There’s Still a Mouse in the House at CASA
Bruce Byron and some of his senior colleagues have done a great job cleaning up some serious regulatory black spots. But sadly there’s a surviving “culture” among a handful of CASA individuals who haven’t yet got the message, despite the welcome departures of several of their colleagues. Events suggest there’s still a bad smell around – hence the headline.
Some of the miscreants’ specialties appear to include negligent misstatement, breaches of confidence, injurious falsehood and malicious abuses of process and authority. Our files contain copious examples suggesting that some of these matters should be subjected to external criminal investigation.
These characters are as much an embarrassment to their colleagues and most of their senior managers as they are an unnecessary boil on the backside of general aviation.
One of the many aviation lawyers who keep us informed puts it like this: “They’re trying every trick in the book and they want to put people out business. They hate GA, and they go after selected individuals with a vengeance that is legendary.”
So we’ll be running a series of case studies of the way they operate. They’ll be amply documented, and will invite you to form your own opinions rather than forcing ours on you. When they appear, AviationAdvertiser.com.au will provide free space for any response CASA may wish to offer.
It often starts with a difference of opinion between a CASA official and an air operator certificate (AOC) holder on some practice or procedure or a differing interpretation of a rule or regulation.
Let’s start with the problems faced by Clark Butson, flying school and charter operator and a highly experienced senior instructor based in Port Hedland, WA. Clark has flown over 18,000 hours in general aviation, half of it as an instructor. He had a spirited debate with a couple of FOIs over the question of the instant shutting down of engines operating at high power during training exercises. He knows that if you do too much of this you run the risk if damaging an engine. Flying schools have therefore developed practices and policies to protect themselves from costly unscheduled maintenance on cracked cylinders, damaged bearings and propeller gearboxes, and other maintenance nasties.
Above: Clark Butson, Polar Aviation
According to Butson the discussion developed into a yelling match. It was soon followed by a series of regulatory actions against the AOC holder and against his own approvals and licences, which had the effect of seriously damaging his business and reputation. Without passing any opinion, we invite you to take a look at a detailed account which he filed with the recent Senate Regional & Rural Affairs Committee inquiry into the administration of CASA.
In this 29-page submission, Butson details some incredible twists and turns which are now the core of a current action for damages against our regulator, and separately against an individual CASA official. He applied under the Freedom of Information Act for documents relating to the matters. He was told there were 100 files, with an average of 99 pages each, and that after CASA had vetted them they could send him copies of any material that survived that process if he wouldn’t mind dropping $10,000 in the mail.
The next time we’ll see CASA in court on these issues, the court will be considering an application for discovery of all the relevant documents, which interestingly would make them public property. Meanwhile, you should take a look at Clark Butson’s submission on the web. We think most readers would agree that Butson couldn’t possibly have made all that up, and therefore has every reason to be cross with CASA. Maybe this time they picked on the wrong bloke. Follow the URL below and you’ll be amazed at the saga Butson has detailed:
Click Here to View Senate Committee Submission
Operations normal, it goes on in most of the distrcit offices, can give hair raising stuff here at Bankstown
From the perspective of having done a reasonable amount of expert witness work, as well as having been involved with a number of fights with the Nationa Parks and Wildlife Service, my experience is that discovery is a really good way to go. However you have to have people who both have the time and who know what they are looking for.
Bureaurcrats are perfectly happy to keep throwing buckets of taxpayers money at pushing a particular agenda and/or protecting their turf, so you need very deep pockets to run a case against them.
HOWEVER in working up a case you can often dig out information that they would find very embarassing. Low and behold sweet often begins to prevail and a negotiated settlement or something similar can become a possibility. You do need to be in for the long haul though, as it takes time for the leopard to change its spots and so recidivism is not uncommon.
Following from this would it be possible to run a number of cases against them simultaneously, get them up to their arses in aligators and keep them there with plenty of attendant media publicity?
Some years ago they destroyed a rotary and fixed wing business at Hervey Bay in a similar manner. in particular by revoking the Chief Pilot and Chief Flying Instructor approvals of the firm’s principal. CASA then would not agree, or disagree, to the nominated replacements. The firm’s principle had, some time previously, been solicited by CASA to be an FOI, but now was out of favour for no substantive reason.
I can only admire Polar, Clark Butson and staff for managing to stay in business. I do know from experience what a huge burden they have carried.
Rats actually..! There are countless examples of perfidious behaviour of the CASA Thought Police.
Like the Rum Corps and the Convicts… has anything changed??.. You WILL tug the fore lock, or WE will bring you to heel!
I blame the CASA Human? Resources Dept that presumably interviews and assesses these people… for doing a piss poor job on some of them. Where do they get these types from? They certainly dont get proper “training”
Having been on the receiving end of CASA making a “safety ” case out of what was commerce, I am all to aware of the outright lies, defamatory statements and BS they can put up to serve their cause.
Recently in an attempt to make a serious issue against me about nothing, the CASA person made untrue statements in his sworn statement, corroborated by two distant cronies. Should be some vacancies in that office after the AFP / Courts have done their bit.
The FAA badge and Logo says ” For the promotion and advancement of Aviation”. Contrast that sentiment with CASA’s dismal record with GA : their non enterprenurial attitudes, gross over regulation and impractical approach for businesses just trying to make a living. Costs and Regulations ad nauseam.
Its disgusting, its “un-Australian” (the fair go?),and even gives bureaucracy a bad name. And the problem is, over past decades, Goverments and Politicians really dont give a shit.
What an utterly appalling saga; surely these spiteful, vindictive, arrogant cretins at CASA should be in prison and not in jobs of authority.
Certainly CASA should not be allowed to dictate ‘at will’ that any business should be [effectively] shut down, that decision should only be taken by an independent arbiter having first considered all evidence – a court of law, for example, would be able to give an unbiased judgment based on facts alone.
CASA, by virtue of the fact that it is being judge, jury and executioner can not ever been seen to be truly unbiased – especially in view of the apparent self-serving corrupt CASA officials that are making a mockery of the regulations and hold honest business people it utter contempt.
Mr. Butson should not only be fully reimbursed for the financial hardship he has suffered but also given compensation, and last but by no means least, CASA should also issue a public apology to Mr. Butson.
I wish Mr. Butson a very successful and stress-free future.
My hat goes off to people like Clark Butson …. he has been clever in how he has dealt with the issues and not let CASA get the better of him or his company. When dealing with organisations like CASA you have to hold your ground or they will take every advantage they can get. In some cases it’s about who is policing the police.
It’s such a shame that GA is getting walked over by Our Representatives in Government such as the Liberals for the past decade and continuing the neglect with Labour .
The total indifference of our Elected Officials is just incredible.
The double-whammy is that there is a small entrenched group of Public Servants who consider that their job is only to serve themselves and their personal agenda. As a closet ‘Little Hitler’ with the draconian weight of “The Rules’ on their side they Burn, Bash and attempt to Bury anyone who doesn’t agree with their views or objectives. These people screw up the good work done by the majority of dedicated people who are the backbone of our public service.
What we really need is an INDEPENDENT OMBUDSMAN with the powers to fully investigate complaints of victimisation and bastard ism inside CASA and AIRSERVICES . This will FORCE CHANGES to be made that will weed the idiots and incompetents out of these valuable Public Service Institutions.
A man of generous nature and strength of spirit, the honesty and integrity of a man of 30 years living and flying in outback Australia has been indecently challenged by CASA. And they challenged the wrong guy this time. The character of Clark Butson is highlighted in this costly, lengthy defamation case.
Sounds like the litany of lies and wrondoing by these individuals is well exposed and supported by a range of commercial operators.. all that remains is to sweep the decks of the corrupt bottom feeders and for CASA to come to the table and reimburse the likes of Polar Aviation for the significant legal costs and loss of revenue they have suffered. Here’s hoping common sense prevails.
As the former Member for Swan I made representations on Mr Butsons behalf in the House of Representatives in the Federal Parliament regarding these matters. When Mr Butson presented the circumstances surrounding his treatment by CASA to me I was appalled at the alleged actions and conduct by representatives of a body whose role is to support and assist general aviation in this country. These issues were raised with the then Minister will little action being taken. Action was taken however by Senators from both sides of the Parliament in Senate Estimates, unfortunatley CASA appeared to treat questions by Senators with contempt. Answers in most cases did not fully respond to the requests made in the full knowlege that it would be months before they would appear before the Senators again. The impression I was given by CASAs actions was that they believed they were “above parliamentary scrutiny “. CASA also appeared to give no regard to the fact that their actions may lead to the demise of a highly respected and successful business. It also appeared they believed if they held out long enough Mr Butson would run out of money to fight them and he would just go away. Mr Butson thought otherwise and is to be congratulated not only for raising these concerns in the first place, despite what I would call victimisation, but for his tenacity and perseverance in continuing the fight. Many a lesser person would have simply given up.
Sorry Mr Kim Wilkie, former Member for Swan. I can’t let your statement pass un-commented.
“…by representatives of a body (CASA) whose role is to support and assist general aviation”
Wrong, wrong, wrong.!!.. Casa’s Charter does not so specify. Casa’s role has been over the decades to hinder, obstruct, bury GA in a tsunami of (mostly) crap “Regulation”, much of which has nothing to do with safety, but everything to do with “holding the high ground” of Authority,burdening business and creating “jobs” for a burgeoning bureaucrazy. And it has cost the Australian taxpayer very dearly.
Apart from the hundreds of millions of dollars to run CASA, there has been lost untold millions/billions? over the decades because of hinderance of Regulatory nonsense and CASA lacking any sense that enteprising people in the industry trying to do things might actually benefit the country. And be safe as well.
Nobody I have ever met in over 50 years involvement in Aviation has climbed into the cockpit and said..” Bye, I’m off to do something unsafe and wont be back, seeya!”. Common sense and survival instinct dictate that folk “play it safe”.
CASA is NOT the fount a of all safety wisdom. No fountain, just an ocean of (obstructive) Regulation.
And the “Rats nest” still smells of poor governance.
As a former Member of Parliament for the Mining and Pastoral Region in Western Australia and a resident of Port Hedland I used Polar Aviation extensively but not exclusively. I was never disappointed at the service provided both in terms of safety and punctuality; two important aspects whilst travelling in a mostly desert area.
I struck up a freidnship with Clark Butson during my 15 years a member and was aware of “problems” that Clark had with CASA but I could not believe that CASA would pursue Clark with the vigour it applied until I realised that a number of smaller operators had shut down their operations rather than take CASA on.
Clark Butson is a different kettle of fish and I believe if justice is to be served then Clark’s fight will be vindicated and CASA will be obliged to go back to its original function promoting general aviation in as safe a way as it can.
Unfortunately Tom Helm is completely wrong in his assumption that CASA will be obliged to go back to quote, ” its original function promoting general aviation in as safe a way as it can”. For one thing, there is no guidance or legislative directive from government for CASA to “promote” aviation.
Secondly, there will be no justice for all those other quote, “number of smaller operators had shut down their operations rather than take CASA on.”
Thirdly, there is no certainty that anyone can stand up to CASA because it has unlimited funds and there will be no sanctions against the hierarchy of CASA even if they should lose cases in court. Sadly our federal representatives have had the misguided belief that CASA does try to do a good job for general aviation (GA) in much the same way that AMSA does a good job for search and rescue. Nothing could be further from the truth. CASA is directly the no. one obstacle to safety in GA and is the no. one culprit in overseeing the decimation of many individual businesses and the decline of GA throughout Australia.
I make my statements in light of 40 years as pilot, airport and aircraft owner operator for charter, scheduled service and flying school operations. Also having held chief pilot, maintenance controller, and chief flying instructor qualifications with CASA testing approvals for certain licence and rating issues.
It is absolutely beyond belief that a Government organisation sets out to put out of business an organisation – based on a vendetta. They state that “the organisation was deficient in respect of its managment and operational procedures when compared to the conceptual models adopted by CASA”. There are not too many FOI’s or managers who have hard core successful proven bunsiness management otherwise they would not be in CASA, and what and whose ‘conceptual model’ is so perfect? The culture of “let’s get them” has largely taken the place of the past which was one of being helpful. The Examiners of Airmen of the past saw it as their role to encourage, to raise standards, to mentor, to know what was going on and as a last resort to be tough. The industry is in such disarray due to the many misguided CASA policies over many years, and now it appears to be the policy of putting people out of business. What next? Soon there will be no industry to adminster if they are not careful. Knocked out by CASA and king-hit by a world wide recession. Stick with it Clark Butson, there are many who support you.
I think that fairness requires a word for all the CASA staff who put in effort above & beyond to assist industry. We shouldn’t all be lumped in with the few, and there are plenty of examples of CASA staff going out of their way to help. How about a few words of recognition for them? You all know who they are!
Mick English
[...] Separately Mr Clark Butson of WA-based Polar Aviation is also sueing Mr Farquharson and a small number of other CASA officials personally on similar grounds. For details see: http://www.aviationadvertiser.com.au/2009/02/theres-still-a-mouse-in-the-house-of-casa/). [...]
I have followed this case of Clark Butsons for some time now and wonder that he has managed to keep so many balls in the air for so long against these people.
Should we in the aviation industry be putting up a general fighting fund to deal with these issues?
I for one would like to kick it off with a $500 donation to whoever we could find to take up the cause.
There is a prominent lawyer versed in CASA grief that may like to take up the cudgel
We have a situation here whereby nobody is game to make any noise otherwise they will be the next one targeted.
Thanks
[...] Other victims of alleged CASA abuses whose businesses and lives have been damaged by over-zealous and/or inadequately overseen, trained and supervised officials, say they are watching one of these matters – the events surrounding Polar Aviation’s lawsuit with great interest. See: Mouse in the House of CASA [...]
I hope that Clark Butson wins. I am one of the early victims of CASA’s nastiness and personal vindictiveness, unfortunately no one in Government or in the Court system would believe that CASA would tell a blatant mistruth in order to get their way, and so I perished. Others had the same misfortune. CASA had their allegations about my company proven wrong in a proper court, but that didn’t deter them from taking the “administrative action” that they wanted. Perhaps any investigation into CASA should go back to the beginning of 2000 to recompense the poor owners who suffered and could not get any help anywhere.
I refer to Kim Wilkie’s post of 6 February 2010 – in particular, his description of how some CASA officials managed to “dodge” dealing with the overwhelmingly important issues of victimisation and inaccurate or downright corrupt reporting, with more of the same style of “pigmyism” (my term).
( . . . CASA appeared to treat questions by Senators with contempt. Answers in most cases did not fully respond to the requests made in the full knowlege that it would be months before they would appear before the Senators again. The impression I was given by CASAs actions was that they believed they were “above parliamentary scrutiny “).
Wake up Australia!!! This isn’t just a CASA problem. We’re losing the plot. We’re not seeing the Big Picture.
This type of activity HAS BEEN ALLOWED to become endemic in our country, amongst whatever powers that be, to the detriment of all Australians. If you want proof, just watch Question Time in Parliament and observe the (almost standard) arrogance and contempt with which most MPs treat questions from THE PEOPLE (via their MPs).
“Pigmyism” in all its manifestations is an attack on our democracy. It initiates and facilitates mis-application of our laws and regulations and gross miscarriages of justice, and leads to bitter resentment, civil unrest, and – eventually, if not addressed – total loss of respect for/ control by authorities.
General Aviation is just an extreme example of what can happen when a Regulator ALLOWS its employees to wield its (NOT THEIR!!) great power irresponsibly against a relatively powerless section of a population. Things have even reached the point where it has become “right” to attack a thriving industry’s very foundations, and steal then sell off for profit its hard-accumulated assets. That’s war on THE PEOPLE!! By its own governors!!
AUSTRALIA itself will be next, if this rot isn’t stopped.
Historically, “little people” have tended to fight back the only way they know how, with defacto (passive?) revolt, or even outright revolution. Finally, if they’re lucky, someone re-invents the wheel of Laws designed to provide a safe, fair and “enabling” environment for THE PEOPLE to build their future in. Then . . . . . re-enter the pigmys!!
Which stage is our Industry at? And where to from here?
Here’s hoping our Regulator will take positive steps to address – systematically/ procedurally and single-mindedly – the human-factor issue of pigmyism within its ranks. They could easily do it, with the help of “Big People” like Clark Butson and Richard Rudd who have proven that they care enough about our Industry to risk their own money and livelihood in this endeavour, and the many “Little People” who don’t have the resources to do so.
Surely this would be a better course of action than spending taxpayers’ money blocking the truth from coming out, and thereby preventing the issue from being addressed.
A good start would be to devise (with Industry consultation) a set of “behaviours” that could be used to identify staff exhibiting pigmyism, and provide a basis for their re-education or ejection, as appropriate. Then should come a concerted effort to rid CASA of the culture of covering up pigmyism like a shameful secret. The transparency and fairness this Industry expects of our Regulator needs to be nurtured. It doesn’t happen by accident or default.
Then good people like Mick English (ie., the majority) would no longer have to publicly ask the Industry not to tar all CASA people with the same brush (see Mick’s post of 31 May). Sorry, Mick, but we all need to take sides in this fight for our country’s way of life. It’s not GA Vs CASA – it’s RIGHT against WRONG – regardless of who you work for. At least you’ve stuck your neck out for the cause. Hopefully, if Clark Butson’s case involves them, others will do the same by refusing to be part of a cover-up. Remember the old adage “All it takes is for good men do nothing . . . “