Dear Mr Buckley,
Your email of Friday 1 November states that you have
“identified a grave and imminent risk to aviation safety, and I am confident that I can substantiate that.”However, your email fails to state what that grave and imminent risk is that you have identified.
A serious risk is one where conduct has caused, or is reasonably likely to cause an aviation accident. Chapter 7 of the CASA Enforcement manual outlines a number of examples of such serious risks;- Conduct indicating the use of, or an intention to use, an aircraft that was unairworthy on passenger carrying operations
- The carrying out, or failure to carry out maintenance, in a manner that would result in that aircraft becoming unairworthy
- A pilot in command flying or indicating an intention to fly, when not authorised to do so due to lack of licence, rating, endorsement, medical certificate, or other necessary authorisation
- The occurrence of an accident or serious incident has occurred where evidence exists that a significant breach of CASA legislation, or a lack of competence, was a causal factor
- The carriage of passengers for hire or reward, or conduct indicating an intention to carry passengers for hire or reward, without the operator holding an AOC authorising such carriage
- A pilot in command engaging in conduct, or showing an intention to engage in conduct, that constitutes dangerous flying.
It should also be noted that the risk must not only be serious: it must also be imminent. Imminent is defined as likely to occur at any moment. If you are able to identify and substantiate such a serious and imminent risk, I have requested that you provide that evidence to me urgently.
Nevertheless, if your concerns do not meet the threshold of a serious and imminent risk as outlined above, you are able to take those concerns to the Commonwealth Ombudsman or have them considered via the appropriate legal avenues as you have been advised on a number of previous occasions.
Your issues have also been considered by the ICC and I note that you have also have met with the Chairman of the CASA Board on a number of occasions to discuss them without resolution. As such I see no utility in a meeting with myself and I reiterate that the appropriate avenue for further consideration is via either the Commonwealth Ombudsman or determination via the legal system. Regards
ShaneShane CarmodyCEO and Director of Aviation Safety
Civil Aviation Safety Authority