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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 21st Aug 2019, 03:19
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Meeting 29/11/18. Leeting them know yet again

At an extensive meeting at Moorabbin Airport on 28/11/18, it was very clearly outlined in detail the commercial impact and the CASA representatives notes clearly indicate that.
The figure of at least $10,000 per week was identified at this meeting.
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Old 21st Aug 2019, 03:20
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Commercial Impact of CASAs action

04/12/18 I sent an email to the Regional Manager, extract belowJust confirming that I will require 7 days from the provision of information from CASA. APTA is awaiting further information from CASA. My hope is that it can be attended to promptly as this matter has now dragged on for over 6 weeks. I estimate that each week costs me approximately $10,000, so the expense related to this exercise is now in the vicinity of $60,000. I appreciate that CASA is extremely stretched at the moment, however this does require prompt attention from CASA.

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Old 21st Aug 2019, 03:21
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Commercial impact 05/12/18. Making sure they know

This matter has now dragged on for over 6 weeks. It is likely due to CASA slow timelines that this will extend well into next year.

I need to ensure that I am perfectly clear here.

The current CASA is understandably bringing me enormous and unacceptable levels of stress. The current CASA action costs me approximately $10,000 per week. Those figures can be substantiated. Can you please provide an estimate of when you think CASA will have this finalised. It is a reasonable request.

Thankyou in anticipation of your co-operation.



Glen

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Old 21st Aug 2019, 03:23
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Making sure Mr Carmody is aware of the commercial impact 21/12/18

Dear Mr Shane Carmody,

I am writing to ensure that CASA as an Organisation is fully aware of the repercussions of its inappropriate actions.

CASA has advised that they intend to shut down my entire operation, and not on the basis of any safety concerns.

I intend to mount a very public and robust defence of APTA, the concept, and its members. The simple facts are that the CASA action will result in sending my Business bankrupt and CASA would be aware of those consequences.

If there is any doubt, then I reiterate it here. As a Company Director, I have obligations on me to maintain solvency of the Business. The CASA action will force me to close the Business, and CASA will be held fully liable for that. The claim will be substantial. I will however be putting a stop to that CASA action. The repercussions are too serious on too many people, and as this is not a safety matter it will not be proceeding, I can assure you.

CASA has not initiated this action on the basis of any safety concerns. Your bullying and intimidating approach will be held to account. By CASAs own admission the trigger for the action against me was the “Aviation Ruling”. I challenged that action on the basis that the aviation Ruling did not apply. By its own definition it referred to an “arms length arrangement”. Quite simply APTA does not operate with an arms length agreement. The fact is that APTA operates as the one Organisation in all matters regarded to Safety and Compliance which should be the areas of focus.

In addition I pointed out that it referred to “CAR 206”operations of which flying training is not. Furthermore the Aviation Ruling was written in 2006 for an entirely different regulatory environment. It also refers to a Chief Pilot, a role which does not exist in a Flight Training Organisation. This matter has now dragged on for two months at a cost to my Business, well in excess of $100,000.

I was advised at the meeting with CASA on 20/12/18 that the Aviation Ruling is now “off the table” and CASA is pursuing a completely different line of attack which will be advised to me via written notification. This is quite simply outrageous and immoral.

If CASA has determined now to change tact then I must hold you liable for the damage caused over the last 9 weeks. You are choosing to use brute force rather than any sense of decency. I will irrefutably demonstrate in the public domain, how

CASA has Acted with total disregard for its own Regulatory philosophy
Made false allegations in audits of a substantial nature that were challenged and retracted.
Failed to provide me with natural justice/ procedural fairness Blatantly breached the requirements of Administrative law
Operated in breach of requirements of the Public Governance, Performance and accountability act Acted to bring harm to me and my business Compromised safety Caused job losses and particularly in regional areas Caused enormous stress and harm to me, my family and my Business. Failed to achieve clear and concise aviation safety standards as required of it in the Act.
Produced a negligently inaccurate Regulation Impact Statement with regards to Part 61/141 and 142.

I have exhausted all opportunities to resolve this with CASA, and it must now proceed to the next step. My argument will be very public however at all times I will ensure that responsibility lands where it should. CASA is an organisation of many exceptional and Industry leading people. Unfortunately when senior management choose to act in such a combative and inappropriate manner you actually make the job of the “troops” that much more difficult.

My issue is not with the people at the coalface, and I intend to make that very clear. There are many people in that Organisation of whom I have a high level of confidence and trust. My battle is not against the individuals within the Organisation.

My issues are caused by a CASA approach of using bullying and intimidation as their preferred course of action. I will be encouraging you to follow my thread on this matter on Pprune. I will be soliciting support of this from the wider community and media, while also initiating processes to ensure legal recompense for all affected parties.

To all of the well intentioned professionals in the Organisation I wish you a merry xmas, happy New Year, thankyou for your efforts, and recognise that you are not “the problem”. To the few that cause so many problems for your work colleagues and for Industry, I intend to hold you to account.

Regards. Glen Buckley
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Old 21st Aug 2019, 03:27
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Commercial Impact of CASAs action 08/01/19

08/01/18 Email to Regional Manager

It is this single unattended to and unsubstantiated matter that is causing so much financial duress to my Business.

I need to activate bases as the business requires.

The CASA action has bought a halt to me activating bases.

To date this costs me approximately $10,000 per week to subsidise my operation which cannot be offset because I cannot activate bases in accordance with my CASA approved procedures.

If CASA does not address this issue promptly, it is likely that the entire business will be irreparably damaged. This is obviously significantly impacting on my cashflow, deterring new members, shaking confidence in potential members, impacting on my relationship with suppliers, imminently about to lead to redundancies in the organisation, and a scaling down of my safety department to facilitate continuing operations.

For perfect clarity. I need CASA to promptly and clearly advise if they are stopping me opening bases that I am fully satisfied meet all requiremts.
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Old 21st Aug 2019, 03:29
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Commercial Impact of CASAs action 10/01/19

Good Morning Will,

Ermin has advised me that the FSTD evaluation for Ballarat and Latrobe Valley will not be proceeding, with other tasks, on the basis that CASA is waiting for me to “supply documents”.

· APTA is CASA approved

· CASA has made a “request for documents” only at this stage.

· CASA has not clearly identified any breach to me, despite repeated requests going back over the 12 weeks.

· CASAs actions to date have significantly impacted on this business.

· Ballarat Base had made a significant investment in the new APTA sim. This increases safety and standards. It is imperative that they have it operating due normal commercial pressures of business.

· Working on the basis that one is “innocent until proven guilty”, CASA has not identified an offence, CASA decision has significant impacts on APTA.

Can you please clearly confirm to me that the sole reason for CASA electing not to move forward on any APTA submitted projects, is that you are waiting on documentation from me. From my perspective, it would seem fair to assume innocence, minimise the impact on my business, and proceed forward until CASA can clearly and concisely advise me of the regulation that has been broken, or the safety concerns.


CASA has obligations on it, to move forward in a manner that considers the impact of its decisions, on business. I look forward to your response.

Due to the important nature of the timelines, I do need to move quick and would respectfully request a response by close of business today. I am meeting with the Ballarat Aero Club committee at 4PM today, as we try to minimise the impact of CASA actions to date. I will need to submit this as a formal complaint to the ICC at 9am tomorrow morning if you have been unable to respond.

May I also lodge a formal request for you, or your nominee to meet with the Ballarat Aero Club committee. The impact of the CASA action could potentially lead to a complete cessation of their operations after almost 100 years. As you will appreciate, this is extremely concerning for them. I am meeting with them tonight, but have little to offer.

I really don’t understand enough about what is going on to explain it to them. I think it is a fair and reasonable request that CASA provide either yourself or someone from your office to meet with the committee at both Latrobe Valley and Ballarat aero clubs to brief them on CASAs perspective. It really isn’t my job to do, I don’t understand it, and I may not represent CASA as they would wish.

I have made this request previously and again it was completely ignored. Could you also indicate if CASA could facilitate that meeting. Please note that they are interested parties as your initial documentation very clearly identified and involved them.

Thankyou for your consideration, cheers. Glen
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Old 21st Aug 2019, 03:34
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yet again 04/03/19 Commercial Impact

This time due to no response I write to my Team Leader, Mr Will Nuttall

04/03/19 Email to Will Nuttall

Surely there must be a presumption of innocence. CMT 3 initiated a process with substantial allegations in late October last year. Not one of those has been substantiated to date.

It seems grossly unfair that you would place a freeze on APTA, and especially considering the commercial impact of that decision.

I call on CASA to act with fairness and decency and lift the freeze. There have been no safety concerns expressed, and no substantiated regulatory breeches despite my repeated requests over the last four months for supporting evidence.

Im not being argumentative or combative, but this situation is extremely stressful and concerning, and it must be resolved, please.


That freeze is affecting a number of the APTA bases, and is in fact the CASA action that is causing significant commercial damage to those bases and the personnel at those bases. For your info, I will provide an overview of the current situation.
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Old 21st Aug 2019, 03:36
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13/03/19. Again to my CASA Team Leader

13/03/19

Dear Mr Will Nuttall, I am writing to you in your role as the Team Leader of CMT 3, and the CMT that initiated the current action against APTA.

You are aware of my views, that had you decided to approach me, this entire matter could have been resolved with a couple of hours of well intentioned discussion. In your role as the Team Leader, you decided on a different course of action, that I feel was not fair or warranted.

Nevertheless, I do appreciate that CASA has procedures and protocols to follow, and I can only assume and hope that you have followed them strictly.

As you are aware, my Business like many other aviation businesses across Australia, relies heavily on CASA in order to conduct its Business.I do wish to write to you again, and call on you to lift the freeze that you have placed on APTA. It is having a significant commercial impact on a number of bases.

I had hoped to have this resolved by now, and as previously advised, the Ballarat Aero Club has its meeting tonight. I was hoping to be able to advise the committee of an update, and unfortunately I am not in a position to provide one, in fact it appears that we haven’t moved forward for nearly 5 months, and I still feel no closer to a resolution, and I do not understand what it is that you want from me, or what legislative requirement I have breached, to justify that freeze.

I sincerely respect your position and understand that timelines on occasion, may be drawn out, in order not to compromise the safety of air navigation. However, this responsibility should not entirely remove the responsibility on you in your role at CASA to act expeditiously.

In short, there is no excuse for CASA allowing safety to become a mask for inefficiency, and in fact to date there have been no concerns expressed regarding safety.CASA should be aware that these delays can affect the livelihood of Organisations and Employees of those organisations.

The freeze you have applied causes undue financial stress, and that stress itself may impact on an Organisations ability to ensure safe operations, thus the administrative delay itself, may negatively impact on Aviation Safety, particularly in cases where an Organisation is attempting to move forward to provide a Safer and more Compliant organisation, as we are.

The “freeze” that you initiated on my business and the associated delays in processing are proving to be unacceptably costly to my Business, and my Members. CASA does still have a Common Law Duty of Care, as in the tort of negligence, and particularly so in cases where these administrative delays could in actual fact lead to a compromise to the Safety of Air Navigation.

CASA also has a Statutory duty to avoid unnecessary delayIn almost every aspect of my operations now I am being negatively impacted by the “freeze” that you have applied. In my opinion your action does not improve safety, in fact potentially compromises it.

Our systems and procedures are all CASA approved, and I feel that there is absolutely no basis to justify your actions, on safety grounds or regulatory compliance concerns.

The purpose of this letter is to request that you put in writing the reasons that you initiated the freeze and an explanation. I have tried to explain it to my members, but to be frank, I have absolutely no idea, and need your assistance.

As this Freeze has extended for many months now, I do believe that you in your role as the CMT 3 Manager, should be able to provide that explanation, and that my request is fair and reasonable. Can you please provide a time line when you anticipate you would be able to provide that explanation, as that will bring clarity to the situation.

Respectfully, Glen.
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Old 21st Aug 2019, 03:36
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Are you able to publish the responses from the empire? Or have you been advised not to? I think we all feel your growing frustration.
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Old 21st Aug 2019, 03:37
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So even though the CASA DAS said that no administrative action is being taken against APTA, he was actually telling the truth, however, Inaction can also be seen as action.Lemme splain it to youse.As far as I can tell, CASA said “we believe you have broken these CASR’s…….., so that is the basis of why we committed to not approving the additional bases, Nor will we deal with the other approvals you put into the system that have nothing to do with it, while we work out what to do and for someone to make a decision.”So Glen asks for the evidence of so-called breaches of the CASR’s in relation to these alleged breaches at the 2 new bases and is bluntly stonewalled. How many times did you ask so you can address these so-called breaches? 10+ times to different managers? So Glen then tells CASA that you are costing me $10,000 a week with your inaction, which could then have allegedly seen the CASA Officers drag their feet even further, causing a loss of over $100,000 in as little as 10 weeks. Hypothetically speaking of course.Could I be so bold in hinting that the “In-action” is actually obstruction?
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Old 21st Aug 2019, 03:41
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15/03/19 commecial imapct

I write to CASA again trying to minimise the commercial impact

15/03/19

Irrespective, the CASA action has bought enormous harm to me and my business. I certainly don’t intend to be combative but I am on the cusp of robustly defending my own reputation, that of APTA, and of the personnel associated with me. I do require something of CASA however, and I feel my request is fair.

CASA has initiated a substantial action, that has significant impact. The cause of those issues is the “freeze” that has been placed on APTA. I do not believe that the “freeze” is fair.

I have a number of outstanding tasks, some waiting since August of last year, months after the freeze even commenced. I also have Ballarat Aero Club with their new simulator sitting idle for many months. They are trying to add a new resource to improve safety and standards. I also have Latrobe Valley base unable to renew an existing capability, as CASA refuse to conduct its required renewal on the sim. I have a 737 sim waiting in Brisbane for the addition of the MCC Course, and a full motion 737 sim arriving shortly at Moorabbin that will sit idle.

My argument is not against the freeze, although I am opposed to it. My request should be relatively simple in that I am requesting a written notification. David Jones, Will Nuttall, And Brad Lacey were the “triggers” for the action, and I have not received any formal notification after nearly 5 months of a “freeze”.

Would I be able to respectfully request a written notification as to what action has been taken, the reasons for it, and the basis of that action. I would imagine that such a substantive CASA action may have some corresponding written notification. This would help me to understand what is going on.

To date, David Jones and Will Nuttall have advised verbally that they have applied a “freeze” and I know it is happening, because we are certainly feeling it, but we have only the verbal intention of David Jones, and Will Nuttall. CASA has chosen to stop processing tasks that would normally be processed. I feel that negatively impacts on safety. For clarity, I am requesting that the relevant department within CASA provide written notification in support of the action that David Jones in his role as Acting Regional Manager, and Will Nuttall my CMT3 leader initiated.

Thankyou in anticipation of your co-operation.
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Old 21st Aug 2019, 03:44
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commercial impact 21/03/19. Email to CASA

"My understanding is that CASA has obligations to in fact proceed with these and avoid any unnecessary administrative delays. It is in fact these administrative delays that negatively impact on safety. I would be very appreciative if CASA can expedite the processing of these tasks, in order to minimise any further commercial impact."
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Old 21st Aug 2019, 03:44
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Commercial Impact of CASAs action 21/03/19

21/03/19

Good Morning Mr Will Nuttall,

Thankyou for your correspondence. My reasonable expectation as a business owner is that prior to you initiating that “freeze” on my business, the supporting reasons for that action would be prepared and easily accessible.

From my perspective, the ONLY documents that CASA have sent me, is simply a request for documents. Simultaneously you have applied a freeze on the business that has now continued for a totally unacceptable 5 months.

To be frank, I think CASA has erred. I do not believe that such substantive action could be initiated by yourself, and I firmly believe that both policy and fairness would dictate that I have supporting notification.

To a business owner, it could reasonably be seen to be CASA applying unnecessary administrative delays by your continuing avoidance of addressing this issue.

I call on you again, and appeal to your sense of fairness. Can you please supply the accompanying required CASA documentation. If you feel that CASA has no obligation to do so, then I welcome an explanation. Please attend to this as a matter of highest priority. The effects of this freeze have been well documented in my previous correspondence, so there can be no misunderstanding. This of the highest commercial significance.

Respectfully, Glen Buckley.
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Old 21st Aug 2019, 03:47
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Commercial Impact of CASAs action 09/04/18

09/04/19 I send another email to CASA"I have a business that for 6 months has had a short term expiration date placed on it, and that has had significant effect on morale and peoples concerns for their future security. The entire staff have now been in that situation for 6 months. Many are crushed. Morale is low. We feel as they we have incurred the wrath of CASA. I have not been able to market my product for 6 months, add capability, increase revenue streams, or renew existing capability. The business cashflow has been bled dry as a result of this, my Members have lost confidence and are leaving, I am financially drained, mentally exhausted, my reputation is tarnished, as is APTAs, and my life is pretty much in tatters, so to be perfectly honest, I find the CASA “positioning” disheartening, but not at all unexpected." I look forward to the confirmation from CASA that this 6 month process may shortly be finalised.


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Old 21st Aug 2019, 03:48
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notification of commercial impact

I could go on and on posting correspondence. This is only a sampling of what CASA has put this business through over the last 9 months
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Old 21st Aug 2019, 04:12
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Defending APTA

Thankyou to those who have been following this page, and thankyou to all the encouraging messages that I have received. I intend to keep trying to resolve this with CASA until 5PM this Friday 23rd August. Based on my experience to date, I feel CASA have very little intention to resolve this matter.

I do intend to have CASAs decisions tested in a court of law if they refuse to deal with me.

The commercial impact of CASAs actions on me, my family and my business have left me with no funds. I will potentially be calling on industry to assist me in bringing this matter to a determination.

The first stage is effectively a $50,000 case study, where an Aviation Barrister will pull the case apart, and provide an assessment of the merits of the case. I have established an email address [email protected]

I would be very appreciative of anyone emailing me, if they would potentially be prepared to support me. I am not asking for amounts or any contributions at this stage. I am merely trying to assess if I will be able to move forward with my claims, by gauging interest levels.

I will draw on legal guidance on the best path forward, but I will look at
  1. a single action
  2. a class action with me as the lead litigant.
I feel that my case may have wider benefits for the industry, and that will certainly be my intention. I do intend to shortly write to all Senators calling for support.

Thankyou all, respectfully, Glen.
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Old 21st Aug 2019, 07:55
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Originally Posted by glenb
The new edition of Australian Flying should be hitting the shelves now.

Whilst I have only read the draft, I must congratulate Steve Hitchen on his ability to deconstruct a very complicated matter so effectively. The magazine has long been a great supporter of Industry, and they have risen to the challenge again.
The Flying article has distilled the issues nicely. Kudos to Steve for requesting to interview CASA’s DAS and media officer (they declined) along with further information from CASA (minimal response was provided).

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Old 21st Aug 2019, 10:38
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Once the Flying issue has had a decent run off the shelf, I would love to read it sometime if it or a link were posted on Pprune.
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Old 21st Aug 2019, 14:26
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Originally Posted by Stickshift3000


The Flying article has distilled the issues nicely. Kudos to Steve for requesting to interview CASA’s DAS and media officer (they declined) along with further information from CASA (minimal response was provided).

Got the magazine today and read it tonight. Great article. Very damning for CASA IMHO. I hope they are made to pay and pay big. As others have advanced here, Glen is one of the most decent people anyone could hope to meet. What has been done here is no less than an act of amoral repugnance or incompetence or both and there needs to be a severe penalty to to perpetrator so they learn the lesson of how to behave with industry in future.
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Old 21st Aug 2019, 14:54
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zanthrus, can I respectfully ask that you purchase the mag. I've read the article but will be heading out to purchase it. A lot of people put their nuts on the line, Mr Hitchen is one of them. Their endeavours deserve reward, I'm not talking personal reward but making a magazine strong and viable.
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