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Truss: Aviation Safety Regulation Review

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Old 2nd Feb 2014, 23:18
  #341 (permalink)  
 
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If CASA draft the regulations, (appallingly I admit), they have no right policing those laws and claim any independence or statutory authority under the mantle of safety.


1) CAA, (omit the safety), should draft the regulations based on FAR's.


2) A new branch of Commonwealth Police should enforce those rules, carry out investigations aided by an in-house ATSB and,


3) The DPP prosecute any breeches.


4) Get rid of the AAT and give The Commonwealth Ombudsman more open terms of reference to enable third party investigations outside the umbrella of government and give him powers to make findings not just recommendations.


As for smoking big holes, the buck stops with The Minister and his Advisors.
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Old 3rd Feb 2014, 07:46
  #342 (permalink)  
 
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in my neck of the aviation woods the only reason the rules seem to work is that they aren't policed and you can use common sense instead.

the thought that we would actually have to adopt the rules chapter and verse is intolerable.

I think I might retire to new zealand just to be able to fly somewhere sensible.
....or canada.



just how many nutters make up a CASA?
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Old 3rd Feb 2014, 21:31
  #343 (permalink)  
 
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Time!! gentlemen [and ladies] Pleeaase

Here is another one- This has taken 6 years to get to this stage.

Documents

30 January 2014

All comments should be submitted via the Project Leader, Roy Tuomela by close of business 14 March 2014.

History


31 Jan 2014

Consultation Draft 1402AS for proposed Part 175 of CASR - Aeronautical information management
All comments should be submitted via the Project Leader, Roy Tuomela by close of business 14 March 2014.
7 Oct 2009

NPRM 0901AS - Aeronautical Information Services
Comments closed 4 December 2009.
11 Mar 2008

Project AS 08/05 - CASR Part 175 - Aeronautical information management
Project announced.
RollOn the US-FAR's
Up-into-the-air is offline  
Old 3rd Feb 2014, 23:15
  #344 (permalink)  
 
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A question for Roy....

Hey, Roy,...what have you been up to for the passed six years? Do tell.

Seems like "progress" on CASR 175 Aeronautical Information Management has been somewhat glacial.

Seems very strange to me that an "agency" that can't even manage itself and its staff properly has the temerity to postulate 175. ! FFS

Still, we the taxpayers must remember that these important "safety" issues must be considered, on and on and ongoing forever to keep people "employed" and in a career for life. All part of the empire building process.

For example...heard the anecdote years ago that in changing from the bound log books, with numbered pages to the coloured tab, loose leaf file arrangement...the design of, took two years to finalize.
Yep...no doubt about it if you have the right contacts in CAsA ...there's bucks to be made. Yours.
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Old 4th Feb 2014, 00:48
  #345 (permalink)  
 
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Damn it all!!! just renewed my Jepp subscription.
Oh well back to DAP's, can't see anyone else bothering to try and comply with that cr..p.
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Old 4th Feb 2014, 05:58
  #346 (permalink)  
 
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Dr Hoodoo's travelling roadshows?

Just some of the important sojourns in the past few months!
Seems like the skies the limit for those who love hypothetical bureaucratic banter.

Dr Hoodoo at the ‘National Transport Regulations Reform’. Showcasing CAsA's 25 year $250 million white elephant?
National Transport Regulations Reform - Sydney - Eventfinder

Dr Hoodoo helps build aviation future. Interesting 'theory' (untested of course). CAsA contributes to aviation a future?? Please help me off the floor.
http://www.aviationaerospace.org.au/...ag_Aug_web.pdf

Dr Hoodoo helps the medical field with creating Just Culture. Oh my, CAsA just culture philosophies shared with another government bureaucracy clusterf#ck?
https://www.eventbrite.com.au/e/dr-a...ets-8625215251

Dr Hoodoo goes to Bali and spends time with his ‘old friends ICAO. Good times, philosophical musings, a little intellectual banter and a beach massage! Count me in.
http://http://www.icao.int/APAC/Meetings/20...sk%20Force.pdf

Line up now to get tickets to the great Hoodoo 2014 extravaganza! No doubt 2014 will also be a robust year for travelling, mingling, musing and 'troughing'?
Perhaps a puppet show will also be on the cards - Dr Hoodoo using the Skull as a hand puppet?

Oink oink
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Old 4th Feb 2014, 09:20
  #347 (permalink)  
 
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Wayang...

Cactus...thanks for the cackle

The CAsA Bali puppet show is characters on a stick,or sticks stuck up a few characters, with lots of activity, alas casting but shadows, mate, just shadows.

That's why we never get anything concrete out of the place...its all myth, make believe and ephemeral.

Time to bring in Punch and Judy.!
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Old 4th Feb 2014, 20:33
  #348 (permalink)  
 
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CASR 175 is called " A licence to print money".

It is in Jeppesens interest, for example, to ensure that the process of becoming approved under CASR175 is as difficult, complex and expensive as possible, as well as maximising the costs and complexity of maintaining approval. This process is called building a "barrier to entry".

By doing that you will deter would be competitors from entering the market and can therefore charge exorbitantly for your product.

CASA needs to have clauses inserted into its rectum that require it to promote the aviation industry as a whole. One corrolary of such a clause is that you don't build unnecessary barriers to entry into aviation related markets.

To put that another way, does anyone think pocket FMS, Ozrunways or anyone else is going to spend the money to become CASR175 compliant? I can see myself buying paper charts for years to come even though I wont be using them at all. ....Just bought a Garmin D2 watch last week as well
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Old 5th Feb 2014, 02:09
  #349 (permalink)  
 
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Another FF stuff-up

Just comes to light from FF by e-mail:

Project SS 14/03
CASR Part 99 technical amendments


Issue

Recent practice and advice of the Director of Public Prosecutions have identified flaws in the Part 99 legislative scheme relating to alcohol and other drug (AOD) testing.
Although Part 99 is presently the subject of a post implementation review, urgent amendments to the scheme correcting these issues is essential to the basic efficacy of the scheme. Legislative change is required because the current legislation is likely to preclude the basic operation of the scheme.
There are two main issues:
The first issue is a technical one. The legislation applies to persons who are 'performing or available to perform' safety-sensitive aviation activities. The test of 'performing or being available perform' is a threshold issue that determines who can be asked to provide a body sample for AOD testing. Further, the test of 'performing or being available to perform' is relevant to many of the offence provisions in Part 99 as well as several procedural requirements.
Part 99 also confers on testing officers certain powers in connection with the administration of AOD tests. Those powers include requiring a person being tested to cease performing or being available to perform a SSAA, and to remain in the testing officer's presence during the testing process. As part of CASA's standard procedures, testing officers require persons to cease carrying out any applicable SSAA, and to remain in the testing officer's presence, for the time it takes to provide a body sample and to complete the testing process.
The DPP recently returned a brief for prosecution under CASR 99.375 of a pilot who failed an alcohol test. One element of the offence in that regulation is that the person must provide a body sample for testing while the person is performing or available to perform a SSAA. The DPP expressed the view that the offence provision could not be made out because, having been required to remain in the testing officer's presence, the person was no longer available to perform the applicable SSAA. Accordingly, the element of the offence described above is impossible to satisfy.
Well this is not just the first example of this type of thing.

Remember Quadrio had the brief returned and no case to answer.

Problem was FF went on and on and on and on.
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Old 5th Feb 2014, 02:48
  #350 (permalink)  
 
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Love it....

Just love it!!
Real expert legal people in CDPP pointing out to CAsA pretend lawyer "experts" the error of their wordy ways.
What a crock of dodgy legalese CAsA loves to entertain...!

"technical" amendments ?...sounds like a serious legal correction to me.

CAsA must be pissed!.... remember these are the people that have made the statement .." the courts sometimes don't give us the results we require"
( or words to that effect)
Oh bugger...the rule of law.
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Old 5th Feb 2014, 02:48
  #351 (permalink)  
 
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You watch: It’ll start raining aluminium because now everyone can get drugged or p*ssed to the eyeballs and not get prosecuted. Just like they did before.

It’s surreal.

All of the time, cost and aggravation to make and implement Part 99 in response to theoretical rather than substantial safety problem, and it’s fundamentally flawed.

Two words to fix Part 99 properly: “Re” and “Peal”.
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Old 5th Feb 2014, 03:08
  #352 (permalink)  
 
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CASA's drug and alcohol push fascinated me. the entire thing was bought in on the basis of american statistics.

american statistics apply to the american population, not australians.

in 40 years in and around aviation in this country I have heard only two tales of alcohol and aviation.

one concerned a tiger moth pilot who flew lubricated all the time. he experienced a number of crashes during his time and all occurred when he was sober.

the other was a group of guys including one of my instructors who went for a fly in a twin after a party one night. they were all pilots. in the air they realised that none of them was sober enough to land the aircraft. the harrowing part of the tale was them trying to work out who was the least affected. my instructor drew the short straw. they survived ...just.
that story of horror told in the hangar must have been far more effective than anything casa has ever achieved.

it is all nonsense.

the technique seems to be
1. create a mythical fire breathing monster.
2. terrify all the kids with lurid stories of doom.
3. set up an authority to conquer the mythical monster.
4. perpetually seed the world with lurid tales of derring do.
5. pay themselves high wages as evidence that it is all serious stuff.
6. prohibit anyone from forming a contrary opinion.
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Old 5th Feb 2014, 03:19
  #353 (permalink)  
 
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The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.
H. L. Mencken
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Old 5th Feb 2014, 05:05
  #354 (permalink)  
 
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Explain away this please

The following is the people involved in this debacle:

Project management

Project Leader/s: Paul Hibberd, Special Counsel, Legal Services Division
Project Sponsor/s: Adam Anastasi, EM Legal Services Division
Standards Officer/s: Grant Mazowita, Manager, Standards Development and Quality Assurance
Interesting to look at the backgound of the Project Leader:

Paul Hibberd

Current

(self employed)

Education

  • The Australian National University

Background and Experience

Maritime affairs public international lawyer (self employed)
February 2012 – Present (2 years 1 month)Canberra


- Advice to Governments on preparations for maritime boundary negotiations including the preparation of relevant documentation.
- Assistance with the preparation of submissions to the Commission on the Limits of the Continental Shelf and the presentation and defence of such submissions, including associated legal and project management advice.
- Advice and drafting assistance regarding maritime zones legislation.
- Drafting of legislation regulating the conduct of deep seabed mining.
Commonwealth Secretariat

Legal Adviser
Commonwealth Secretariat
March 2010 – December 2011 (1 year 10 months)London, United Kingdom


Project manager on legal and technical assistance projects to Commonwealth member countries in relation to the delimitation of maritime boundaries, drafting and implementation of maritime zones legislation and the preparation and presentation of submissions to the Commission on the Limits of the Continental Shelf.
Preparation of advice on the implementation of multilateral treaty obligations by Commonwealth member countries and the impact of such treaties on sovereign power to negotiate maritime boundary agreements.
Drafting of joint management agreement provisions for shared areas of continental shelf beyond the EEZ.
Management of project budgets and consultants, liaison with high level executive and parliamentary representative of client governments, coordination of multiple inputs to submissions.


DLA Piper
Senior Associate
DLA Piper
October 2001 – February 2010 (8 years 5 months)Canberra


Complex administrative law and legislative interpretation advice to Australian Government clients.
Ad hoc public international law advice to private sector and foreign government clients, including in relation to international aviation law and maritime boundaries issues.
Australian Government procurement, contracting and probity advice and the negotiation and drafting of tender process documents and contracts.
Secondments to several agencies, including the Department of Human Services and Civil Aviation Safety Authority.
Litigation: including representation at coronial inquest and complex commercial disputes.

Senior Legal Officer
Office of International Law, Australian Attorney-General's Department
September 2000 – June 2001 (10 months)Canberra


Legal research and advice on maritime delimitation issues.
Research, advice and drafting of treaty provisions relating to the unitisation of hydrocarbon deposits in the Timor Sea.
Preparing Australian Government responses to communications by individuals to the United Nations Human Rights Committee.
Advice on other issues of public international law as required.

Legal Counsel
Civil Aviation Safety Authority
July 1997 – September 2000 (3 years 3 months)


  • Advice to CASA on issues of public international law relevant to the performance of the Authority's functions.
  • Advice on the interpretation of legislation administered by the Authority.
  • Legislative drafting and the preparatio of drafting instructions.
  • Commercial law, contracting and procurement advice.
  • Legal-policy advice and policy development.
  • Administrative law advice and litigation.
  • Advice on corporate issues.
Any comments???
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Old 5th Feb 2014, 05:45
  #355 (permalink)  
 
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Devil Talking of cultures..did you hear the one about...

...the 36 Red Rats & 11 Vestile Virgins that went to a NYE piss up??
Well now they're all apparently in rehab...

[YOUTUBE]

Fifty Qantas and Virgin airline and alcohol drug testing

Love this bit..because according to the experts (WHO & the AODCA) we're all doomed to a life of tea totalling (& no more snorting lines on the tarmac) or else??
Last year a survey of more than 300 members of the Australian and International Pilots' Association pilots revealed a culture of heavy drinking.

It found one in seven was at risk of significant life problems because of excessive alcohol consumption. Eight pilots scored above the cut-off for alcohol dependence, according to a World Health Organisation scale.

The report compiled by former Alcohol and Other Drugs Council of Australia chief executive Dr Donna Bull found three-quarters of international pilots drank at hazardous levels.

Forty per cent admitted to imbibing six or more drinks in a single occasion at least once a month _ the accepted definition of binge drinking.
Hmm...heard through the grapevine that this is just the tip of the Avmed iceberg in relation to the big end of town airlines, who are consequently..."NOT HAPPY JAN!"

Oh the FF PMO will be rubbing his hands in glee...
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Old 5th Feb 2014, 06:20
  #356 (permalink)  
 
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UITA, I have plenty of comments about that, but I am sick of being thread banned because I refuse to change my wording into a format or style that doesn't offend those soft at heart who like to appease puppet masters.
The upshot is that CAsA will do as they please, nobody who wants to expose them is allowed to and they have the doors slammed on them at every avenue whether it be legally, morally, factually or even via a tendentious blog.

CAsA =1000, IOS = 0
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Old 5th Feb 2014, 07:19
  #357 (permalink)  
 
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UITA and Cactus

If it’s possible for you to set aside your blind prejudice and be a teensy bit objective just for a little while, you might be able to comprehend the fact that:

- no one in CASA drafted Part 99, and

- no lawyer in CASA or elsewhere decided that Part 99 was good policy.

Think about it.
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Old 5th Feb 2014, 10:58
  #358 (permalink)  
 
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Blind prejudice? What blind prejudice?

Oh Creampuff, yet again you stick up for your 'lawyer friends' in CAsA. Hey didn't do it, it was not us, we were in Montreal at the time!
That's a nice quality that though, loyalty. And yes even amongst the ranks of CAsA it can still be found. And after all life would be dull without a loyal team such as the Witchdoctor, that other 'bloke' from the west and Flyingfiend at Sleepy Hollow.
Who knows Creamy, perhaps you should initiate a 'special audit' on myself and UITA Do you need to borrow an enforcement manual or is there still one on your bookshelf?
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Old 5th Feb 2014, 15:44
  #359 (permalink)  
 
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Who writes the Parts?

Come on I will bite cp

You well know as others on the thread that the individual departments write and hone the material, submit it via OLC then via AG's for approval then mrdak [Head of Department].

The part is then tabled usually sliding via parliament without notice for foisting on the great unsuspecting unwashed.

But not always when wide awake senators like David Fawcett and Nick Xenophon move disallowance motions

Go Sen nick - See cao 48 up for disallownace now.

Reasonable summary cp?

Last edited by Up-into-the-air; 5th Feb 2014 at 21:45. Reason: Just have fat fingers!!
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Old 5th Feb 2014, 18:53
  #360 (permalink)  
 
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No, because it is wrong.

Regulations are drafted by the Office of Parliamentary Counsel, on instructions from the relevant policy makers. Office of Parliamentary Counsel - About OPC (Regulations used to be drafted by the Office of Legislative Drafting and Publication, but it was recently ‘absorbed’ into the Office of Parliamentary Counsel.)

Office of Legal Counsel in CASA hasn’t draft any regulations for a looooooong time.

Office of Legal Counsel in CASA doesn’t have authority to decide the policy around D+A testing.

But feel free to blame OLC: That’s exactly what the organ grinders want you fools to do.
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