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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)

zanthrus 15th Aug 2019 23:44

Or simply ignore CASA and keep flying. They ignore us or our efforts to communicate with them. **** em.

Flaming galah 16th Aug 2019 00:38


Originally Posted by Clinton McKenzie (Post 10546281)

I always despair that legitimate grievances are not distilled into the real issues.

13 words of searing accuracy.

LeadSled 16th Aug 2019 01:46


Originally Posted by Clinton McKenzie (Post 10546281)
I’m sure CASA will get around to ‘reforming’ classification of operations ‘soon’. However, I doubt whether the product will be clear or concise or welcomed by industry.

But I could be making it all up and it could all be my fault. Feel free to blame me if it makes you feel better.

Folks,
I am going to weigh in to this one, and say that the "legal" basis for this interlude was incomplete "consequential" amendments from a period of regulatory "reform", by about fifteen years old previous reform that created this situation.
The "mail runs" and similar had existed "since forever", and on Cape York were a considerable tourist attraction, as well as their day to day reason.
The regulatory shortcoming, planned but uncompleted consequential amendments, had long been known (the said 15 years) but effectively ignored, until the right combination of circumstances occurred, including a Director who announced "We are policemen -----etc".
There was more than one case of long existing mail run operations selectively put out of business during this period, on the accusation of conducting illegal RPT, but the real reason being some kind of "get even" situation.
That Uzu had an aircraft accident only compounded the issue.
Tootle pip!!
PS: So, the question is: Has CASA got (a) better (b) worse (c) hasn't changed ----- over the years.

chute packer 16th Aug 2019 06:49


Originally Posted by zanthrus (Post 10546344)
Or simply ignore CASA and keep flying. They ignore us or our efforts to communicate with them. **** em.

While not quite the same would a letter from the lawyers outlining all the attempts and timeline to seek clarifications and meetings, and tell CAsA that if they don't respond in X days you'll take that as approval to continue as before?
Yeah I know....but f me, they really a pack of................

glenb 19th Aug 2019 02:06

Australian Flying magazine-APTA
 
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.

If you are at the airport or passing a newsagent, can I suggest you avail yourself of a copy. Despite my best efforts I feel this matter is only going to escalate, and perhaps significantly.

This may become an important issue for the wider GA industry, and the magazine article is a great starting point.

Thanks again all for your support, cheers. Glen.


aroa 19th Aug 2019 02:18

Lets hope it escalates into a Judicial Inquiry or Royal Commission.
The total embuggerance of GA in this country is too vital to be left in the hands of the liars, cheats, discrepant legal acrobats (sic..very sick) and incompetents in NON aviation house.
For Christs sake you Politicians and Senators DO SOMETHING !!!!

Petropavlovsk 19th Aug 2019 09:28

Glenn,

Not sure if it's worth the hassle but; front page of today's (Mon 19th) Australian; BUSINESS section refers to a byline about Morrison holding all government minister to account for actions, the complete article is on page 4 of the business section. It is worth a read …

Sunfish 19th Aug 2019 19:13

From the PM’s speech to the Public Service:


The Australian people need to be at the centre of APS service delivery. That is the thinking behind Services Australia. This isn’t some fancy re-branding exercise.

“It’s a message to the whole of the APS – top-to-bottom – about what matters to people.

“It’s about ‘doing the little things well’ – everything from reducing call waiting times and turnaround on correspondence right through to improving the experience people have walking into a Centrelink office.

“I want to send a message to every single member of the APS, in whatever role you have: ‘You can make a difference to the lives of the Australian people.’

“We all have a job to do and that is to serve the Australian people.

“I’ve talked about the need for a culture of regulatory congestion busting in our bureaucracy.

“That doesn’t mean cutting corners or not meeting regulatory obligations.

“But it does mean being relentless in finding ways to help Australians make things happen and reach their goals. Not sitting passively while families and businesses struggle to navigate rules and regulations.

“We need interactions with government to be simpler and less bureaucratic.

“It’s why I have tasked my Assistant Minister Ben Morton with revitalising our regulatory reform and deregulation agenda, with a new Deregulation Taskforce in the Treasury.

“A key focus is on working with business to identify and remove unnecessary barriers to investment, with a focus on sectors and activities which have the most to gain.

“At the departmental level, Secretaries will need to be proactive in identifying ways to bust congestion in the Commonwealth bureaucracy. And all Ministers will continue to remain responsible for ensuring that regulations in their portfolios are fit-for-purpose.
Applying that standard, I would think that the Department has a mandate to change CASA.

https://www.pm.gov.au/media/speech-i...administration


glenb 19th Aug 2019 22:30

The PMs directive
 
" I want to send a message to every single member of the APS, in whatever role you have: ‘You can make a difference to the lives of the Australian people.’

Dear PM,
I can assure you that there are personnel within CASA that have certainly made a "difference" to the lives of this Australian person and his family.

Could you maybe remind CASA that its supposed to be a "positive" difference. Sometimes it just needs to spelt out "clearly and concisely"

Thankyou from Glen and his family.

Was it Mr Abbott that was "cutting the red tape". CASA wasn't renown for stepping up to the plate on that one either.

Torres 19th Aug 2019 23:31

CASA management believes the Civil Aviation Act 1988, Section 9, condones their depravity to the aviation industry and exempts them from any need to serve the people of Australia.

Lead Balloon 20th Aug 2019 02:50

CASA management and staff aren’t part of the APS...

thorn bird 20th Aug 2019 05:04

Dunno lead, CAsA may not be part of the "Public Service", but lately much of the government bureaucracy has been described as the "Public Sector" guess CAsA would fit into that. Had one FOI tell me they were part of the industry, I asked him which part? the ass end?

" Public service Mandarins have been put on notice that they will have to meet greater community expectations of service delivery, respect the governments policy agenda and remove bureaucracy roadblocks if they want to keep their jobs.
The implicit message to be delivered by Scott Morrison today comes as the Prime Minister warned that his ministers too would be accountable for regulatory reform and policy rigour across their portfolios."

Ahem! PM.... mate. Are you aware of the following in regards to Aviation?

In the general aviation sector of the industry, expectations of service delivery are so far below rock bottom you need two decompression stops to surface.

Have CAsA ever respected Government policy? there's ample evidence they have thumbed their noses at Government Policy. Is it government policy to shut down the GA industry?, they are doing just that by stealth.

How many roadblocks can a bureaucracy put up? In Australia, CAsA have burdened the industry with tens of thousands of pages of very poorly designed, obtuse, indecipherable regulations in the name of 'Safety". In the USA they achieve better safety outcomes than us with less than a thousand pages of plain english rules. Their industry thrives, ours dies.
CAsA's attempts at "Reform", many would say is actually having a detrimental affect on safety. They have been at it for more than thirty years now, and expended hundreds of millions of taxpayer dollars to achieve NOTHING, except a dying industry. New Zealand adopted US regulations in less than two years, spent around five million dollars to amend and modify FAA rules, their aviation industry is thriving.

Your Minister, despite the recommendations from many inquiries and industry groups, obfuscates, and ignores the voices of the industry while CAsA runs amok, killing investment, stifling growth, innovation, incomes and in some cases denying natural justice.

So the big question Mr Morrison is are you really serious about the statements in the above press release or is it just Pie in the Sky?

glenb 20th Aug 2019 05:23

My understanding is that the Civil Aviation Safety Authority is a;

Corporate Commonwealth Entity”, and it does not engage staff under the Public Service Act.

Both bits of information from the following link. https://www.finance.gov.au/resource-...rview/#sectors


The Civil Aviation Act States;

Part II—Establishment, functions etc. of CASA8 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.""



Am I correct to assume “they aren’t bound to act appropriately, only to use public funds appropriately” ?

glenb 20th Aug 2019 05:59

To anyone affected by the closure of MFT i.e. staff and suppliers
 

To All Suppliers of MFT.

I am in a very difficult situation.

CASA placed several restrictions on my parent company, APTA and its ability to conduct business in October of 2018. This lead to the sale of APTA recently, and it’s now under new ownership.

Importantly, at no stage was the CASA action based on any allegations of safety concerns. Also, at no stage have there been any allegations of regulatory breaches that CASA has been prepared to substantiate.

The fact is, there have been no regulatory or safety breaches. None!

CASA actions,
· Reduced our “surety of operations”, to never more than 90 days into the future.
· Prevented me marketing · Prevented me enrolling new customers
· Prevented me renewing approvals as they expired.
· Prevented me adding new approvals.

In October 2018, I identified to CASA that those restrictions on my business, would cost me at least $10,000 per week, to sustain operations until the CASA imposed restrictions were lifted.

Over the last 9 months, I have had to call on MFT to financially support APTA operations, as I had several other operators also depending on APTA for their own continuing operations. It was anticipated that CASA would resolve their confusion in a matter of weeks. I could not possibly have imagined it would continue for over 9 months, and still be unresolved. Those restrictions on my ability to trade have continued throughout the last 9 months, as has the associated stress on both me and the business. I now find myself in the current situation.

CASA has insisted on something they call “direct operational control” and this has required me to transfer all MFT operations to APTA, with the associated income going to APTA (under new ownership) and not to MFT (which I still own). This makes resolution of my current situation almost impossible, but I have called on CASA to define, “direct operational control”. Once I have that defined, it may be possible that MFT can continue, and I can derive revenue from MFT. At this stage there is much uncertainty.

Moving forward

The reality is that I have exhausted everything in fighting with CASA to maintain APTA. I have been left with nothing. No home, no business, no savings and no job, so I cannot promise an easy resolution.

I can assure you, there is not a higher level of shame, guilt and embarrassment that a human being can have, than to owe money, to friends and people that have supported him. I do not have a solution to put to you at this stage. I have no intention of running away or hiding from my responsibilities. I will be working for as long as it takes in an endeavour to ensure that every one of you is paid 100%. No haggling, and no discounting. It is a big call, and that is why I need your input.

As suppliers you have the right to act against me and have me declared bankrupt. I respect that, and can accept, and understand that stance. To be frank, to be declared bankrupt, and go and start a simpler life and concentrate on looking after my family is the easier path, and in the interests of my health, probably the sensible path.But I will head down the path of resolution, and as the saying goes. A journey of a thousand miles begins with a single step.

I want to meet face to face wherever possible and call on those engagements to be respectful. I appreciate that several people are seriously affected, and not just myself. With the restructure in APTA, I don’t have the admin support that I had previously, and as you will appreciate, I have a lot going on. If you have an invoice for MFT, or are a staff member with an entitlement, could you please resend it through to a new email that I have created; [email protected] With the significant change of personnel in the office I need to collate this information accurately in the one spot.

Could I also call for a meeting at 4PM on Friday 30th August. I will advise a venue, but it will be at Moorabbin Airport. If someone cannot attend on site, please let me know, and I will arrange video-conference facilities. Please RSVP by text 0418772013, if you can attend. I will provide light refreshments (bread and water is all I can promise at this stage, but will swing past Aldi for any cakes approaching their "best before")

At that meeting I would like to:
· Stand in front of you;
· Introduce you to each other;
· Assess priority suppliers. i.e. I would call on bigger businesses to help me prioritise any individuals or smaller businesses for payment ahead of them wherever practical;
· Place several options to you for consideration;
· Have a robust, truthful and well-intentioned respectful discussion.

I genuinely want to get money where it belongs (the people I owe money to) and not in the hands of lawyers and accountants; I feel we can hopefully resolve this.

Thank you for your consideration, and more importantly, your support to date.For those that have a deeper interest in my issues please follow the following link https://www.pprune.org/pacific-general-aviation-questions/620219-australian-small-business-v-casa.html

Respectfully, Glen.

Global Aviator 20th Aug 2019 07:31

Glen I don’t know you but have to say reading the above.

Respect. Yep once an administrator gets involved the only people that get money are erm eee the admins.

Hopefully your suppliers will see your having a red hot crack.

Tough industry it is!

Especially when the regulator appears to do whatever they want and know they are unaccountable.


My only other question again - gofundme to take on the empire? Surely there are some very well to do aviation enthusiasts who could start. Even if they are belting around in their own jets, no one is immune to the empire. Just my 3 cents worth. I would flick you a little more than 3 cents if you set up.

Sunfish 20th Aug 2019 07:45

This from an ATO whistleblowers gofundme page:


In the US, people use GoFundMe to crowdfund medical bills because they have a health system unfit for democracy; in Australia, we use GoFundMe because we have a system of civil liberties unfit for democracy.

I would be very grateful if you made a contribution within your capacity to help fund my legal battle against the ATO.
Perhaps a general fighting fund might be a good idea.

https://www.gofundme.com/f/ato-whist...yle-legal-fund

glenb 21st Aug 2019 02:52

Commercial Impact of CASAs action
 
I made many requests to CASA to resolve this situation, and they were fully aware of the commercial impact. Here is my first piece of correspondence identifying my concerns regarding the commercial impact;



24/10/18


Dear Mr David Jones,

I am in receipt of your correspondence F14/9540 addressed to the HOO, Mr Ermin Javier. A

s the nature of the correspondence is quite substantive, I have elected to respond in my role as the CEO. As you will appreciate, I was concerned to receive that correspondence. My initial thought is that something may be “lost in translation”, and therefore I request a face to face meeting with you and the appropriate Personnel within CASA to clarify a number of items.

As you will appreciate my timelines are tight, so I will fit in with your availability. The concept of APTA is sound and we felt that we had a good understanding with CMT 2. As you are aware we have had CASA closely involved during the creation of APTA and the writing of the manuals and procedures, we have had previous bases approved by CASA i.e. MFT, TVSA, LTF, and AVIA.

Through the application of our Continuous Improvement processes we continued to apply the same or improved procedures with our newer Members. I note that many of your concerns relate to the “temporary locations” for which we have a CASA approved procedure.

Our previous consultation with CASA suggested we should plan on somewhere between 6 to possibly 8 weeks for activation of a base from a temporary location to a permanent location. Experience has shown that the last approval took 12 months, and that is the sole reason for the protracted periods. It is simply not practical for Flight Training Organisations to be dormant for 12 months while CASA attends to the Sig Change request. The intent is that we operate a temporary location to facilitate continuing operations, while CASA is processing supporting documentation in the timelines that were suggested by CASA.

I have never had any expression of concern at all from CASA, and in fact we had an extensive Level 1 Audit in November 2017, since our CASA approval. The results were all attended to, and we were commended on the manner in which the entire process was handled. As you will appreciate this 180 degree change in direction was not expected, and it has certainly come from “left field”. I would like to discuss the “trigger”, as to this change of direction.

Firstly, I would like to confirm that the Aviation Ruling in fact applies to this situation. I appreciate that the Aviation Ruling is not a restatement of the law. I believe it was intended for the Charter Industry and CAR 206 operations, rather than flight training, which as you will appreciate is not a CAR 206 activity. It was drafted primarily many years ago for Charter operations in the old regulatory environment.

· 3.2 APTA uses a APTA employees on site as required at the locations. We currently have Company employees based at both LTV and Ballarat delivering the majority of the operations at those locations, and drawing a salary from us. At Moorabbin locations that engagement is achieved by the close geographical location and constant engagement. This face to face engagement on a consistent and regular basis is also supported by our well documented, approved and operating procedures. We regularly accommodate and base our personnel at these bases, conduct regular meeting and rove amongst the bases consistently.

· 3.3 All operations are highly supervised by the Chief Pilot. The Chief Pilot is role in a charter organisation. In the Flight Training sector we operate with a HOO and a strong supporting management team. All systems have been designed from the onset with high levels of supervision and integration. All Personnel at all bases are fully inducted into APTA.

· 3.5 There are no other operating systems other than the APTA systems and all Personnel are fully integrated.

· 6.1 I am very much of the view that the activities authorised by an AOC are carried out “within the organisation of the AOC holder” and that all operations are conducted in accordance with the systems of the AOC holder.

· 6.2 All operations are “under the oversight and management of the key personnel of the AOC holder”

· 6.3 All members utilise the facilities and documentation of the AOC holder.

· 7. As the CEO of APTA I am fully mindful of my obligations and accept total and absolute responsibility for all actions conducted under the AOC at all locations. There is only the one approval for all our bases and we are fully aware that all Flying training operations are APTA operations.

· 9. CAR 206 defines commercial purposes. APTA delivers only flying training and not Commercial purposes as defined in CAR 206.

· 10. I am of the opinion that all activities are done with significantly more than a “reasonable degree of care and diligence” I note your referral to CAA Section 27(8) referring to AOC. I concur, an AOC cannot be transferred. To be honest I feel drawing the Part 141 Flying Training Certificate to the AOC is a long bow to draw, and particularly as CASA explained that one of the intentions of the new regulations was to actually move that training away from an AOC requirement, and CASA has previously addressed this “the training businesses will not be required to hold an AOC”

I note that you requested a copy of the contract. At this stage could I ask that you draw on the contracts previously provided to CASA, for no other reason than commercial sensitivity. A number of contracts have been given to CASA previously and most recently to Dave Edwards and Harold Bankkien via email on 06/12/17.

If you would like me to resend that email, please advise. If you still require the individual contracts please let me know and I will attend to it. As this has come from “left field”, can I ask what the trigger is that has lead to the reversal of policy application. I would have expected that there would have been at least some engagement or consultation from CMT 3 prior to this correspondence. We have been working on this project for many years in close consultation with CASA, and in fact to date have felt that they are supportive of the concept

I am of the opinion that the activation of Temporary locations is a robust and Industry leading procedure, and far in excess of anything that was done previously in the industry. It incorporates, site visits, consulting with other operator, conducting a risk assessment, inducting and training all Personnel, and placing experienced APTA personnel on site for as long as is required. For clarity and planning purposes, can I clarify that CASA intends to do the following:

APTA Ballarat Base will be directed to cease operations.

APTA Latrobe Valley Base will be directed to cease operations.

APTA Moorabbin Base (LTF) is an APTA/CASA approved base, and that CASA is not retracting their approval to operate but not permitting operations at the new facility only.

There is no mention of LTF in the correspondence other than the sig change request for a change of location. My understanding from the correspondence is that they are not affected, or it may be an omission from the correspondence.

APTA Moorabbin Base (AVIA) is operating as an APTA/CASA approved base, and that CASA is reversing that approval APTA Moorabbin Base (Arc Aviation) will be directed to cease operations as temporary location.

APTA Moorabbin Base ( MFT) my own business established for 12 years will be directed to cease operations.

APTA Brisbane (Sim Jet) request will not be processed.

APTA Moorabbin (Vortex) has applied to join APTA, but that request will not be processed. APTA Ballina (Whitestar) will be directed to cease operations as a temporary location. As you will appreciate this will have significant impact on me, my family, my Business, my employees and a number of operators.

Unless CASA deems that APTA operations are deemed an imminent and grave risk to Aviation Safety can I respectfully request a 14 day extension to facilitate my employees into new positions with other organisations and shut down the Organisation in the most controlled manner possible.

I reject CASAs assumptions. I have invested very heavily to ensure I have a safe and compliant organisation delivering unparalled levels of oversight and supervision. There is only one Approval and all of us operate under that approval. APTA and myself in the role of CEO accept complete and total responsibility for all operations. These are not the traditional “arms length” agreements that were perhaps prevalent in the industry many years ago.

This is a highly supervised and integrated system that is CASA approved and intended to deliver safe and compliant operations. It has been operating for some time now, has previously been well supported by CASA. I find the initial approach extremely disappointing but hope that you will afford me the opportunity of a meeting to see if the matter can be resolved.


Yours sincerely, Glen Buckley

glenb 21st Aug 2019 02:58

Commercial impact
 
And again on the 25th October25/10/18 Email to David Jones“As you will appreciate this will have significant impact on me, my family, my Business, my employees and a number of operators…….”

glenb 21st Aug 2019 03:06

Commercial Impact of CASAs action, yet again
 
I write to CASA again on 09/11/18

Dear XXXXXXX,

Thankyou for your letter. I appreciate the effort that is being put into the clarification around the aviation safety standards. That’s probably more of an issue to be resolved within CASA and I need to focus on minimising the impact on me. Its already dragged on way too long.

This has gone more than two weeks, and quite frankly I am at the “end of my tether”. I am exhausted, stressed, anxious and need this to come to an end. I cannot be affected by CASA trying to “get its house in order”.

Most importantly, the impact on me. I will be short and blunt. Seriously, just stop for one minute and imagine how I feel. I have an enormous burden on me. Far too much, and to be frank, I just want this over. I am extremely worried about my health and welfare. Your action against me has caused harm to me.

Your action was highly inappropriate, and it has affected me. It is unfair and bullying and intimidating in its nature.My complaint is against you and my CMT. I want this complaint accelerated to the highest appropriate person within CASA.

For perfect clarity. I wish to lodge a formal complaint at the highest levels available to me. I am of the opinion that you are “stalling” me and “buying time”. My complaint is against my Regional Manager and my CMT.

I feel that CASA actions compromise and degrade safety. Please clearly outline the procedure to ensure my complaint is being registered at the highest levels available to me.

My allegations will be highly substantive in nature. It is not appropriate that I am dealing with you, any more.I am going to be very direct and itemise my concerns and clarify the situation.

I require specific responses to my questions listed below.

1. At this stage I am extremely anxious to put any more money into APTA until CASA has this fully resolved. There will be no payments made for jobs until this is fully clarified and I have “clear and concise aviation safety standards. Please acknowledge this specific statement. As the Business Owner that is a reasonable request. I am a Business Owner given 7 days’ notice of a cessation of activities, and that is not based on a safety claim. This is absurd.

2. I am of the opinion that this action against me was triggered from within my own CMT. I have repeatedly tried to clarify this, and you continue to ignore my query. Can you allay my concerns? Can you confirm that the “trigger” was generated by my own CMT or was it initiated elsewhere? An answer to that question ill assist me to ascertain if my own CMT is acting to bring harm to me and my Business. You have chosen to repeatedly ignore this request and quite simply that is not fair. The request is reasonable and must be attended to.

3. In the interests of safety, I have made repeated requests to have a change of CMT. The request is reasonable. Can you specifically address this request? It has been made repeatedly of you. The request is based on safety concerns. It is unreasonable that you continue to ignore this request.

4. I am formally requesting that this matter be passed on to someone other than yourself. As you were the signatory to the letter that initiated the cation, it is reasonable that I think you could be complicit in bringing harm to me and my Business. My claims are valid. They are against you and the CMT. Therefore, I formally request that you hand this matter over to someone within CASA that has my confidence and trust. Understandably for me, you are not the person that I should be dealing with.

5. APTA has repeatedly advised that the contracts are available for viewing on site. The contents of the contracts are identical to the ones that have been provided to you numerous occasions, many months ago. You already have all of the information in order to make a determination. The only difference being that the filed contracts are “signed” and “dated”. The signature and date are not important to you being able to decide. Therefore, I do not feel it relevant. Can you specifically identify if it is the signature that is critical to your determination? As I stated before, you have had all required information, prior to initiating this action, so I do not feel that they are relevant. Your request must be valid and have a justifiable reason.

Your action is currently and continuing to bring harm to me and my Business. I wish to discuss with the relevant person within CASA reimbursement and potentially compensation. Can you please clearly outline the procedure. In summary. I wish my complaint to be accelerated. I require a response by 5PM today. I need to try and go into this weekend carrying reduced stress levels. It is imperative. Glen Buckley

glenb 21st Aug 2019 03:13

14/11/18 Write to the Minister only to be completely ignored
 
Dear Steve (apologies I was unable to obtain your surname, so apologise for the familiairity)

I am the CEO of the Australian Pilot Training Alliance and I am having some significant difficulties with CASA.

I have also some substantive complaints about the nature in which they have acted.

This will lead to a full cessation of all our operations by weeks end, and I will be notifying all parties of that today.

I have attempted to resolve this within CASA, but the timelines are not acceptable for resolution. I do not want to appear comabative, although shortly I will be forced to engage the media. Prior to that my very strong preference is to have one last opportunity for a face to face meeting. Can I respectfully request that you establish contact with me on my mobile 0418772013, at you very earliest opportunity.

Thanking you in anticipation of your consideration.



Cheers. Glen Buckley

glenb 21st Aug 2019 03:19

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.

glenb 21st Aug 2019 03:20

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.


glenb 21st Aug 2019 03:21

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


glenb 21st Aug 2019 03:23

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

glenb 21st Aug 2019 03:27

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.

glenb 21st Aug 2019 03:29

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

glenb 21st Aug 2019 03:34

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.

glenb 21st Aug 2019 03:36

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.

Global Aviator 21st Aug 2019 03:36

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.

Dangly Bits 21st Aug 2019 03:37

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?

glenb 21st Aug 2019 03:41

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.

glenb 21st Aug 2019 03:44

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."

glenb 21st Aug 2019 03:44

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.

glenb 21st Aug 2019 03:47

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.



glenb 21st Aug 2019 03:48

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

glenb 21st Aug 2019 04:12

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.

Stickshift3000 21st Aug 2019 07:55


Originally Posted by glenb (Post 10548794)
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).


zanthrus 21st Aug 2019 10:38

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.

AerialPerspective 21st Aug 2019 14:26


Originally Posted by Stickshift3000 (Post 10550428)


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.

The name is Porter 21st Aug 2019 14:54

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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