Senate Inquiry into CASA.

[clapton]

Bob

NT;

This came across my desk this evening and I have not read it fully, nor fathom it at this stage.

Although it doesn't say as much in early reading I am prompted that there is an AAT stay in court under 30DC (?) until 21st July 2008.

Lip-Air Pty Limited v Civil Aviation Safety Authority [2008] FCA 866 (5 June 2008)

What appears to have happened here is that rather than suspending the AOC , CASA cancelled the Chief/Check Pilot approval approval - which effectively meant that the AOC was suspended because you can't operate without a chief pilot. However, as the Court pointed out, if CASA had suspended the AOC then that decision would have been automatically stayed. But rather than doing this, CASA tried to circumvent the automatic stay by cancelling the Chief Pilot approval (as a back door means of suspending the AOC) as such decisions are not technically subject to the automatic stay - although the AAT can grant a stay on application under its general powers.,

The court said that CASA's approach was ultra vires because the changes to the Act which were made in 2003 were inteneded to provide a comprehesive and effectiove review of CASA decisions. So CASA can't try to avoid the automatic stay by using this sort of tactic.

On this basis the Court stayed the decision until the AAT had a chance to look at the matter and decide if the Chief/Check pilot decision should be stayed by the AAT under the AAT's general power.