casa and economic control of the aircraft industry

[Up-into-the-air]

casa and economic stressors

The ultimate prescriptive control of CP's, AOC holders and MA holders, does not necessarily lead to good safety outcomes, nor to positive co-operation by all participants. This does not include the "beating up" of participants by the regulator.

A read of previous documents says:

1. Voluntary reporting of relevant safety information is a vital process which ensures airlines, regulators and manufacturers become aware of maintenance and operational issues and is an essential part of the process that has delivered, and continues to provide, improvements in aviation safety.
2. That view, about the importance and effectiveness of voluntary disclosure programs, has been recognized in other jurisdictions and, in particular in a 2 September 2008 report to the US Secretary of Transportation “Managing Risks in Civil Aviation: a Review of the FAA’s Approach to safety ”.
3. The proposition that it is essential to protect aviation related safety information from inappropriate use has been recognized as fundamentally important by the Council of the International Civil Aviation Organization (“ICAO”).
4. On 3 March 2006 ICAO adopted amendments to Attachment E to Annexure 13 to the Convention on International aviation safety. (Australia is a signatory to the Chicago Convention on International aviation safety.. Section 3A of the Air Navigation Act 1920 approves the ratification of the convention. CASA is required, by section 11 of the Civil Aviation Act, to perform its functions consistent with Australia’s obligations under the Convention.)
5. The Convention amendments are intended to prevent the inappropriate use of information collected solely for the purpose of improving aviation safety. The attachment itself is aimed at assisting participating states to enact “national laws and regulations to protect information gathered from safety data collection and processing systems ..., while allowing for the proper administration of justice.”
6. The specific considerations expressed in the attachment are that safety information should not be used in a way different from the purpose for which it was collected.
7. Safety information should qualify for protection from inappropriate use according to specified conditions. Those conditions include, in particular, a stipulation that disclosure of the information would inhibit the continued availability of aviation safety information.

Source: ATA asta and Anor and Civil Safety Authority [2010] AATA 499 (6 July 2010)