Message from the CASA Director
The following were CASA Director John McCormick’s comments as recorded by Hansard at the end of a session with the Senate Estimates Committee on October 20.
Before concluding, I would like to make an important point, one that should probably have been made long before now. CASA is certainly no stranger to criticism, complaints and variably informed expressions of dissatisfaction with the things we do and the way we do them from the diverse industry we regulate, amongst others. I welcome this, as a responsible director of any regulatory authority should welcome balanced, reasonable and constructive advice about where we may have gone wrong, or where we may at least be seen by some to have gone wrong, or where we might do better. Well-meaning criticism can be helpful, even if it is wide of the mark, and it gives us a better understanding of the way our actions are perceived and experienced.
So let me be clear: I have absolutely no interest in discouraging or dissuading our critics from drawing CASA’s actual or assumed shortcomings to my attention, to the government’s attention, or to the attention of the Australian public. As I said, I welcome and embrace this. At the same time, however, let me be equally clear in highlighting the very significant difference between candid, robust criticism of CASA’s actions as an organisation and what cannot fairly be characterised as other than mean-spirited, injudiciously self-serving and frequently false accusations about, and the vindictive public disparagement of, individual CASA officers by name and by station.
This is wrong and unfair and, in some cases, I think it is downright cowardly. It does nothing to advance the interests of our safety or organisational improvement, and it almost certainly is not intended to do either. If left unaddressed, it impugns the reputations and integrity of committed, capable and professional individuals who are dedicated to the critical, and sometimes thankless, regulatory and other safety related tasks, and it takes a serious toll on the morale of the entire staff in ways that, I dare say, some of those who try to conceal what is often nothing more than demagogic vitriol behind the facade of a pointed evaluatory critique could not begin to understand.
CASA is and I, as the Director of Aviation Safety, am, and all our employees are fully accountable for our words and actions, including our regular appearances before this committee, Chair. Clearly, these critics have no intention of exposing themselves to anything like the kind of scrutiny to which we are, and should be, subject. Frankly, I seriously doubt whether many of them could withstand it if they were. To those who constantly challenge CASA to lift its game I say, ‘Thank you and keep it coming.’ To those whose intent is merely to insult, denigrate, vilify and, in some instances I suspect, to defame individual CASA officers, unless and until they might be held accountable for their words and actions, I can only say, ‘Shame’. Thank you, Chair.
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“To those whose intent is merely to insult, denigrate, vilify and, in some instances I suspect, to defame individual CASA officers, unless and until they might be held accountable for their words and actions, I can only say, ‘Shame’.”
Is this a doubled-edged sword, Mr McCormick? Will you be taking action against CASA officials that behave this way toward the industry?
Maurice Waugh
“CASA is certainly no stranger to criticism, complaints and variably informed expressions of dissatisfaction…. I welcome this, as a responsible director of any regulatory authority should welcome balanced, reasonable and constructive advice about where we may have gone wrong, ……Well-meaning criticism can be helpful, even if it is wide of the mark, and it gives us a better understanding of the way our actions are perceived and experienced”.
It is probably unfair to burden the new CEO with all the extensive genuine criticism of a systemically dysfunctional organisation. However he must have had the opportunity to do a due diligence of the organisation prior to accepting the position.
As a bureaucrat his speech is well written and avoids the major problem of accountability for the whole of the organisation. It is one thing to be no stranger to criticism, another to act accordingly, either to disprove or accept it and act accordingly with his safety mandate.i.e. LEARN FROM IT AND APPLY CHANGES ACCORDINGLY.
In my case back in 2001, I and my company Schutts, were found “guilty” without the benefit of Natural Justice by the typical CASA Kangaroo court on the basis of CASA “policy” which has no standing in legislation. To confirm this oversight CASA finally in July 2009 brought out Regulatory Policy (note still only Policy) CEO-PN007-2009 Reg. of Closed Charter Operations and an explanation — “The Conundrum of the Interposed Entity” –Note there is only an insignificant period of 8 years to correct such (allegedly) serious risk to safety.This policy has now been ratified in the CARs.
Significantly in 2000 & 2001 I held a written Authority from CASA to conduct such operations!!!! What lovely creatures they are.
It seems a great pity that the new CEO of Civil Aviation Safety Authority, John McCormick, has failed to understand what has happened to general aviation (GA) over the last 15-20 years as a direct result of CASA incompetence, overbearing officiousness, make-work rule changes, and the awful treatment of many indiviuals over this period.
One only needs to read Paul Phelan’s well researched paper, “Dudding the Delegate” to get the flavour of CASA and it’s dealings with the flying industry. One could instance numerous occurences of CASA driving people out of the industry on the basis of an all powerful regulator having no regard for the norms of natural justice, let alone even following it’s own published procedures. For example it is supposed to be a model litigant, one might ask Richard Rudd how ‘model’ was the inspector who was taking him to court for removing a ‘left hand elevator’ from an aircraft that does not have a left hand elevator. Remembering Brian Reddish, disastrously put out of business by removing his chief pilot and CFI approvals and sitting on the nominations of qualified replacements, thus avoiding legal complications of suspending his Air Operators Certificate. There have been many others without the wherewithal to fight CASA through the courts.
But no, CASA persists in making out that GA is full of ills that only it can make good. It has made flying training a nightmare of paperwork and restrictions thus ensuring that lots of experienced instructors will not pass on their collective wisdom. Similarly with maintenance, ensuring that it all becomes too hard and expensive.
The state of mainstream general aviation in Australia is really appalling, what a contrast to the sensibly regulated, self managed low weight category (R.A. Aus, formerely ‘ultralight’ category) which is growing at an astonishing rate. The severe drawback being that the low weight aircraft are so restricted in size that they cannot efficiently, or safely in some cases, carry out the tasks that they are put to.
I would put to Mr. McCormick that there are many who have full justification in denigrating CASA and some CASA officials.
I would put to Mr. McCormick that until we see some change in attitude by CASA, and some growth policies, like allowing instructors to teach without Air Operators Certificates (as in USA), and Licenced Airframe Mechanical Engineers to perform without Certificates of Aprovals (as in USA), then his complaints will only cause us to make more protest, and question the massive waste of taxpayers dollars by a bloated bureacracy doing a very poor job.
“…..let me be equally clear in highlighting the very significant difference between candid, robust criticism of CASA’s actions as an organisation…..”
I assume here the CEO is referring to the recent ICAO audit where Australia scored a miserable 16.62% in the lack of effective implementation of the critical elements of the CASA safety oversight system in Australia, compared to the global average of 41.52% for all other audited states. Hence their concern?
“…….what cannot fairly be characterised as other than mean-spirited, injudiciously self-serving and frequently false accusations about, and the vindictive public disparagement of, individual CASA officers by name and by station.”
My own situation must be the exception implied by his use of “frequently”, although I could identify a myriad of cases. I would be pleased to provide the names and all the evidence required as supplied to me in the few documents released under F.O.I. but then CASA already has it, unless as in the Qantas LST, case the evidence was expediently destroyed..A bit like CASA OLC asking me for a copy of their Enforcement Manual 2001 which they had (in)conveniently misplaced when the new one was introduced.
“….This is wrong and unfair and, in some cases, I think it is downright COWARDLY. ……… If left UNADDRESSED, it impugns the reputations and integrity of committed, capable and professional individuals who are dedicated to the critical, …….”
Defn: A COWARD is a person easily intimidated by DANGER, PAIN or a lack of BRAVERY. In the CASA case danger to CASA is exposure of “internal corruption” In the case of the “aviation incident reporter” it is the sure “danger” of intimidation through loss of licence/Air Operators Certificate, career, livelihood etc.
In Australia you would have to be suicidal to report an incident – never mind the imaginary “confidentiality”, that only applies to not releasing the information back to the reporter or anyone under Freedom of Information, should it be contrary to CASA interests, which it usually is!
In aviation, Bravery used to refer to the inherent risks of flying. These days it refers to a quality of character required in dealing with the regulator’As to your reference to UNADDRESSED,isn’t that where CASA comes in. All my issues have been left UNADDRESSED by CASA and yourself, as have those of many others.
“…….and sometimes thankless, regulatory and other safety related tasks, and it takes a serious toll on the morale of the entire staff…” When you have a systemically defunct organisation I can well imagine the effect it would have on the few genuine members of staff.
Once I have mastered all the content of your address to the Senate committee I will feel confident in attempting the Language Test.
CEO McCormick’s “spray” against those who have legitimate complaints about the Machiavallian machinations of a Department with long-standing deficiencies, shows that he has not yet got a proper grip on the reins.
Whilst I appreciate he is new to the saddle (pity about the horse!), he obviously has a long way to go in properly understanding the burdens under which CASA puts ailing GA and its inhabitants.
In my opinion, coming from the cosseted environments of RAAF and international airlines, does not make one an expert in that which plagues the small GA business and light aeroplane operator.
But if the vital GA Industry is to survive in this country, he needs to get off that Senate hobby horse, and find out what is really going on down at the tarmac level.
Aviation was committed long before an Aviation bureaucracy invented itself… and it is a fact that Aviation continues in many cases, in spite of CASA, not because of it.
His diatribe proves the bully mentality.. CASA is quite happy to dish it out, but clearly can’t hack it.
A great shame, really.
Over the past 45 years (since I was a small kid growing up in the back seat of my late fathers Chipmunk) I saw grown men reduced to nothing. Their dreams and visions shattered beyond repair by some overzealous DCA and then Department of Transport (now CASA) officers. There were some terrific men who we all admired and respected such as the late John Lindsay. To move forward the system needs to learn from the past and start to get real in an educational user friendly perspective. When was the last time many of us drank coffee with a CASA officer or had him come along and enjoy a local fly? I don’t see too many hands in the air. As a pastor I got involved in all things Christian after viewing much injustice in our midst (including within the GA community). After my experiences in growing up alongside the school bully types I began to explore the possibility of there being a better way. It was put to me at an early age – what would Jesus do and say? Whilst I acknowledge that in Australian culture the name Jesus is often used as a swear word, to those of us in the Christian faith he is adored, respected and loved because of his purity and sense of justice and compassion. When you consider what would Jesus do it is not at all surprising to stumble over ones thoughts and finally conclude that we might just never know because his thoughts (and those of our God) are not ours nor even similar at times. An interesting exersize when you apply this logic to day to day living and the varied relationships that we come across. One thing is sure and that is the very bottom line. We need a better way and this MUST always begin with those entrusted to leadership positions – to truly lead by good example. Too many good folk have been cut down so let me conlude by reminding CASA that it has a duty of care to its clients and likewise all of us in GA towards them. Can that Berlin Wall come down and there be peace, prosperity, friendship and goodwill? This Christmas, remember the Easter message.