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Truss: Aviation Safety Regulation Review

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Truss: Aviation Safety Regulation Review

Old 25th Jun 2014, 08:41
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Corruption!!!...corruption here!!..anybody for corruption??
Corruption!!...going cheap!!...anybody for corruption??


Ah Warren can I interest you in some corruption?? going cheap!!
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Old 26th Jun 2014, 04:15
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Seems that somebody has been using the spade and digging around and looking for old bones. Finally they have found one.
004,
You better believe it, it is a state, not Commonwealth story, hence (the Commonwealth has NO anti-corruption commission) the referral to ICAC.
Tootle pip!!
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Old 29th Jun 2014, 01:06
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Miniscule the acronyms are mounting??

PG may have gone mute on CVD but he still has a word or two on another troubling three letter acronym...UAV. :
CASA plans legal action over drone crash in Geraldton
CASA spokesman Peter Gibson said it would monitor the effect of the changes, but the risks were low.

"The risks from smaller remotely piloted aircraft under two kilograms are very small to both people and property," he said.
Confusion grows over regulations for drones
Drone operators are concerned the Civil Aviation Safety Authority is sending mixed messages about the operation of unmanned small aircraft after a handful of incidents.

CASA has recommended legal action against a commercial operator involved in an incident in Geraldton in April while relaxing rules for drones under 2kg.

Brad Mason, secretary of the Australian Certified UAV (unmanned aerial vehicles) Operators Association, said it was "deeply concerned at the safety implications of CASA's recently proposed deregulation of UAVs under 2kg."

"That specific type of system is increasingly appearing to be the primary type of threat being encountered by manned aviation," Mr Mason said.

However, CASA said the rules would apply only to non built-up areas, such as farms.

In April, triathlete Raija Ogden was injured when a drone allegedly hit her in the head during a triathlon in Geraldton.

CASA said this week it had completed its investigation into the incident. Spokesman Peter Gibson said the Commonwealth Director of Public Prosecutions would look at the findings to decide whether to prosecute.

Mrs Ogden, of Perth, said at the time she had cuts to her head and paramedics took "a piece of propeller" from her head.

The drone operator Warren Abrams, of New Era Photography and Film, was hired to film the event in return for free advertising, the organisers said.

Mr Abrams said he was confident it would be acknowledged it was an accident. "I was questioned for 4 1/2 hours during the investigation and provided video evidence of me testing the equipment - which proved the equipment was faulty," he said.

Mr Abrams said he was sorry for any injuries. "I have apologised and I feel terrible she was hurt - but it was an accident."

Mr Abrams said the drone had never given any trouble before.

The ACUO dismissed claims by Mr Abrams made on ABC radio that someone had channel-hopped and taken control of the drone.

"You can get some interference from mobile phones but this drone was operating outside the regulations of being closer than 30m to people," Mr Mason said.

Mr Abrams has a licence to operate the drone but it is not a commercial operator's licence.

There are more than 100 commercial drone operators in Australia but CASA said there were tens of thousands of recreational drones in use.

Sophisticated commercial drones can cost up to $70,000.
All passing strange this drone (UAV) growing phenomena, certainly has captured the attention of the MSM both here and overseas...

Airports seek to rein in drones
In a submission to CASA, AAA chief executive Caroline Wilkie said the association was aware of UAVs that weighed less than 1kg yet contained cameras with an aluminium chassis and could reach 10,000ft.

“A device such as this being operated by a recreational user or commercial user without the appropriate approvals, training or general aviation knowledge has the potential to pose a significant safety risk to piloted aircraft, airports and the general public,’’ she said.

“There have been several near-miss incidents occurring between UAVs and aircraft in recent months that could have had catastrophic consequences.

“One incident involved a de Havilland DHC-8 plane that narrowly avoided a collision with a UAV by 20m near Perth.

The other involved the pilot of a rescue helicopter in Newcastle having to take evasive action to avoid a UAV above Hunter Football Stadium.

“The AAA believes that owners of RPA capable of infringing on protected airspace and interfering with the safe operation of other aircraft and airports, must be required to obtain an unmanned operators certificate and be educated on the potential impact that improper use of RPAs can have on aviation safety.’’
US launches light drone initiative while CASA doesn’t license them
America’s FAA continues to fly a different path when it comes to the proliferation of lightweight drones, mainly quadcopters, compared to Australia’s CASA, which proposed to leave them unlicensed.

It is now circulating a detailed infographic on what private drone and model plane users should and shouldn’t do with vehicles that pack a lot of kinetic energy, and are falling in price as they rise sharply in their capabilities.
It is this rendering of the misuse of light weight drones as a police rather than CASA matter which is causing resistance in aviation and airport circles. The legal consequences of the CASA devolution of its powers in relation to small yet potent aerial devices that have already shown themselves capable of flying into controlled airspace and the path of airliners are where the concerns have arisen.
However enough of the drift, but still on topic, here is the ACUO response to the Forsyth report..:
Federal Government Aviation Safety Regulation Review Report Fails to Address Unmanned Aircraft Safety Matters
The Australian Certified UAV Operators Association (ACUO) provisionally welcomes yesterday’s release of the report of the Aviation Safety Regulation Review, but expresses concern that a major opportunity to examine the broad range of challenges posed by the increasing numbers of commercial unmanned aircraft systems (UAS) has been missed.

ACUO is of the view that CASA’s structures for developing UAS regulations and providing effective oversight of this emerging sector remain under-resourced and unresponsive to real world commercial conditions, with the safety review report completely silent on UAS matters as a whole.

ACUO President, Joe Urli, says “we will be taking up the Government’s invitation for responses to the Aviation Safety Regulation Review as we believe there is still much work needed to ensure the safe integration of UAS into Australian airspace.

“We note that the review felt it appropriate to address specific matters such as gliding, ultralights, parachuting, hang gliding and ballooning, but not one of the highest growth sectors of aviation in unmanned aircraft. That these sectors should be examined whereas UAS were ignored raises questions of comprehensiveness and lack of attention to the evidence provided.”

“ACUO is deeply concerned at the safety implications of CASA’s recently proposed deregulation of UAS under 2kg in weight with that specific type of system increasingly appearing to be the primary type of threat being encountered by manned aviation. CASA’s proposed approach has significant safety implications but clearly this did not become apparent to the Aviation Safety Regulation Review panel.

“ACUO believes the overarching reforms put forward by the Aviation Safety Regulation Review do have some potential to aid in addressing these issues but there remains a need for specific focus on UAS issues, as opposed to generic reforms.

“ACUO looks forward to continued constructive engagement with the Federal Government as it considers the most appropriate way forward for aviation safety in Australia as a whole. We strongly urge the Federal Government to act to ensure UAS are not neglected in this evaluation, lest the near miss incidents of recent months come to result in a significant aviation accident and serious injuries or the loss of lives.”
TICK TOCK the acronyms are mounting...err what's the next one?? Oh that's right the TSBC peer review report...
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Old 30th Jun 2014, 19:46
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Under starters orders?

And, the runners are finally all ready for the off, in what has been the longest pre race promotion of any Review Cup in the history of aviation. Betting closed at COB Monday, Canberra time. I wonder how many of those who didn't make a submission, read the Forsyth report and made a response. I was thinking more of the flying schools and charter operators, who, unless they made their submissions 'confidential' (smart move) were not well represented in the 'published list'. I wonder if the responses will be as consistent as the submissions: what? - I know, patience grasshopper...

It's a pity the ToR were so tight, there were lots of areas just out reach. Perhaps when the new board is established the ToR can be expanded, though the 'consultative' process to deal with some of the 'detail' which really should be addressed, things like double jeopardy, defining exactly what is a Not a Fit and Proper; what is a 'serious and imminent' etc. getting some control of the management levels. McComic never did, I wonder if he ever realised just how badly they served him, happy thought, they're probably serving each other the same way now, little putsch's of 'good mates' plotting and scheming; while McComic has a well deserved melt down.

No board explains, probably, why news of a new DAS is scarce; perhaps when 'the board' is appointed things will crack on, it's a bit like watching chocolate being poured at the moment. Although rumour has it things may be 'buoyed' up with an announcement. As Sarcs points out; there's lots of 'stuff' coming down the pike, like the TSBC report card so the timing is critical – Beakers allotted five year term must just about be up so that will need sorting, WLR response to deal with, Archerfield and airports looming, ICAC interest etc. Busy time for the Ministers crew.

Toot toot and a small tick tock perhaps....

- - - - - -- - Stop press- - - - - - - - -CVD pilots petition.

In case you missed it or have not been following, the whole sad tale is – HERE - . Get behind it if you feel you can; all in, a good cause.

The CVDPA folk have launched a petition calling for Minister Truss to intervene in the current dispute:
Petition to the Hon Warren Truss MP (Deputy Prime Minister & Minister for Infrastructure & Regional Development): To Intervene in the battle between colour defective pilots and CASA which threatens to destroy hundreds of careers

Last edited by Kharon; 30th Jun 2014 at 21:06. Reason: Add CVD petition.
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Old 3rd Jul 2014, 01:22
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The following received yesterday gives hope of another avenue of redress for years of regulatory mischief. I note the theme.


Strict liability may work for traffic infringements, but it has "criminalized" the aviation industry with unworkable, misunderstood and purposely complex laws that are strict liability and do reverse the burden of proof not in accord with traditionally recognized common law freedoms and privileges.




Dear Mr...



Thank you for your email to the Attorney-General, the Hon George Brandis QC, regarding the Australian Law Reform Commission’s inquiry into Commonwealth legislation that encroaches on rights, freedoms and privileges traditionally recognised by the common law. The Attorney-General has asked me to respond on his behalf.
The terms of reference require the Commission to prepare an initial report by December 2014. The Commission will formally seek public submissions at this time. In addition, the Commission’s usual practice is to conduct further public consultation on specific proposals by way of a discussion paper prior to the preparation of a final report. The final report is due in December 2015.
You can find information about the inquiry and sign up to an email alert list for the inquiry at Freedoms Inquiry | ALRC.
Yours sincerely
Stephen Bouwhuis
Assistant Secretary
Human Rights Policy
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Old 3rd Jul 2014, 11:06
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Damn it Frank I think you may be on to something!!

Some of the terms of reference: [My Bold]

"For the purpose of the inquiry ‘laws that encroach upon traditional rights, freedoms and privileges’ are to be understood as laws that:
  • reverse or shift the burden of proof;
  • deny procedural fairness to persons affected by the exercise of public power;
  • exclude the right to claim the privilege against self-incrimination;
  • abrogate client legal privilege;
  • apply strict or absolute liability to all physical elements of a criminal offence;
  • interfere with freedom of speech;
  • interfere with freedom on religion;
  • interfere with vested property rights;
  • interfere with freedom of association;
  • interfere with freedom of movement;
  • disregard common law protection of personal reputation;
  • authorise the commission of a tort;
  • inappropriately delegate legislative power to the Executive;
  • give executive immunities a wide application;
  • retrospectively change legal rights and obligations;
  • create offences with retrospective application;
  • alter criminal law practices based on the principle of a fair trial;
  • permit an appeal from an acquittal;
  • restrict access to the courts; and
  • interfere with any other similar legal right, freedom or privilege."
Those terms I believe CAsA has used with impunity in bold. There is ample evidence to support that contention.

It would seem Frank has presented us another avenue for the IOS to bring to the government's attention the degree that corruption has firmly established itself within CAsA.

Minister Truss, you failed miserably to take action against this corruption last time you were in power, failure to do so this time is a guarantee that you and your party are doomed to irrelevance politically.
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Old 3rd Jul 2014, 12:10
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thorn bird it is increasingly clear that all of CAsA's bastardry is actually supported by laws written by them that support all their actions.

CAsA can decide that you are guilty, it is written in their laws.
tough **** if you disagree. it is the law mate.

Warren Truss, Minister, is nothing more than a passenger.
he probably couldn't even pass a basic aeronautical knowledge (BAK) exam.
he has no knowledge of aviation.
as a passenger he faces a fear that the magic that holds the aeroplane in the air will inexplicably vanish and he will plummet to earth.

You are dealing with idiots.

it is all a waste of time.

ignore them all and go flying.
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Old 3rd Jul 2014, 21:20
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What W 8 said, and if Brandis needs 18 months to decide if the CASA system is not only thumbing it's nose at the rule of law, but using that rule to protect their guilty; he's in the wrong job.. Nice one Frank and Thorny is spot on, it's all there but the Minuscule is fast asleep and dreaming of winning elections in a voodoo induced coma, Rev Forsyth has knocked off and we are stuck in limbo; praying that the Senators will run the game.

Bloody great. What hangs on the wall and ticks.

Last edited by Kharon; 3rd Jul 2014 at 21:21. Reason: Ticky paper ?
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Old 4th Jul 2014, 00:39
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While waiting for the Miniscule to blink.

Hmm...could someone check the Miniscule's vitals as he hasn't blinked in quite a while??

While the horse trading, back room deals and Senate crash course is attended by the new Senators, the Miniscule is otherwise engaged...

Meanwhile in his office the CVD elephant continues to put on weight, the ASRR & UAV elephants have taken up smoking the Miniscule's prized cheroots and the PED elephant has gone on a hunger strike.




The rest of the herd has taken up residence in the Miniscule's waiting room pondering the view of the Prime Ministerial courtyard with all that lush, green grass...

So while we continue to wait.. I thought a couple of passages from the AMROBA latest newsletter may help while away the time and perhaps shine a light on what the Miniscule (& his masters) have to ponder, before the Miniscule blinks...

TRUSST comes before JUST CULTURE, which comes before NATURAL JUSTARSE (hey Red take note mate..):AMROBA Newsletter Date 30/06/2014

Quotes from Article: AVIATION SAFETY - HUMAN FACTORS

We are so well informed about “just culture” one wonders why there is so much speculation about the kind of regulatory environment that will provide the safest working environment in every sector of aviation.

Much of what is in the Aviation Safety Regulation Review Report’s recommendations and proposals, is the application of human factors that is theorised in human factor guidelines by ICAO, IATA, etc., etc., and have been recommended for years.

Whenever ‘distrust’ exists between any level of management then there is a safety concern. For instance, if an airline is having industrial issues with its staff, this is an alarm bell for regulators to monitor safety issues more closely during this period.

This will continue until an aviation “just culture” has been re-implemented and safety becomes the main concentration of the airline and its staff.
If the whole industry, including governments and regulators, adopted human factors as depicted in all the training and transcripts that is orated, then the openness and transparency that is crucial in a “just” culture would have both the regulator and operator/ organisation working together to overcome any safety concern or deficiency.
The Forsyth Report repeats what was included in the Plane Safe Report:
“The committee was dismayed by the denigration, venom and viciousness of the evidence. This attitude of mistrust if not mutual contempt between the participants places a heavy load on CASA in fulfilling its statutory function of promoting higher safety standards through education, training, advice and consultation".
It is time to return to the international safety system where trust, openness and transparency exists between regulator and those regulated.

It takes all involved to improve safety and the Forsyth Report has clearly identified how mature effective regulator safety inspectors should carry out their functions and responsibilities.


All in all the AMROBA newsletter is worth the time to read and contemplate what happened before....to what may lay before us... That's IF (big IF) the Miniscule chooses to adopt the recommendations of the Forsyth report or..

...(IMO) pending doom for any resemblance of a sustainable, flourishing GA industry...

TICK...TOCK Miniscule, the new Senate sits Mundy...

Last edited by Sarcs; 4th Jul 2014 at 01:25.
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Old 4th Jul 2014, 15:37
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what is the bet eh?

when CAsA have finished dealing with the colour blind pilots they launch into the left handed pilots.

can you imagine the incredible risk to the safety of air navigation of left handed pilots trying to navigate with right handed nav aids and maps.
can you imagine the incredible risk to safety of a left handed pilot trying to use a phillips head screwdriver?

my god how has it gone on for so long undetected.
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Old 4th Jul 2014, 20:51
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Here's a bet, if you fancy it.

There is a very nasty whisper on the wind, Truss will reappoint Dolan to the ATSB, if the Canadian report is "not too bad". Strewth, what's next McComic back in the saddle ?, elephants reduced to dog food ? CVD pilots barred? and the rule of administrative embuggerance enshrined in law.

If this is true, gods help us. It not being an auspicious start to the weekend, whistles up dogs, exits stage left, ambles off to find a shred of sanity.
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Old 4th Jul 2014, 22:52
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I keep tellin' ya: A new DAS and a couple of new Board Members, and back to business as usual.
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Old 5th Jul 2014, 06:52
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yep... (what Creamie sez)
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Old 5th Jul 2014, 08:26
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I second what Creamie said.....little will change boys, better get used to it.

Kharon, no surprise in the rumour that Beaker will stay. He is the perfect servant cos he saves his Masters lots of money.

D8
when CAsA have finished dealing with the colour blind pilots they launch into the left handed pilots
Some good posts old chap but I liked this bit
I reckon it won't be long until they mandate that you have to possess a PHD to fly an aircraft
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Old 5th Jul 2014, 09:02
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Beaker

If Beaker stays, it proves that Truss is senile. Mr Dak appointed him and he should have been booted along with Beaker after his numerous displays of incompetence. Beaker has no issues with the government spending bucket loads on MH 370, yet won't pick up a recorder in a known position and shallow water. It begs the question, why didn't he get the Navy to do it? They'd do it in a nano second, with a decompression chamber onboard. Great practical exercise for them also. No OH&S issues there to keep Heff happy!

Last edited by Jinglie; 5th Jul 2014 at 09:04. Reason: Laughing watching beaker on YouTube!
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Old 5th Jul 2014, 12:27
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tony abbot wants australia to be dynamic like america, for the economy to work the way the american one does....

be careful of what you wish for tony. the americans also assassinate people who displease them.

warren truss. is he the most disappointing minister in government....
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Old 8th Jul 2014, 01:36
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While waiting for the Miniscule to blink - Part two

Noticed Phearless Phelan has added to the now constant chorus of IOS calls for the miniscule to act and act now..: What next for regulatory reform? – Opinion

Coupla quotes.. (my bold):
Of all the industry disquiet expressed in submissions to the Panel, by far the most frequent and prominent has been the breakdown of the mutual trust and respect that once existed between the regulator and industry.

This situation, unmentioned in previous studies and reports, is observed and discussed with examples in almost all the published submissions, and is further highlighted by the 31% of submitters who requested confidentiality.

It becomes obvious therefore that there are people within the national aviation authority as it stands who are un-equipped and unwilling to be part of essential restructure, and that the whole task will have to be assigned to a newly-formed team, under a newly-appointed director reporting to a newly formed board.

The critical trust deficiency was mentioned only once in the ASRR’s recommendations at item 14, but was expanded on at several points in the Panel’s summary of its deliberations. The recommendation is:

14. The Civil Aviation Safety Authority changes its regulatory philosophy and, together with industry, builds an effective collaborative relationship on a foundation of mutual understanding and respect.
At an early point, as when any major conflict seems to be drawing to a close, it may be necessary to declare a form of “ceasefire” to ensure that the processes of reform are not further clouded by hyperactive over-regulation on the part of individuals or groups. We have in fact already heard reports of harassment that seem to suggest the reopening of old and far from fully healed wounds, and some recent “initiatives” in the medical and airworthiness areas also appear to suggest a scorched earth philosophy. Surely any new regulatory interpretations or enforcement activity should receive close scrutiny for non-compliance with published procedures, due diligence, procedural fairness and the rule of law.
Besides the CVD matter, there is rumour of much vendetta actions going on by certain one time allies of the former DAS and the, still in control , iron ring...

One such case is truly vindictive, as it is against a vocal and very active IOS member on absolutely no legal basis and originally instigated under the former DAS enforcement action (black letter) loophole that allows his stasi lieutenants to run amok when required...

Maybe all this underhanded, murky, rear guard action is a sign of a mortally wounded monster thrashing about in final death throes or maybe not??

But there is one sure fire way to stop this needless blood letting and that is for the miniscule to get off the pot ASAP.. Or pass the baton to someone who will get it sorted...

Can someone please check the miniscule's vitals?? TICK TOCK..
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Old 8th Jul 2014, 20:13
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Two lumps or three??

Phelan –"Also there’s considerable disparity between contributors to the ASRR on key specific issues, much of which is not fully resolved by the Panel’s recommendations, and needs early resolution. A good example (but far from the only one) is the question of whether two-tier or three-tier regulation represents the more effective model, and there are credible and well-regarded supporters for both scenarios."
This paragraph from the recent Phelan offering is (IMO) an important one. Conversations with folk about Part 61 usually invoke "ah, but there is no manual of standards" (MOS). The academic subject matter is way beyond my feeble grasp of 'law', but determined to explore it, I sought advice. AMROBA supports 'three tiers' other learned colleagues do not. So more digging and research, I figured the IOS would be affected by the decisions made, so best we know what it's all about.

Before I get jumped on by 'experts' let me say the following is only my take on what I have been able to glean; I expect Leadsled, Creampuff and the more legally savvy to add more erudite information on an important subject.

A third tier of legislation (by whatever name, Manuals of Standards, Aviation Standards, CAO etc.) which require no less than full parliamentary process for each operational change is a significant impost; but, it is the built in rigidity, the 'inflexibility', which raises objections.

The “Manuals of Standards” (MOS) has been designed in such a way that Australia has, to all intents and purpose, been returned to a third tier structure; this without the benefit of industry consultation, consideration or acceptance. The “manual of standard” terminology was originally used to describe certificates issued under CASR Part 21 such as aircraft TC, STC, APMA, ATSO. etc. It was never intended to meet 'aviation safety standards' specified in 9(1)(c).

Simply put, there is no risk reduction (safety benefit) in the current interpretation of 'third tier' of legislation. Arguably the reverse is true, due to regulator inability to act or respond 'quickly' to rapidly changing aviation circumstance. Indeed, it could be reasonably argued that the inflexibility of three tier regulation increases operational and accidental breech risk levels.

Under the Acts Interpretation Act 1901(Cth), the Legislative Instruments Act 2003 (Cth); and, due process to create/enact/change a legislative instrument, change can take years, while an AC/AMC (*) advisory) can be changed within days of a requirement becoming known.

(*) An incorrect, although commonly made statement is "Advisory Circulars (AC) are not enforceable". This is a complete misrepresentation of the legal position. The preamble to every AC states: “A way but not the only way to comply with Regulation ABC; (the regulation which raises the AC). However "not the only way” clearly releases the operator to 'negotiate' an alternative Acceptable Means of Compliance (ACM) with CASA.

Three tier legislation, modelled on the Canadian system would be acceptable, provided changes the current two-tier regulatory framework evolved to where the third-tier standards are drafted in plain, easy to understand language and Regulations are drafted in a clear succinct style, defining provisions for enabling standards and necessary legislative provisions, including offences.

Third tier ‘standards’; provided as either 'legislation' or Advisory (Acceptable Means of Compliance) - must comply with CASA function under Sec 9 (1)( c) of the Act to develop and promulgate appropriate, clear and concise aviation safety standards. Amending ‘standards’ specified in the regulations to “aviation safety standards” specified in regulations, to be provided in either Operational Specification or as an Instrument. Section 98 5AB of the Act states that a legislative instrument can be issued. An instrument must not prescribe a penalty.

I know; it's a bugger to get your head around it all; but in five years time when everyone is moaning about crappy regulations, I shall smile and say two or three sugars in your tier. So FWIW, have a think about what you would like to happen and have a say......

Handing over to the grown ups..
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Old 8th Jul 2014, 21:50
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Here's a complex legal concept: A Frankenstein is a Frankenstein, irrespective of how many 'Tiers' it has.

Every kind of regulatory structure has its advantages and disadvantages.

The problem in my view is not the number of 'Tiers', but that the regulator is building them. The regulator is building the structure that determines the regulator's own role in the structure. And - surprise, surprise - Australia has ended up with a structure that relies on a myriad of approvals, exemptions, certificates, permits, ratings and licences granted at the discretion of the regulator, in return for a fee paid to the regulator.
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Old 8th Jul 2014, 21:54
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"provided changes the current two-tier regulatory framework evolved to where the third-tier standards are drafted in plain, easy to understand language and Regulations are drafted in a clear succinct style,"


Unfortunately CAsA are incapable of producing anything that anyone can understand. Whether that is because the people who write the drafts are too inexperienced or incompetent or the lawyers have to much say in the final draft and the whole meaning and intention of the reg. becomes mired in convoluted legal jargon.


Maybe they do it deliberately so their FOI's and AWI's have something to do, driving industry nuts with their various interpretations of what is Kosher or not.


As it is it is impossible for anyone including the major airlines, with all their resources and money to be "In Compliance" with Australian regulations.


We can aspire to, and to the best of our ability with available resources attempt to, but at the end of the day "compliance" is still contained in the opinion of whatever FOI or AWI you happen to be confronted with on the day. Every CP or chief engineers lament.

For gods sake Mr Miniscule swallow your pride, admit because of indifference and inaction CAsA is a corrupt clusterf..k and get on with what must happen if there is any hope for the industry.

The solution is staring you in the face, just across the ditch.

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