CASA - Records, Conflict Management and Review Processes

Question

The following questions on notice seek documents and records relevant to CASA's answer to SQ26-000173, the 2021 independent RPAS Review and evidence provided to the Committee on 26 May 2026 (RRAT Hansard Proof Tuesday 26 May, pp 81-84). In these questions: (a) ''the relevant officer'' means the CASA officer whose involvement in matters concerning Mr Barker, UAS Pacific or associated staff is referred to in the public determinations identified as FWCAB2023 157, AB2023 666, AB2024 20 and 2024FWC2716, and who is referred to in SQ26-000173 as being subject to a full prohibition; and (b) ''the reviewing officer'' means any CASA officer who managed, reviewed, approved, referred, defended, explained or handled FOI matters concerning the relevant officer's involvement in those matters. 1. Formal counselling decision In answer to SQ26-000173, CASA stated that on 3 February 2026 a staff member was formally counselled. Please provide: (a) the decision record, minute, outcome letter or equivalent document recording that outcome; (b) any investigation report, assessment, finding, recommendation or briefing that formed the basis of that outcome; (c) any document recording whether an APS Code of Conduct process was considered or undertaken; and (d) any document recording the conduct found, the reasons for the outcome, and why formal counselling was considered sufficient. If CASA will not provide any of the documents requested, please provide for each withheld document: (i) the date; (ii) the title or description; (iii) the author or originating business area; and (iv) the legal basis on which CASA says it cannot be produced. 2. Review commenced on 8 October 2025 In answer to SQ26-000173, CASA stated that on 8 October 2025 it commenced a review of the range of concerns raised by Mr Barker. Please provide: (a) the terms of reference for that review; (b) the authorising minute, approval, brief or other initiating document; (c) the identity, title and business area of the reviewer or reviewers; (d) any document recording the scope of the review; and (e) any document recording the expected completion date. If any document is withheld, please provide a schedule identifying the date, title or description, author or business area, and basis for withholding. 3. Forensic preservation Please state whether CASA has issued a forensic preservation direction in relation to all records concerning Mr Barker, UAS Pacific, Mr Nowak and affected staff, including conflict declarations, conflict register entries, conflict management plans, EICMS/RMS/EAP access logs, emails, Teams messages, referrals, draft histories, metadata, third party communications, and any redaction, withholding, suppression or access control instructions. If no such preservation direction has been issued, please explain why not. 4. Positive involvement schedule Please provide a positive involvement schedule for each matter concerning Mr Barker, UAS Pacific, Mr Nowak or affected staff, stating whether the relevant officer or the reviewing officer had direct involvement, indirect involvement, briefing involvement, file access, referral involvement, drafting involvement, review involvement, approval involvement, or no involvement. For each matter, please identify the date, business area, matter type, relevant system references, and the basis for CASA's answer. 5. Timing and adequacy of conflict controls Please provide documents recording: (a) the date CASA first identified any actual, potential or perceived conflict of interest involving the relevant officer in relation to Mr Barker, UAS Pacific or associated matters; (b) the date any restriction on the relevant officer's involvement was first imposed; (c) the wording and scope of each restriction, including any ''limited exposure'' restriction; (d) the date on which the full prohibition referred to in SQ26-000173 was imposed; (e) any monitoring or compliance record for each restriction; and (f) any review of whether earlier conflict controls were adequate. If CASA will not provide the documents, please identify each document by date, title or description, originating business area, and basis for withholding. 6. Conflict of interest records Please provide the following documents held by CASA concerning any actual, potential or perceived conflict of interest involving the relevant officer or the reviewing officer in relation to Mr Barker, UAS Pacific, Mr Nowak or associated matters: (a) conflict declarations or notifications; (b) conflict assessments; (c) conflict management plans; (d) decisions imposing, varying or lifting restrictions on involvement; (e) monitoring or review records concerning compliance with any such restriction; and (f) records of any access, briefing, referral, drafting, review or approval activity involving the relevant officer or the reviewing officer. If any of the above documents are not provided, please provide a schedule for each document withheld stating: (i) the date; (ii) the title or description; (iii) the originating business area; and (iv) the basis for withholding. 7. Conflict or self-review consideration Please provide any document recording whether CASA considered an actual, potential or perceived conflict of interest involving the reviewing officer in relation to their management, review, defence, restriction, approval, referral, FOI handling, or explanation of matters involving the relevant officer, Mr Barker, UAS Pacific, Mr Nowak or affected staff. If no such consideration occurred, please state that directly and explain why. 8. Third party evidence / external verification At the 26 May 2026 Estimates hearing, Ms Spence referred to ''third party independent verification'' of the original issue. Please provide: (a) the identity or role of the third party, with personal information redacted if necessary; (b) the date and form of the verification; (c) the precise issue said to have been verified; (d) all documents provided to the third party; (e) all communications between CASA and the third party; (f) whether the relevant officer or the reviewing officer communicated with the third party before or after the verification; and (g) whether CASA has reviewed whether any third party allegation, statement or evidence was influenced, shaped, solicited, coordinated or otherwise affected by the relevant officer or the reviewing officer. 9. External referral Please state whether CASA has referred, or considered referring, any issue concerning potentially misleading evidence to the Fair Work Commission, conflict of interest failure, record taint, or third party evidence contamination to the APS Commissioner, NACC, AFP, or any other external integrity body. If not, please explain why not and identify the decision maker. 10. Schedule of adverse records Please provide a schedule of all adverse allegations, findings, assessments, intelligence entries, compliance notations, enforcement references or similar records held by CASA concerning: (a) Mr Geoff Barker; (b) UAS Pacific; and (c) any UAS Pacific staff member in respect of whom CASA took or considered regulatory action arising from the same or related matters. For each entry in the schedule, please state: (i) the date created; (ii) the responsible business area; (iii) the general nature of the allegation, finding or assessment; (iv) whether it remains current; (v) whether it has been corrected, annotated, withdrawn, restricted or quarantined from future reliance; (vi) whether it has been relied upon in any later regulatory or enforcement decision; and (vii) whether it has been used, viewed, relied upon, referred to, copied, exported or included in any later regulatory decision, enforcement process, show-cause process, approval delay, licence privilege decision, FOI decision, complaint response or litigation process

Answer

Please see attached PDF.

Documents

• Question with answer (PDF) (opens in a new tab)
• SQ26-000703.pdf (opens in a new tab)