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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)

glenb 4th Dec 2019 23:16

If i were on the CASA Board......
 
I would initiate immediate changing of the wording in the current Civil Aviation Act from (note bolded text),

8 Establishment of CASA

(1) An authority called the Civil Aviation Safety Authority is established by this subsection.


(2) CASA: (a) is a body corporate with perpetual succession; (b) shall have a seal; and (c) may sue and be sued in its corporate name.Note: The Public Governance, Performance and Accountability Act 2013 applies to the CASA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of CASA appearing on a document and shall presume that the document was duly sealed.


9 CASA’s functions

(1) CASA has the function of conducting the safety regulation of the following, in accordance with this Act and the regulations:

(a) civil air operations in Australian territory;
(
b) the operation of Australian aircraft outside Australian territory;

(ba) ANZA activities in New Zealand authorised by Australian AOCs with ANZA privileges;
by means that include the following:

(c) developing and promulgating appropriate, clear and concise aviation safety standards;


(d) developing effective enforcement strategies to secure compliance with aviation safety standards;
(da) administering Part IV (about drug and alcohol management plans and testing);
(e) issuing certificates, licences, registrations and permits;
(f) conducting comprehensive aviation industry surveillance, including assessment of safety‑related decisions taken by industry management at all levels for their impact on aviation safety;

(g) conducting regular reviews of the system of civil aviation safety in order to monitor the safety performance of the aviation industry, to identify safety‑related trends and risk factors and to promote the development and improvement of the system;

(h) conducting regular and timely assessment of international safety developments.


(2) CASA also has the following safety‑related functions:

(a) encouraging a greater acceptance by the aviation industry of its obligation to maintain high standards of aviation safety, through:

(i) comprehensive safety education and training programs; and

(ii) accurate and timely aviation safety advice; and

(iii) fostering an awareness in industry management, and within the community generally, of the importance of aviation safety and compliance with relevant legislation;

(b) promoting full and effective consultation and communication with all interested parties on aviation safety issues.



TO;

aviation safety standards must meet three criteria. They must be. Simple. Accountable. Effective

CASA failed with Clear and Concise. Those three words if executed will improve safety, stimulate small business and craete jobs. It must be executed though.

glenb 4th Dec 2019 23:43

My wifes letter
 
I appreciate that this is a very public and open display, perhaps too much so, but with my wifes permission I am going to publish her letter. Please understand that I have truly lost absolutely everything over this, I really have. My last opportunity to salvage my life was the job I secured, but the Regional Manager directed that my position was "untenable" in light of my public comments. Recognising that I will not be able to continue in the aviation industry, I am actively taking steps to get myself employed. My age, and the time of year are not conducive to a career change, but it will happen.

I had come back from job hunting to a pile of bills that included, fees for my taxi licence, and bills from State Revenue Office, Infiniti financial, my sons school, Optus, Red Energy, Yarra Valley Water, Allianz, Alinta energy, Print Management facilities, Avdata, Australian Super, an MFT phone system lease, ASIC, Telstra, Thrifty, Esanda, and the ANZ. When APTA was operating I had 3 admin support staff. Im trying to battle through all the ongoing business obligations single handed and with a very low level of computer literacy. It became a bit overwhelming, and I exited for a lengthy stroll.

My wife penned this letter which she sent unbeknown to me.

Dear Jason, hi my name is Sonoko Buckley, I am Glens wife. I am not a native English Speaker. I just cant understand how you can be so cruel and unfair to someone who doesn't deserve to be treated like nothing. Glen is the person who thinks of others first before himself, always trying to help, always making people happy, being fair to people, was very generous and kind to employees. I wish you could see what you did to Glen. He just doesn't deserve it.

I always knew Glen was helpful and caring to his students and employees but I have lots more respect for him after reading Go Fund Me and PPrune. Please read through agin what people say about Glen and Im sure you realise that its absolutely not fair. I don t think you have any children because your cruelty and arrogance but if you do have children, how can they proud of you for doing the right thing.

I work as a support worker visiting elderly people at home. I work because I love helping people and love making people happy but now im working for moneyt every day to support Glen and children. We don't even have money to buy any Christmas presents for our children. It is just not fair. You people are so cruel. Im hoping you can stand up and act like a real man.

I am hoping you don't celebrate Christmas with your family or you aren't going for a holiday. I know its a bad thing to say but im so angry because its just not fair.


I can tell you if something happens to Glen as he is miserable and not healthy, im not going to forgive you and your parents who created you, like you are now, for the rest of my life.

Kind Regards, Sonoko Buckley



Disclaimer; She sounds like a real hardarse there. My wife works with hundreds of other carers in a large organisation. She recently got voted in the top 5 staff. I promise you all. She really is a sweetie







buckshot1777 5th Dec 2019 03:36


Originally Posted by glenb (Post 10632739)
My wife penned this letter which she sent unbeknown to me.

Dear Jason,

Who is "Jason"?

Edit: OK - his name didn't come up on the board or org chart, till I drilled down to Regulation Development and Implementation Branch Manager.

glenb 5th Dec 2019 03:42

Who is Jason?
 
Jason Mc Heyzer, Regional Manager CASA. The gentleman that directed my employer that my position was untenable based on the comments I was making publicly!

Bend alot 5th Dec 2019 07:07

$51,382 on the GoFundMe.

Target exceeded.

Merry Christmas to the Buckley family.

Stickshift3000 5th Dec 2019 07:53

This is Jason McHeyzer: (public photo courtesy of LinkedIn).

I must admit that reading his LinkedIn profile gave me a big laugh - every cliche in the book. Very difficult to tell whether he’s working at CASA or for the ADF...

https://cimg1.ibsrv.net/gimg/pprune....b2bad3f99.jpeg

Lead Balloon 5th Dec 2019 08:14

My wild guess - which may be inaccurate - is that Jason was lined up to be the patsy to deliver the melancholy news about CASA’s interpretation of the word “employee”. CASA’s always looking to find a pasty to do its ‘dirty work’.

Lead Balloon 5th Dec 2019 08:18

Glen:

Please, please (please) spend some of the crowd-funding on some legal advice.

Paragraph377 5th Dec 2019 11:13

Part of Jason McShiser’s LinkedIn profile says;
  • Negotiate ‘win-win’ solutions
  • Do ‘the right thing’
Is that crap for real? ‘Do the right thing’ - isn’t that something a kid would put on his first resume so he can get a job at Maccas?

Sunfish 5th Dec 2019 11:30

This thread needs to be saved and copied and archived and a new one started. The reason is that this could potentially end in a referral to the AFP. Enough of the personalities.

Global Aviator 5th Dec 2019 11:57


Originally Posted by Lead Balloon (Post 10632949)
Glen:

Please, please (please) spend some of the crowd-funding on some legal advice.

This has been repeated multiple times, what’s going on with the legal side?

glenb 5th Dec 2019 18:26

Legal update
 
Good morning folks.

I will get back on during the day or evening, and I must be somewhat careful.

Firms have been met with.
Some people of "note" who have been able to facilitate introductions to firms and personnel that I could not have achieved alone.
A substantive team has been decided.
Two meetings have been conducted.
An ENORMOUS body of well documented files by person and topic have been prepared submitted and reviewed two weeks ago to the legal firm
An initial review has been completed.
At this stage it is worth proceeding.
The firm contacted me yesterday, and generated the first invoice of $9990 was been given to me yesterday.
I attempted to transfer funds for that payment, last night but was limited by a $1000 limit.
The invoice will be paid in full today for Stage One.

For CASAs clarity. At this stage, I am reviewing my options. No legal action has formally commenced, therefore CASA should continue as normal at this stage. This is simply the process funded to see whether or not I have a valid basis for a claim.

Until that action is commenced, CASA are fully aware that my preference is a resolution through well intentioned face to face dialogue. Multiple formal requests have been made, and they have not been accepted by CASA.

If CASA force me to initiate a large law case, it will happen if CASA choose this as their most preferred option.

On receipt of the first transfer,which will be made today, the process will commence.

Regarding the Go Fund Me. This is for legal expenses only. It is not a case of "use some of the money for lawyers".

My living expenses are my responsibility, and as a family we will attend to those matters.

The generous donations made by supporters will be used for legal matters only.

Should I get this to the Courtroom as is my desire, it will clearly be seen, how may times I tried to avoid this path. It will be clearly evident that CASA forced me down this path.

Tragically, if CASA cannot apply the standards of governance and ethics that are expected of them, the irony is not lost on me that i have to actually initiate a large legal action to ensure that CASA does apply those standards that are imposed on them.

I might be the first person to take a safety regulator to court to make sure they actually do their job.

This entire process could have been avoided, had CASA followed their own Regulatory Philosophy and Administrative law.

There can be no doubt that CASA have already invested many hundreds of thousands of dollars into bringing me down.

Funds and peoples time that should have been directed to aviation safety has been redirected to crushing me.

Irrespective of the legal determination, a very public display of the culture of CASA is now clearly on record.

dreamagicz 5th Dec 2019 18:56

Finally!
 
Good to see that GoFundMe campaign reach its goal!

Flaming galah 5th Dec 2019 21:09

I’m a bit confused about why Glen is continuing to try and engage with CASA? Cut to the chase!

Paragraph377 5th Dec 2019 21:24

Is the timing right, finally??
 

Scomo, the Pentecostal speaker of tongues, recently announced his boning of some of the APS head piggies, rolling 18 departments into 14, sadly it would appear that once again CASA escapes the Grim Reapers sickle, an opportunity well missed. What is interesting is that Mike MrDak spent around 20 years as the head Secretary of Infrastructure, which had CASA in its portfolio. Smart bureaucrat, a survivor, but one that had no control over CASA in reality. He went across to Communications as Secretary and has fallen on his sword over the Robodebt disaster, amongst other things. So with the biggest changes to the APS since the 1980’s, maybe Glen’s timing is the gift we’ve all been hoping for?

Glen’s case at this point in time might be fortunate in some respect. This Government is certainly not very embracing of bad publicity or high level incompetence, so perhaps Glen’s actions are enough of a blowtorch application to force the CASA rocks in Canberra to be moved. The organisation needs a complete overhaul in its executive level, a change of direction, a change of department name, and the removal of the last Iron Ring members and their fledglings waiting in the wings.

All good viewing from the armchair....

glenb 6th Dec 2019 00:06

A good question. Why do i continue to engage with CASA
 
I comprehend that there are individuals on these posts that have "industry leading knowledge" of the legal aspects of my case. The weighting of those contributions is acknowledged, appreciated, noted, and accepted. This thread is a very public record, and would be essential reading for anyone involved in my matter with similar levels of expertise. A valuable network has also been established. I also appreciate that such learned persons would look at thiks from a more prcatical and emotional standpoint than i.

The legal argument is only one aspect, and that will be played out i assume in a Court of Law. Recall that this matter commenced 6 months before i went public on pprune, when i became convinced that i had no other option. What you have seen on here, is the mere tip of the iceberg, i can assure you. All will be revealed.

I have never blindsided CASA. I have forewarned them of my next course of action, confidentially on all occasions. They have made decisions, and effectively chosen the path of this journey. Multiple, well intentioned and fair options have been presented. The Board has had every opportunity to determine if ,in their opinion, the principles of good governance have been applied.

But this entire situation by its very nature has a bigger purpose. I will transfer those funds to the lawyer 15 minutes before the bank closes today, but that will officially be the end of any opportunity for well intentioned engagement. I will be seen to do everything i reasonably can to avoid that path, right up until the last minute. That opportunity finishers at Bankers hours today.

It will be disappointing. I have been in courts before and had some pretty big "issues" with Companies such as BDO (multinational), Toyota, Fairwork, and never had to use a lawyer.

The process is simple. You turn up. You turn up well intentioned. You tell the truth. A learned person makes a decision. You shouldn't need a lawyer.

You need a lawyer when you have concerns the other party will turn up, but may not be well intentioned, or may not tell the truth. I recognise I definitely need a lawyer!!!!!!

This argument must be played out in public because it is much bigger than Glen Buckley and affected parties getting fairly compensated.

CASA has chosen to make it a bigger argument, not me.

The truth is ( I hope this doesn't come out the wrong way, gulp)

If I was a Chinese Australian, an Indian Australian, a Philippine Australian, or any other newer Australian. If I was a female. I would have failed, and I still may. Unfortunately for CASA I was born here and from day one every Australian value has flowed through my blood. A small team of bullying men, isn't going to stop me.

Unlike any other Country in the world. I know that if I firmly dig my heals in for what is right, and stand by my ethics, act only in the truth, am well prepared, and steadfastly refuse to be bullied or intimidated by CASA, I will actually prevail, and I know it.

Its just unfortunate for CASA that they picked on me. There is no safety case. There was no accident, no plane slid off a runway or even dinged a wingtip. No rules were breached and still CASA remain unable to make a decision.

If this matter does not effect the required change in CASA the industry really is doomed, and sadly I will agree with Dick Smith on this matter.

It will effect change.

It may be that the law firm comes back and says. Glen. Your right. Those men ( and they are only men) aren't very pleasant, and they certainly pushed the boundaries but they gotcha.

In that case it will be over for me, but a very public record will be left. Eventually change must come. Lets just hope that it comes quick enough that all the well intentioned personnel within CASA can stick it out, and operate in the environment that they would prefer to operate in.

Assuming that i have to go to the bank late today, i suggest that Mr Graeme Crawford the Aviation Group Executive Manager who would be the accountable person i assume, would walk across to Dr Alecks office (Executive Manager of Legal and Regulatory Affairs) and say "Here, have your baby back".

Irrespective PPrune provides my one and only forum. I chose it, because it is appropriately discrete, as opposed to other social media options, i can get support via these pages and until you've walked in my shoes you wont appreciate how important that has been, and continues to be.

The legal argument is one argument, my challenge is to continue on here and not compromise that process. If anybody believes that any comment on here may compromise that process, i would appreciate them reaching out, and establishing contact.

Cheers. Glen.

Everyones involvement on these pages is important and appreciated.

zanthrus 6th Dec 2019 14:41

Go get the bastards Glen!

bloated goat 6th Dec 2019 19:06

Think about it?
 

Originally Posted by zanthrus (Post 10633799)
Go get the bastards Glen!

Mr Glen Buckley should be the next CEO and DAS of CASA.

Sunfish 6th Dec 2019 21:04

My thinking is that the Senate review, plus the restructuring of Ministries announced last week is a perfect opportunity for CASA to delay any and all action on anything at all as well as muddy the waters of regulatory reform.

glenb 7th Dec 2019 06:35

Legal Update
 
Thankyou everyone for the support and comments on the Go Fund Me page. Im pleased to say that we reached the target, and i have just completed one of my first ever internet banking transactions. The first payment of $9900 has been transferred to a legal firm, and the formal assessment will begin.

An extremely nervous wait for the result, but it will be shared. Thanks, Glen


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