Less Words More Accountability
It's difficult to see how a change to the Act will make any difference to the quality of CASA's decision making when the requirements to 'consult' and to take into account 'cost' and to make decisions based on 'risk' are already documented.
CASA's Rule Making Principles and Obligations, last modified in August 2017, clearly state that CASA must work in cooperation with the aviation community to maintain and enhance aviation safety.... CASA is committed to ensuring that regulatory changes are justified on the basis of safety risk and do not impose unnecessary costs or unnecessarily hinder participation in aviation and its capacity for growth..... The principles outlined in the DAS Directive are reflected in CASA's standards development activities, which are transparent, inclusive and consistently applied.
CASA's Regulatory Philosophy (updated 2018) already states (2) Mindful of the primacy of air safety, CASA takes account of all relevant considerations, including cost. (3) CASA takes risk-based approaches to regulatory action and decision-making. (5) CASA approaches its regulatory functions consultatively and collaboratively. (6) CASA communicates fully and meaningfully with all relevant stakeholders - including what considerations CASA has taken into account in forming its view on the matter to hand, and what alternatives (if any) had been considered and why those alternatives had been ruled out.
Mark Skidmore DAS Directive: Development and Application of Risk-Based and Cost-Effective Aviation Safety Regulations (revised January 2016) reaffirms CASA's commitment to ensure that regulatory changes are justified on the basis of safety risk and do not impose unnecessary costs or unnecessarily hinder participation in aviation and its capacity for growth. Aviation safety regulations must be shown to be necessary.... Recognising that international standards and practices vary, CASA will align its regulations with those that effectively address identified safety risks in the most cost-effective manner.... CASA must consult appropriately with industry in an open and transparent manner ensuring that all communication is clear, timely and effective.... the safety of air navigation is the most important consideration for CASA in performing its functions and exercising its powers.... CASA must always have regard to all relevant considerations when exercising discretionary powers, including the cost.
In its decision regarding Community Service Flights, CASA failed to show that valid and appropriate means of evaluating risk were adopted. Two known incidents did not validate CASA's outcome. There was no logical, coherent argument to show convincingly that changes to minimum standards were required or justified. Rather than writing more words into an Act which will be consistently over-ridden by the primacy of 'the safety of air navigation', of more import for legitimate outcomes would be a requirement that CASA must provide an evidence-based safety case for proposed changes and must demonstrate that proposed changes are proportionate to any risk.