutes, I would welcome any suggestions or direction, and the reasoning if anybody can assist. Cheers. Glen.
‘Some people in the media are aware of your situation, including very capable people. However the challenge for them is how to cut through your verbiage and turn your complaint into a thirty second sound bite that fits on less than one A4 page and that reaches out and grabs TV viewers by the short and curlies between ads for beer and on-line betting. You cannot do this yourself and there are other important stories to write and that is just dealing with your. side of the story let alone the wall of obfuscation put up by CASA and the Ombudsman.
In my opinion a Royal Commission is needed and it won’t happen. I know one or two retired judges who could cut through this case like a razor but they are already chairing other enquiries and are seriously over worked even in retirement.
‘’CASA and the Ombudsman are counting on the media being too busy to try and unravel your story and I think they are correct in that belief.,
So welcome to the third world. yesterday somebody told me their story about losing $400,000 thanks to CASA duplicity and I assume there are many others. Decisions appear and then evaporate for no reason. Why last year we were promised medical reform and RAA increased weight limits. Today? Nobody knows anything, “we need more consultation about the need for more consultations about consultation” “The regulations say this, well perhaps in your case they don’t”. “maybe you could get an exemption, maybe not, who knows? Who can tell?” “Manana - call me next week I might have some news”.
Doing business was better in Indonesia.
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Sunfish
Appreciate your input and involvement. Seems your sleeping patterns are disrupted as much as mine. Good to see you up and about early and not wasting the day.
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G’day Glen,
I don’t know you, but it seems we are about the same age, so there’s some common ground! I don’t have a dog in this fight, but wanted to send a message of support.
I’m somewhat concerned about your health and the toll this fight is taking on you and no doubt your family - so my question is - after I see that you recently mentioned the idea of giving up, why don’t you take the advice of so many here and lawyer up instead? Use the go fund me account to get started.
I say this because it seems to me that you are indeed a principled and decent person who, even if were guilty of what CASA suggest, has been unfairly treated in the extreme - that is, the punishment doesn’t fit the crime (if there were a crime).
It is admirable that you wish to pursue this fight in a gentlemanly way and give the people in power a chance to do the right thing - my opinion is, they won’t! They haven’t yet and they will not.
You have lost so much, to get to this point where you’re about to give in - without actually trying to go down the legal path, using a professional. So is it time to lawyer up? Let someone else do the heavy lifting.
The recent shutdown of the AOPA interview I thought was rather telling, if your opponents had nothing to fear, they’d have nothing to hide.
Could or should the focus of this thread change from fighting this as you have been, to; how to fight it using a professional in this field? Asking again from scratch, for the smart contributors to provide some options such as, media coverage, retired judges, witnesses, subpoenas or whatever else will get traction and then, have a lawyer do it. Perhaps a starting point could be to hire Lead Balloon for a few hours? LB is already familiar with the complexities of this case and could possibly come up with a legal recommendation of how to get focused on a path to force this matter to a conclusion. (sorry LB, I’m suggesting you and/or anyone else, as a starting point, that has the legal nous to give this matter the direction it needs)
For the record, I and I’m sure many others are always hopeful when you have posted previously because we revel in “the chance” that the next thing you do might just be it, but you’re running out of energy and willpower and rightly so after all you’ve been through.
Importantly, no disrespect here whatsoever when I use the words give up, give in, use a professional or change focus etc . Your persistence and effort to fight the way you have are inspirational and show clearly the decent person you are - if the opponents wish to fight in the mud, you generally need to join them - get a good lawyer.
I sincerely wish you all the best regardless of which way you go, but you’ve already paid a very high price to decide to walk now without having tried the one approach that may work?
…and I will contribute to the go fund me account, could somebody point me in the right direction please?
As an add on, I’d like to express my gratitude to the many contributors here who have no doubt spent lots of time and effort on various aspects of this matter - I can’t name everyone but Lead Balloon, Sunfish, Sandy Reith to name but a few…there are many others.
fury…
I don’t know you, but it seems we are about the same age, so there’s some common ground! I don’t have a dog in this fight, but wanted to send a message of support.
I’m somewhat concerned about your health and the toll this fight is taking on you and no doubt your family - so my question is - after I see that you recently mentioned the idea of giving up, why don’t you take the advice of so many here and lawyer up instead? Use the go fund me account to get started.
I say this because it seems to me that you are indeed a principled and decent person who, even if were guilty of what CASA suggest, has been unfairly treated in the extreme - that is, the punishment doesn’t fit the crime (if there were a crime).
It is admirable that you wish to pursue this fight in a gentlemanly way and give the people in power a chance to do the right thing - my opinion is, they won’t! They haven’t yet and they will not.
You have lost so much, to get to this point where you’re about to give in - without actually trying to go down the legal path, using a professional. So is it time to lawyer up? Let someone else do the heavy lifting.
The recent shutdown of the AOPA interview I thought was rather telling, if your opponents had nothing to fear, they’d have nothing to hide.
Could or should the focus of this thread change from fighting this as you have been, to; how to fight it using a professional in this field? Asking again from scratch, for the smart contributors to provide some options such as, media coverage, retired judges, witnesses, subpoenas or whatever else will get traction and then, have a lawyer do it. Perhaps a starting point could be to hire Lead Balloon for a few hours? LB is already familiar with the complexities of this case and could possibly come up with a legal recommendation of how to get focused on a path to force this matter to a conclusion. (sorry LB, I’m suggesting you and/or anyone else, as a starting point, that has the legal nous to give this matter the direction it needs)
For the record, I and I’m sure many others are always hopeful when you have posted previously because we revel in “the chance” that the next thing you do might just be it, but you’re running out of energy and willpower and rightly so after all you’ve been through.
Importantly, no disrespect here whatsoever when I use the words give up, give in, use a professional or change focus etc . Your persistence and effort to fight the way you have are inspirational and show clearly the decent person you are - if the opponents wish to fight in the mud, you generally need to join them - get a good lawyer.
I sincerely wish you all the best regardless of which way you go, but you’ve already paid a very high price to decide to walk now without having tried the one approach that may work?
…and I will contribute to the go fund me account, could somebody point me in the right direction please?
As an add on, I’d like to express my gratitude to the many contributors here who have no doubt spent lots of time and effort on various aspects of this matter - I can’t name everyone but Lead Balloon, Sunfish, Sandy Reith to name but a few…there are many others.
fury…
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