Notice the header of the GoFundMe has been changed from "Glen Buckley and APTA v CASA" to simply "Glen Buckley v CASA".

Yep been that for a while now.

Oh the "Legal Team" such an honest mob!

P.S. Past the 1/3 mark to first target.

$16,723. So far

https://www.gofundme.com/f/glen-buck...Xpz3Mt3w1v5h0A

We do indeed have an equivalent.

https://www.owenhodge.com.au/blog/pr...el-what-is-it/

Its like going to my own funeral
 

I was driving with my Dad yesterday, and he was checking how I was going.

I said, "Its pretty good, I might be the first person in the world, to go to their own funeral".

He was driving, and the car swerved slightly. He doesn't come on Prune, so its safe to say initially I didn't know if it was his "elderly" driving, but quickly noticed the concern on his face.

In the interests of road safety I quickly explained myself.

"Every other pricks dead at their funeral. I get to see all the comments of 25 years in aviation while im still alive. Its great!!!"

By the time we got to the café, I could confirm it was in fact, his elderly driving.

My family have cleared the decks for me this weekend, but I will devote this weekend to getting back to everyone, and thanks for all the support. On old industry stalwart came up to me today. Concerned about me "taking on CASA". He had tried before, and many had before him.

The difference. Poor governance can now be held to account via social networking. Those around me know how much I dislike it. But, like many of the younger people today. Im certainly receiving a groundswell of support that wouldn't be available before all that came in. Anyway I will be on here a bit over the weekend.

Thanks again for all thev support. This time. Its really gonna happen, I believe.

You would not believe how many calls I get from people whose lives have been destroyed in a manner similar to mine. Today, a gentleman living in a caravan park with his wife. Elderly, and not by choice. (Editing for clarity. I was referring to the living in the caravan park. Im sure he is married by choice,)

This must lead to a Royal Commission, Judicial Inquiry, or Special Ministerial Inquiry. We are an ICAO contracting state. Not a Banana Republic!!!

Glen what does a dad say when nearly $20k is donated in just a few days by often strangers?
Must be pretty surreal and not just to him.*

Recent development's in Glen's struggle suggest his thread should be moved to our principal Aviation News Forum.

The thread title has been changed to more accurately reflect the current course of this matter - it is now more Glen Buckley versus CASA.

This thread now has the potential capacity to change CASA's philosophies, policies and actions.

Tail Wheel

Letter to protect my reputation- Glen Buckley
 

Subject : Potential impact of CASA actions, on Glen Buckley’s livelihood.

Saturday 31/08 19

Dear Mr Jason McHeyzer - CASA Regional Manager.

I am writing to you in your role as the Regional Manager for CASA.

I note that you are also a Subject Matter Expert (SME) on my matter. You have perhaps, the most comprehensive knowledge of any person within CASA. You have been involved since the very beginning, and been involved throughout. The handwritten notes that you left with me after our meeting way back on the 29/11/18, clearly indicate that you were acutely aware of the impact on me and my business back then.

You will not refute; all my engagements with CASA personnel on all matters regarding my employment as the CASA approved CEO, a CASA approved HOO, and currently in the role of Standby HOO, have been conducted by me, in a highly professional manner. My primary concerns are “safety, compliance, and the very best outcome for anyone affected by this current issue”.

I have significant “personal” differences with CASA at the moment, but my professional conduct in the work place in all CASA engagements has been exemplary. I have been warm, engaging, courteous, respectful, supportive, and professional. I have not compromised my professional integrity at any stage. You will not disagree.

You are aware of my view on Organisational ethics. I have an expectation, in any organisation including my own, and CASA, that when ethics, safety, or procedures are being compromised; as Professionals, we must make a decision. A decision to stand aside from that process and show leadership and integrity, or a decision to become complicit.

I sent the following email to you last Thursday morning. It has not been acknowledged, and I do require it acknowledged.



“Dear Jason,

Can you please advise or confirm that during the last 3 days you have not sent any correspondence to any Employer or potential employer that could potentially impact on any current or future employment for myself. Please advise by 5PM today, to assist me with future plans for me and my family. I call on you to provide that, rather than require me to make a request under FOI.

Glen”

To be frank. If you have made such a decision, and taken such a course of action, then you have over stepped the mark.

You are aware that this process has cost me everything. If you have taken any action to affect my future employment, I have a reasonable expectation that you can justify that on legitimate grounds.

Therefore. In the interests of protecting my reputation, I have advised you, that I have made a Freedom of Information request for that information to see if any such correspondence exists.

This correspondence is also being submitted simultaneously to the Industry Complaints Commissioner. I will provide CASA the “first right of refusal”. If the CASA ICC chooses not to deal with it, I will go to the Commonwealth Ombudsman.

My complaint.

If the Regional Manager, has taken action that may affect my opportunity to derive a livelihood, that should be based on justifiable grounds related to

• Safety, or
• Compliance, or
• My professional conduct, or
• Medical grounds.

I should be involved in any such correspondence, and I should at least be made aware of it.

Expected results from the ICC

I be provided with a copy of such correspondence if it exists.

If it exists, CASA issue a public apology to protect my professional reputation.

The ICC clearly state if this action by the Regional Manager is a breach of any stipulated procedures.


Thankyou, Glen Buckley


Please note. I will be publishing this correspondence immediately to minimise any further harm to my reputation.

Man, you have to stop this ****.

This tactic of writing letters to people within CASA and simultaneously posting them to Pprune HAS NOT WORKED.

And it WILL not work.

You need to understand that you will never, ever, defeat these guys using this tactic. It has cost you everything, and still you continue.

Please, for god's sake man, get a lawyer NOW. I am begging you. If'd you'd done so at the outset, you'd be in an entirely different place right now.

Somebody needed to say this, and nobody has stepped up.

There is no hope of success here without proper legal representation, and the first thing your lawyer will tell you is DO NOT CONTACT CASA AGAIN!

There is a very long list of (ex)companies that would disagree.

I won't argue the point, but writing accusatory letters and publishing them in public is a surefire way to a) make lifelong enemies, and b) fail in your objective. We are talking about the regulator here. They hold all the cards, and once they circle the wagons, which they've done in this case, you have a very tough uphill road ahead.

That ship has already sailed, so with new funding in place, what's next. I would suggest that a change of tactics is imperative.

Dear Glen

I did my CPL with Melbourne Flight Training 10 plus years ago. You took the time to talk to me, you encouraged me, and you had a great team of highly experienced instructors. I fondly remember the Wings dinner at Brighton Receptions.

Recently I received an email from one of my flying buddies asking me to contribute to the GoFundMe page. He has a big contact list I believe. I then have taken the time to read this thread.

I am sorry that you have ended up in this situation. I was always very impressed with your philosophy and attitude. Running a business is hard enough, but then having the goalposts changed/altered down the track is simply unfair. Good on you for taking this on, you have my sympathy for what this has done to you and your family.

I have donated to the fund. I have also written and left a voicemail for my federal member of parliament. I encourage others to do the same.

I agree with Tailwheels comment - may be this is the thread that can make a difference.

CASA - Should be about safety and encouraging aviation, but at the moment the feeling in my flying club is that CASA is the Centre Against Sensible Aviation.

If there is anything else I can do, please PM. Hope to see you in Safeway again soon.

Blue skies

Jerr

I've been in that dark place. He got nowhere playing straight ball. He's given all and has nothing else to lose. All he has left is to play by his rules.

It worked for me! :ok:

He's going to have fifty grand from the GoFund page (to which I donated from half a world away, even though I've never met him and probably never will). Now, I'd like to think that will give him a fresh start... perhaps some fresh thinking about how to proceed is in order. Continuing to employ tactics that have failed quite spectacularly makes no sense.

I would certainly be agreeing with Smalahove & urging some caution here

I can't see what benefit posting letters , & words written when you are annoyed brings you - how is this going to move you forward ?

It will only make the Regulator more determined to maintain their position

Litigation's in the mid-level & superior courts go on for years & the costs of getting to trial are immense($100K) , not without considering the costs of running a trial ($10K per day)

Everyday people are destroyed in the civil courts every week in Australia , often by their own lawyers who won't hesitate to bankrupt their own clients who can't pay their fees.

Do you really want to spend the next 3 + years of your life doing "litigation" - you won't have time for anything else , this will consume you

What is your "cause of action" ? , do you have one ?

I wish you well Glen but you have to be careful what you wish for

From what Ive heard from contacts that know how he ran his school, CASA could actually do with his skills.

A good example of how they should be run....

Sunny, in cases against CASA the AAT have sided, so no amount of lobbing Senators will count.

There is a parallel with Immigration playing out now over deportation - backed by many, to their Senators to stand up but nothing. (But au pairs are fine to intervene on a Sunday.)

The press pack is required and a well produced one at that.

Jason McHeyzer was a RAAF Navigator in a previous life. It appears he was responsible for the regulatory mess CASA are in. The following link makes interesting reading.
https://www.afap.org.au/LinkClick.as...%3D&portalid=0

Looking at the CASA board I am less than impressed. Even the Minister the Board report to is a lame duck. I am of the opinion there is a conflict of interest having the CEO and Director of Aviation Safety as a CASA Board Member.

The press has started, Australian Flying, a very well respected part of Australian Aviation had the courage to publish on this. Steve Hitchen must be commended for this. If he has a licence he is putting it at risk in the fight against this mob. Most of us have something to lose here, when any of us speak out, CASA will target us. It's a pretty poor state of affairs when you have to donate anonymously, you can't put your name to it because CASA, monitoring this thread, will get you. I have first hand proof of this, it WILL come out when this goes further as the person with the proof has stated they will testify if required.

Glen, I speak to people who've never met you, they are donating, they are making appointments with their local members.

Keep it up, you will have many ups and downs through this. But the most uplifting part of your story is when you have nothing left to lose it's a massive weight off your shoulders.

I don't think people know just how much Glen has lost here. EVERYTHING materially and more. Glen could have easily moved out of GA, but he didn't. GA was his passion, he bought a SIM that was the best on the field at the time. MFT pumped because of his customer focus. I'd never seen anything like it at the time. None of the schools I attended previously came close. MFT CPL graduates pulled jobs on Glen's reputation.

As far as I'm concerned, if this fight is lost, it's all over.

Correct and many have proof if/when required.

IANAL, but in my view he is dangerously close to getting sued for libel. The guy from CASA warned him; it's clear they are contemplating this. Knowing the vindictiveness of this organization, would it surprise anyone if they proceeded?

Smalahove
 

Hi Smalahove.

First and formost, thankyou for supporting me. I will be honest, a small business owners battle half away around the world, probably wouldn't stir me enough to pull out my credit card, and that's the honest truth. You gesture is sincerely and humbly appreciated.

You mentioned that we may never meet. I hope that isn't so. I hope in fact, that everybody on here has the opportunity to meet me face to face and identify themselves. I would appreciate the opportunity to give you a good long handshake, look you straight in the eye, and thankyou.

I do have one particular request for you however Smalahove, after googling your "handle". Can we please go out for dinner, rather than you go to the trouble of cooking, and ahhh, I might choose the restaurant if that's ok.

Someone suggested recently that I should perhaps wind back the clock a bit and provide a background to the current situation, which will be my next post.

Smalahove, may I ask your drink of choice?What would go down well with that?

Legislative background
 

Following is a historical overview to the current situation. Cheers. Glen.

March 2002 In March 2002 CASA commenced the“Part 142 Project”. It was scheduled for completion of implementation in 2005.There was no mention that schools such as mine would lose access to the Integrated 150 hour CPL which my Business derived 90% of its income from.

July 2003 CASA released Notice of Proposed Rule Making (NPRM312FS). It made no mention that schools such as mine would lose access to the Integrtaed 150 hour CPL

2006 I opened my Business, and in accordance with my Business Plan derived 90% of my revenue by delivering the 150 hour CPL. There had been no suggestion that schools such as mine were to lose access to the 150-hour CPL.

December 2011 CASA produced a consultation draft of the upcoming legislation. It made no mention of the loss of the 150-hour CPL to my Business. It dealt entirely with other non-related matters.

December 2012 CASA released the Regulation Impact Statement

February 2013 Part 61/141/142 became law and was scheduled to commence on 4th December 2013. This was a complete overhaul of the entire legislative framework.

Early November 2013 Repeated CASA assurances that new legislation was commencing on 4th December 2013, despite the fact that it appeared to Industry CASA would not be ready.

Mid November 2013 CASA reversed decision and announced delay to Part 61/141/142 until 1st September 2014. This had a cost impact on the business as significant resources had been diverted to the project.

September 2014 New legislation commenced and schools had until September 1st 2017 to Transition to what was classified as a Part 141 (lower category) or Part 142 (higher category school)

April 2017 APTA completed Transition approximately 4 months ahead of schedule.

In December 2012, CASA released the Regulation Impact Statement (RIS) on the impact of the new regulations (Part 61/141/142) on Industry. This Regulation Impact Statement covered in detail the proposed CASA changes and their impact on Industry. Significant decisions were made by CASA based on this document, and my own Business depended on its contents. I trusted it, and it was grossly inaccurate. With the passage of time that statement is easily supported and 100% of Industry will concur.

I will draw your attention to the section that addressed the impact on business.g with the impact of the proposed regulations on Businesses

“Businesses- The existing flight crew training businesses will be required to meet new standards, however, again, whilst these represent a deviation from existing standards the changes are relatively minor, which is supported by the feedback that CASA obtained from the consultation process”

There can be no doubt that statement was grossly incorrect. In fact the changes were the biggest changes ever to the flight training industry in Australia, and that has been the experience of the entire industry.

Importantly, the RIS still did not mention any suggestion that my Business was to lose access to the 150-hour CPL. We now know that the RIS was substandard at least.

Under FOI I obtained documentation and I wholeheartedly disagree with the statement, “which is supported by the feedback that CASA obtained from the consultation process”. The information released to me by CASA under FOI does not support that contention and in fact I claim that to be an untruth.

In fact the proposed changes were not supported by feedback from Industry.

The new legislation was scheduled to commence on December 4th 2013.I prepared as best as I could. This included contractual obligations with staff and significant diverting of resources. This process was made substantially more difficult as CASA obviously had not finalised most of the supporting material, and particularly did not have a finalised Manual of Standards which was the underpinning document for flight schools to prepare. I asked CASA if there was any guidance material to prepare. I was told that “the expectation was that a Part 142 School would have the capability to do it without guidance material.

I had invested significant time and resources into developing my own material, when CASA reversed its decision and in fact released guidance material. My investment in time and resources had been wasted, and the process re-commenced drawing on aspects of the guidance material.

In early November 2013, I received repeated assurances from CASA that the legislation was proceeding in approximately 5 weeks’ time on December 4th 2013. This seemed absurd to me as CASA had not finalised the Manual of Standards (MOS) which was the underpinning and essential document for Flying Schools. CASA repeatedly assured me the legislation was proceeding. Nevertheless, the investment was made, and I was prepared.

Two weeks later CASA reversed their decision, and delayed the commencement until September 1st 2014, with a requirement for Businesses to have completed the Transition to a Part 142 Organisation by September 1st 2017.

My Organisation was one of less than 10% of Australia’s schools that met the CASA deadline of September 1st 2017, as I was required to, and in accordance with CASAs desire for Organisations to Transition as soon as possible. I achieved a date of May 2017, approximately 4 months early. The number of hours devoted to this project was significantly in excess of 2000 hours , and that is in line with other operators experiences.

One month after I completed the Transition, CASA announced yet a further extension to the deadline of September 1st, 2018. I estimate the cost of that delay to my Business to be conservatively a further $600,000 in direct costs. I was effectively left with a “white elephant” but stuck with the additional costings associated with the 142 Approval.

In September of 2018, CASA introduced the delayed legislation.

I presume you meant to say "... sided with CASA"?

From an article by Paul Phelan in Australian Flying:
Don't bet on it! :} CASA hates being questioned by politicians. Warren Entsch MP has been known to bring pressure on CASA.

It appears Glen Buckley has been stone walled, hung out to dry, denied natural justice and review in an appropriate Court. He has nothing more to give or lose. This forum and selected media is now his only recourse, as all other avenues have been denied by CASA.

I'm impressed with how his plight has motived a very wide cross section of the Australian aviation industry. Even this PPRuNe thread now has 432 posts, 168,298 views and assisted in raising $20,808 from 111 concerned people. The funds raised may not reach the $50,000 for a lawyer review, but they certainly give Glen funds to keep fighting.

I suspect a few in CASA may be concerned with how and when this will all end. :ok:

From an article by Paul Phelan in Australian Flying:
Quote:
24 Mar 99:
In a pre-hearing teleconference between Uzu, CASA and the AAT, the Tribunal indicates that it expects CASA to restore the AOC by close of business on Mar 26, provided the three CASA conditions are met (which UZU insists they already are).

In anticipation of a full AAT hearing the following week, UZU has already applied for summonses requiring CASA personnel to be present at the hearing. This means they will almost certainly be called upon to give evidence and to face cross-examination.

The AAT official indicates that she will be in her office for a further half hour after close of business, and that if the AOC is not restored by that time she will arrange a "substantive" hearing on Monday 29.

Late on Friday afternoon, CASA blinks. In a faxed message UZU is advised its charter AOC is restored "subject to the company implementing Class A maintenance” and check and training - a unique requirement, but at least the company is back in business.


https://www.ch-aviation.com/portal/airline/7UZ


Interesting as are the related topics below.

A skilfully mismanaged stuffup | Pro Aviation

CASA tried every trick to avoid this - I don't think they wanted Assistant Director "Mumbles" cross examined! :}

To clarify, whilst Uzu Air's AOC was restored and they were awarded one of the first "low capacity RPT" AOC's by the Director of CASA personally at Horn Island, 66 days grounding and the loss of over $300,000 took their toll and the company was eventually voluntarily wound up for financial reasons. (Even then, vindictive forces within CASA tried to embarrass the Director for "taking control of an aircraft", a totally fallacious accusation).

Exactly what it appears a totally unaccountable CASA are now trying to do to Glen Buckley.

As a CASA FOI (one of the honest guys!) mentioned to me at the time "If CASA was required to hold an AOC it would have been cancelled years ago!"

Does that mean that in the aforementioned case, UZU was only trying to get the AOC restored but didn't sue for financial loss ensuing from the wrongfully withdrawn certificate? It feels very inadequate a judgment in UZU's favour if it wasn't accompanied by financial reparations for the shortfall incurred to be made.

Ha ha ha! Your sense of humour is intact, I see.

I honestly have no idea. I'm not sure I could manage anything after such a delicacy. But I'll be honest with you, I'll drink anything that's not water. ;)

Okihara, sue CASA for compensation - with what? The cash tin was empty.

Do you have any idea what it costs to sue the Commonwealth, or any entity with 24 million shareholders able to hide behind an Act of Parliament?

CASA knows it can operate totally unaccountable, denying natural justice and in a rogue manner outside the bounds of common decency.

It harbours a select group, devoid of morals, unable to get real jobs. The sad part is that the honest, competent professionals within CASA - and there have been many over the years - ultimately get frustrated and leave.

I call it the "alternating CASA narrative"
 

The Executive Manager of Regulatory Services and Surveillance travels from Canberra to Melbourne to overview APTA on Friday 11th January 2019.

He elects to extend his visit an additional day, so that he can conduct an onsite visit to the Ballarat operation on Saturday 12th January 2019.

That visit proceeded, and in fact the aero club received an email from the Executive Manager of Regulatory Services CASA.

That email stated
“ I thank you, fellow Board Members and staff from the BAC for your briefings on Saturday 12 January. My observations and the feedback provided provides strong support for the APTA model, and more importantly, evidence for a model that can assist ongoing flight training by regional and/or smaller aviation providers in a contemporary regulatory environment. My appreciation to you all – safe flying”

I was very much under the impression that the “revised CASA view” was very supportive, based on the above email.

In more recent correspondence released by CASA they have tried to paint a picture that there were concerns about the Ballarat operation. This “backflip” by CASA concerned me so I sent the following request under Freedom Of Information request on 20/08/19

Dear Mr Gobbitt, On Saturday 12th January 2019 , Mr XXXXXXXX, attended the Ballarat Aero Club to make his own assessment of APTA. He did this in his senior position as the Executive Manager Regulatory Service and Surveillance. Under FOI, may I request the notes that were made by him related to that site visit. Thanking you in anticipation of your co-operation, respectfully, Glen.

The response from CASA to the Freedom of Information request;

“I am the decision maker for your request. In accordance with subparagraph 24A(1)(b)(ii) of the ACT, I refuse your request for access as I am satisfied the documents you are seeking do not exist

Really?, One of CASA most senior executives travels from Canberra to Melbourne to look first hand at APTA. He then elects to gret a hotel and a rental vehicle and stay an extra day, and travels down to Ballarat Aero Club (1 ½ hour drive), spends a significant amount of time talking to everyone, gains a positive overview, and heads back to Canberra. Surely there would be something. Some kind of a report. Anything.

Of course it could be that the report was so supportive, that it had to “disappear”. It was clearly stated to me and my father that report would be prepared. I would reasonably expect that to happen. I cannot accept that “the document does not exist”

Side note. The Executive Manager Regulatory Services and Surveillance reports directly to the Head of the Aviation Group, Mr Graeme Crawford.