Originally Posted by
MakeItHappenCaptain
Flight Examiner (not ATO’s anymore) is PIC.
I didn't realise we were after consistency
I agree 100% with you about the legal and practical situation - the examiner or instructor is in command of the flight and can override any decision/action/inaction of the candidate. And my quick search of casa.gov.au and the regs finds nothing contrarey to that. However CASA FOIs in their convoluted inconsistency have told many FEs and schools that successful licence tests may be logged as PIC - presumably of the basis that the FE must have done nothing because if they did anything then it should have been a fail! (But no, I don't have that in writing.)
So
Radiodude, check with the examiner or your chief pilot / HOO.