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-   -   Glen Buckley and Australian small business -V- CASA (https://www.pprune.org/pacific-general-aviation-questions/620219-glen-buckley-australian-small-business-v-casa.html)

thorn bird 26th Oct 2019 14:41

Remarkable Glen,

How to pedal a bike backwards methinks.

Flaming galah 26th Oct 2019 19:50

To quote old mate LB, that ‘apology’ is a study in sophistry.

Sunfish 26th Oct 2019 20:28

CASA deal in words. That is their trade. The apology is insincere and in this case merely confirms the original intention of the writer.

What was the purpose of CASA uttering that letter except to get you fired?

‘’Furthermore, the writer is in contempt of Parliament because NOTHING is allowed to prevent a member of the public writing to an MP or Senator, nothing, least of all the admonition of a public service employee.

Lead Balloon 26th Oct 2019 20:53

Indeed. One wonders who drafted such an exquisitely precise piece of sophistry in an attempt to make the reasonable implications of Mr McHeyzer's original words, in context, go away. (Actually, I don't wonder.) It's not about GlenB's apprehension. It's about what any reasonable person would have inferred from the words used, in context.

Flaming galah 26th Oct 2019 21:03


Originally Posted by Sunfish (Post 10604096)
‘’Furthermore, the writer is in contempt of Parliament

No, the writer isn’t in contempt.

Lead Balloon 26th Oct 2019 21:04


Originally Posted by Sunfish (Post 10603824)


If he really said that, then this is lunacy! The entire body of statistics including probability exists to stamp out this rubbish.

To put that another way, unless you have detailed knowledge of the population, you cannot make such sweeping statements. You don’t know if your apparent “cluster” of events is purely coincidental and that is even assuming there is a common cause, without knowing the baseline accident rate and the standard deviation.

Given what is called “infant mortality” in maintenance, CASAs new rules on Angel Flight may even increase the accident rate.

He really said that (if we assume - as is reasonable - that the Committee is quoting from evidence given by Dr Aleck to the Committee).

They can - and do - "make such sweeping statements" and go forth and make regulations on the basis of what may be a purely coincidental cluster. And in the case of the imposition of more maintenance requirements upon aircraft involved in Community Service Flights, there is no evidence of any causal connection between a lack of maintenance and either of the Angel Flight accidents but plenty of evidence to show that more time-based mandatory meddling increases the risk of 'infant mortality'.

The ghastly irony is that CASA has probably made CSFs more risky. Fortunately, for those exposed to the increased risks, the risks remain remote.

Why does CASA regulate in this way to achieve these outcomes? In the interests of "safety" of course.

Lead Balloon 26th Oct 2019 21:08

I think Flaming Galah is correct. The corro has nothing to do with contempt of Parliament.

zanthrus 26th Oct 2019 23:53

I think having contempt of Parliament is our right and well justified. It is not an offence. Most of the citizens of this country would likely agree that politicians are useless.
However this is irrelevant to Glen's matter.

glenb 27th Oct 2019 04:58

The effect on APTA members
 
Much of this has been about the effect on me, but perhaps its worth recapping on the effect on some of the other businesses. Obviously, I would have to take legal advice, but my intention will be to involve all parties effected by the action undertaken by Mr Crawford, Mr Martin, and Mr Mc Heyzer.

APTA had a number of members and these included MFT, AVIA, LTF, ARC, BLT Aero Club, LTV aero club, Sim jet, Chartair, White star, and had another two members about to join.

By joining APTA these organisations came under the one authorisation. Systems were standardised and centralised. The systems were robust.

As these members have been forced into breaking away from APTA, they have lost significant capability. Lets look at the BLT and LTV aero clubs.

As a member of APTA they had access to

A robust and well funded safety department, able to gather and act on group statistics.
Registered Training Organisation approval to deliver a Diploma in Aviation.
The ability to enrol international students
Ability to deliver the integrated 150 hour CPL as opposed to the 200 course with GST.
Ability to deliver contracted check and training to charter operators
High levels of redundancy through 3 X CASA approved HOOs, 2 X CASA approved Safety Managers, and 2 x CASA approved CEOs.

By Brad Lacey initiating a complete reversal of the previous CASA approval, the aero clubs are substantially effected,

The aero clubs will be "cut loose" and have to find their own way as Part 141 only, with the loss of capability that comes along with that.

All so totally unnecessary, and avoidable had my FOI, Mr Lacey acted with a modicum of good intent. Could be done. Far more satisfying obviously for him to act in a more clandestine manner, and bring harm.

Seriously, Mr Carmody, where do you find these people, seriously. Horrible people, how can they hold their head high as they skulk around the industry wreaking havoc. Hang your heads in shame







Office Update 27th Oct 2019 05:28

Glenn,

In regards to "crash Lacey" were you still at GFS when "crash" pranged the bosses C-90 King Air?

havick 27th Oct 2019 05:52


Originally Posted by glenb (Post 10604305)
Much of this has been about the effect on me, but perhaps its worth recapping on the effect on some of the other businesses. Obviously, I would have to take legal advice, but my intention will be to involve all parties effected by the action undertaken by Mr Crawford, Mr Martin, and Mr Mc Heyzer.

APTA had a number of members and these included MFT, AVIA, LTF, ARC, BLT Aero Club, LTV aero club, Sim jet, Chartair, White star, and had another two members about to join.

By joining APTA these organisations came under the one authorisation. Systems were standardised and centralised. The systems were robust.

As these members have been forced into breaking away from APTA, they have lost significant capability. Lets look at the BLT and LTV aero clubs.

As a member of APTA they had access to

A robust and well funded safety department, able to gather and act on group statistics.
Registered Training Organisation approval to deliver a Diploma in Aviation.
The ability to enrol international students
Ability to deliver the integrated 150 hour CPL as opposed to the 200 course with GST.
Ability to deliver contracted check and training to charter operators
High levels of redundancy through 3 X CASA approved HOOs, 2 X CASA approved Safety Managers, and 2 x CASA approved CEOs.

By Brad Lacey initiating a complete reversal of the previous CASA approval, the aero clubs are substantially effected,

The aero clubs will be "cut loose" and have to find their own way as Part 141 only, with the loss of capability that comes along with that.

All so totally unnecessary, and avoidable had my FOI, Mr Lacey acted with a modicum of good intent. Could be done. Far more satisfying obviously for him to act in a more clandestine manner, and bring harm.

Seriously, Mr Carmody, where do you find these people, seriously. Horrible people, how can they hold their head high as they skulk around the industry wreaking havoc. Hang your heads in shame

and the sad thing is, this is just the tip of the iceberg with CASA and their introduction of part 61.

best of luck glen, keep at it.

glenb 27th Oct 2019 05:55

The King Air Incident
 
No, I wasn't. That's why I am absolutely flawed that Brad Lacey elected to pursue the initial action on me without any warning whatsoever. I had heard from Industry about his reputation, and in fact he had made an inappropriate comment about me to Industry. I was sure there was going to be an issue, and that's why I formally registered my concern, prior to him transferring to take over APTA.

However, I had never worked with him, and to the best of my knowledge, I never even had a conversation with him. Maybe he thought I was a soft target. That's how bullies normally operate.

Unfortunately he let his own fears and insecurities influence his decision making, but I certainly never worked with him, and in fact wasn't even aware that he had crashed an aeroplane. Was it a "gear up"?

glenb 27th Oct 2019 06:47

Legal action against Jason Mc Heyzer
 
My main matter will continue on, and that is the main issue.

I do however have another case bubbling away, and that is the unfair dismissal claim, due to my employment being terminated on Mr Mc Heyzers instruction to my Employer. I have visited an employment lawyer, and received initial advice. I have given CASA 14 days to sit down and meet with me in a well intentioned manner. CASA history suggests that isn't going to happen, but I will sit out the 14 days. In another 10 days as that counter ticks over, and assuming that Mr Carmody hasn't taken action, against Mr Mc Heyzer, which well know he would never do, I will just have to do it myself.

The point of the email. I get the feeling that some people viewing this may be lawyers, or at least have knowledge on the subject. I want to keep the unfair dismissal separate from the larger case.

So if anybody knows a lawyer, or is a lawyer, and would be able to run with the unfair dismissal case, could you please contact me on [email protected]

Cheers. Glen.

Quite keen to send a strong message to people such as Mr Mc Heyzer, that insist on using bullying and intimidation as one of their "tools"

Sunfish 27th Oct 2019 11:25

It is held that correspondence between a citizen and Parliament cannot be suppressed by anyone for any reason. If a CASA person threatened retribution against someone for communicating with a parliamentary member, it. is up to the privilege committee to investigate and decide if it is interference. If it is they can call it contempt and in theory, get locked up until you purge the contempt.

Courts have much the same rules. I was once asked by a Board to inflict a ‘Clutz” (clayton Utz) employment contract on our staff. The idiots included a clause saying employees agreed not to approach a court to enforce the contract. It was pointed out that any and all judges would go apoplectic if they ever saw such a contract because you can’t prevent someone accessing Government.

The Wawa Zone 27th Oct 2019 19:04

Glen, I do not know you and you do not know me. I have had a bit to do with CASA re AOC approvals, waivers, Aviation Med for eyesight problems, etc, during my flying career and a lot more dealings with Government contractual matters outside of aviation.

I understand the emotional aspect of this situation in which you find yourself, however, having read most of the saga here and elsewhere, I suggest that it is a lost cause. CASA is just a box ticking machine staffed by people with limited time, and the way to feed the machine is with dull mundane compliance, plentiful cheap coffee and even cheaper biscuits, and a play to their egos which are significant and based on their not inconsiderable level of education and experience, eg. Aleck, in many thing excluding (fortunately) actually being able to fly. I did this on numerous occasions by picking the brains of both FOIs and OLC at every opportunity, and knowing backwards the legislation and regulations (and the rest of the rulings and other made-up crap). I was fortunate in having prior legal training outside of aviation.
You have been doing the opposite and word would have come down from above for the lower level CASA minions to get you out of their hair and timesheets.

You seem to have spent a lot of money so far and want to get some return for that by spending more. I'd suggest that unless your legal advice states the cost of obtaining some probability of financial compensation and by when, or you will get and be satisfied with a simple (without prejudice) apology, that you pack it up and start from scratch with a new flying business. It's always hard to de-emotionalise stuff like this and stop the action-response loop running in your head, but I suggest that starting something new will work out better in the long run despite the current bitterness.

havick 28th Oct 2019 01:09


Originally Posted by The Wawa Zone (Post 10604674)
Glen, I do not know you and you do not know me. I have had a bit to do with CASA re AOC approvals, waivers, Aviation Med for eyesight problems, etc, during my flying career and a lot more dealings with Government contractual matters outside of aviation.

I understand the emotional aspect of this situation in which you find yourself, however, having read most of the saga here and elsewhere, I suggest that it is a lost cause. CASA is just a box ticking machine staffed by people with limited time, and the way to feed the machine is with dull mundane compliance, plentiful cheap coffee and even cheaper biscuits, and a play to their egos which are significant and based on their not inconsiderable level of education and experience, eg. Aleck, in many thing excluding (fortunately) actually being able to fly. I did this on numerous occasions by picking the brains of both FOIs and OLC at every opportunity, and knowing backwards the legislation and regulations (and the rest of the rulings and other made-up crap). I was fortunate in having prior legal training outside of aviation.
You have been doing the opposite and word would have come down from above for the lower level CASA minions to get you out of their hair and timesheets.

You seem to have spent a lot of money so far and want to get some return for that by spending more. I'd suggest that unless your legal advice states the cost of obtaining some probability of financial compensation and by when, or you will get and be satisfied with a simple (without prejudice) apology, that you pack it up and start from scratch with a new flying business. It's always hard to de-emotionalise stuff like this and stop the action-response loop running in your head, but I suggest that starting something new will work out better in the long run despite the current bitterness.

I disagree, you shouldn’t have to jump to someone’s tune and now at their feet just to gain an approval that you meet requirements for.

Just because you, and admittedly most of us have bent over to some FOI’s demands (that are totally out of their scope etc) doesn’t mean it should be right.

Paragraph377 28th Oct 2019 01:49

Buyer beware
 

Aleck’s background is 26 years at CASA, a legal background before that, time spent in PNG writing books filled with legal scattered baloney and stories about witchcraft, and a long stint at Loyola University. The nutty Professor was also Australia’s ICAO rep for a few years (they hated him and found him to be a waffling old pain in the ass). But he is intelligent in regards to having a legal mind. He has also had a quarter of a century to learn the art of political bull****, obsfucation and bullying. He is the core of the iron ring and has outwitted numerous CASA DAS/CEO’s, Boards and Ministers. That said, he has been gifted much power and he has used it extensively and with great joy to himself over the decades. The Doc has the capacity to crush Glen into a pile of powder, and he will. That said, Glen will go down in the aviation annals as one of the few brave and gutsy combatants of Fort Fumble, someone who didn’t die on his knees fighting.

Glen you have my utmost respect. And you never know, the more the spotlight shines on the Minister the more chances of you scoring a scalp or two. It won’t be Crawford, Carmody or Aleck, but you might get someone.

The Wawa Zone 28th Oct 2019 02:10

You're hardly bending over or jumping to tunes unless you've really stuffed things up with them, but merely playing to their ego's as part of a suite of tactics to get what you want - if they are happy they'll give it to you.
CASA is ruled by fear just like the rest of aviation. CASA people have a fear of being blamed for adverse events within the section of industry that is under their purview, plus they are subject to internal politics as always, and want to cull out the 20% of operators found in the 80/20 rule (Pareto Principle) that will make their lives worse off. Keep out of the 20 and jam yourself well into the 80 and they'll go someplace else to spread their misery.

Sunfish 28th Oct 2019 02:54


Originally Posted by The Wawa Zone (Post 10604855)
You're hardly bending over or jumping to tunes unless you've really stuffed things up with them, but merely playing to their ego's as part of a suite of tactics to get what you want - if they are happy they'll give it to you.
CASA is ruled by fear just like the rest of aviation. CASA people have a fear of being blamed for adverse events within the section of industry that is under their purview, plus they are subject to internal politics as always, and want to cull out the 20% of operators found in the 80/20 rule (Pareto Principle) that will make their lives worse off. Keep out of the 20 and jam yourself well into the 80 and they'll go someplace else to spread their misery.

In other words; go along to get along. Spineless. Why should anyone have to live like that?

Furthermore, investors won’t because of the sovereign risk.

The Wawa Zone 28th Oct 2019 03:29

You are talking about black and white viewpoints, not the spectrum between them on which transactions actually happen.
Living like what ? Regulatory compliance is as much a fact of life as are human relationships other than friendship.
Big investors have very little sovereign risk because they initially reach for their lawyers and political contacts, and if the political benefits are there then CASA will be called in to sit down with the Minister's staff to sort out the details prior to any applications for approvals. The biggest current sovereign risk will come from surprise attacks on politicians by Greta Thunberg and her mass hysteria-generating friends.
Small investors are within the (GA) AOC's management structure and have a sensible chief pilot or CFI to protect them and their wildest ideas from the CASA Man (isn't that an interesting observation ?), within the mechanism of the 80/20 rule that I mentioned above.


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