FOI is absolutely right, and I would guess future litigants may well press this point. CASA working outside the envelope, so to speak.
The days when CASA Inspectors could make decisions in the field to help operators are gone forever. Much as some of the 'good guys' in CASA (there are a few) would like to be helpful, the fully legal option is the only choice.
Expect yet more CASA limitations on how training can be conducted, and by whom, to follow this tragedy.