Ok' back to the future' with reference to the year 2007 and the Byron regime..
...why?? Well from the time the ARRT review was released and with a change of government to around 12 months later Byron started a right angle diversion in FF policy. And then the current DAS made it a complete 180 degree turn by 2010...err why and how was this allowed to happen??
Here is what I mean, quote from the ARRTreport:
Under Mr Byron’s guidance CASA is adopting a risk based approach to its policies and regulation with particular emphasis on passenger transport activities CASA’s framework for regulation seeks to ensure that policies and regulations are necessary, clear and cost effective, and that they address risks, establish safety outcomes, implement Government policy and are aligned with international standards.
So what exactly did the authors mean by...“Under Mr Byron’s guidance..” ?? Well after some digging around I was able to track down a Byron directive (which surprisingly was not listed on Fort Fumble’s Policy notices webpage) from submission 18A of the 2008 SenateInquiry into the Administration of the Civil Aviation Safety Authority (CASA) and related matters
:
CEO DIRECTIVE – 001/2007
Development of Regulations and the
Regulatory Framework
Date of Directive: 18 June 2007
To: Shane Carmody
Action Officer: Not Applicable
Title of Addressee: Not Applicable
Directive No: 001/2007
Response Required: Immediate Effect
Directive
This Directive replaces CEO Directive 016/2004, which is hereby repealed. It updates CASA’s Guiding Principles for the development of the regulatory
framework and proposed aviation safety regulations.
Guiding Principles
Regulatory policies
• The aviation safety regulations must take into account CASA’s
Classification of Civil Aviation Activities policy and the priority given
under the policy to passenger-carrying activities.
• Aviation safety regulations must be shown to be necessary. They are to be developed on the basis of addressing known or likely safety risks that
cannot be addressed adequately by non-regulatory means. Each proposed
regulation must be assessed against the contribution it will make to aviation safety.
• If a regulation can be justified on safety risk grounds, it must be made in a form that provides for the most efficient allocation of industry and CASA
resources. The regulations must not impose unnecessary costs or unnecessarily hinder high levels of participation in aviation and its capacity
for growth.
• Where appropriate, the aviation safety regulations are to be aligned with the standards and practices of leading aviation countries, unless differences are required to address the Australian aviation environment and these differences can be justified on safety risk grounds. Where the standards and practices of the leading aviation countries vary, CASA will align its regulations with those that effectively address the safety risks in the most cost-effective manner.
• Wherever possible, the aviation safety regulations must be drafted to specify the safety outcome required, unless, in the interests of safety, and to address known or likely aviation safety risks, more prescriptive requirements need to be specified.
• The aviation safety regulations must be drafted to be as clear and concise as possible.
Regulatory framework
• Wherever possible, the aviation safety regulations are to be developed
within a two tier regulatory framework comprising the Civil Aviation Act
and the Civil Aviation Safety Regulations (CASRs), supported by advisory
material that details acceptable means of compliance with the CASRs,
together with appropriate guidance material.
• Manuals of Standards (MOSs) are to be developed only where there is a
clear requirement, on the basis of safety, to specify standards that for the
purpose of clarity and effective administration should not be contained in
the regulations.
• The content of proposed MOSs must also be assessed against the
contribution it makes to aviation safety.
• A MOS must only contain such standards as are clearly authorised by a
particular regulation and must not be used as a vehicle for promulgating
advisory material and other information.
All CASR Parts and MOSs are to be developed and maintained using the Guiding Principles stated above.
Signed
Bruce Byron
Chief Executive Officer
You will notice that this directive superseded a previous 2004 directive (016/2004) so for direct comparison here is a copy of that directive:
Directive 16/2004
Development of Regulations and the Regulatory Framework
DATE: 24 November 2004
TO: Bruce Gemmell
SUBJECT: Development of Regulations and the Regulatory Framework
TIMING: Immediate Effect
Directive:
This Directive is issued to establish guiding principles for the development of the regulatory framework and to provide clear guidance for the development of proposed aviation safety regulations.
- Aviation safety regulations are to be developed on the basis of addressing known or likely safety risks. Each proposed regulation is to be assessed against the contribution it will make to aviation safety.
- Wherever possible, the CASRs are to be drafted to specify the safety outcome required, unless, in the interests of safety, and to address known or likely aviation safety risks, detailed requirements need to be presented.
- Wherever possible, aviation safety regulations are to be developed within a two tier regulatory framework comprising the Civil Aviation Act and the Civil Aviation Safety Regulations (CASRs), supported by advisory material that details acceptable means of compliance with the CASRs, together with appropriate guidance material.
- Manuals of Standards (MOSs) are to be developed only where there is a clear requirement, on the basis of safety, to mandate standards that for the purpose of clarity should not be contained in the Regulations.
- The content of proposed MOSs must also be assessed against the contribution made to aviation safety.
- A MOS must only contain such standards as are clearly authorised by a particular regulation and must not be used as a vehicle for promulgating advisory material and other information.
All proposed CASA Parts and MOSs are to be assessed against the guiding principles stated above.
Bruce Byron AM
Chief Executive Officer
Interestingly enough (also from sub 18A) you will see a rather familiar document that is also not in the FF Policy Notices webpage?? This document replaced the original CEO-PN001-2004 and is familiar because the current (at least I think it is still current) version was introduced by Mick Quinn as part of a massive tabled documents file at the PelAir inquiry
(Additional Documents item 1). {Note: the three versions have grown from 4 to 10 to 11 pages but by far the biggest but subtle change to policy was in the 2009 version by the current DAS.}
But I diverge...So questions: We have the previous 2 versions of the DAS/CEO directives for Development of Regulations and the Regulatory Framework, so where’s the Skull’s version?? And why oh why did the policy initiatives along with the ARRT review recommendations get dropped, shelf-wared..whatever?? Surely it can’t just be that we had a change of government..or could it?? And why isn’t any of the DAS/CEO directives recorded in the FF
Policy Notices webpage??
Either way Senators (and by default) Minister bring on ASAP...
Recommendation 13
6.58 The committee recommends that a short inquiry be conducted by the Senate Standing Committee on Rural and Regional Affairs and Transport into the current status of aviation regulatory reform to assess the direction, progress and resources expended to date to ensure greater visibility of the processes.
…and I would suggest you scrap the Labor white elephant paper and refer to the ARRT review and the previous DAS directives for a blueprint of the way forward for RRP (my two bobs worth).
ps And swallow your pride and talk to the Kiwis!
