Hello all,
Glen Buckley encouraged me to share my story here, to gather feedback, and for ease of reference.
To paraglide or hang glide in Australia, one must be a member of the sports aviation federation of Australia (SAFA nee HGFA). The civil aviation order (CAO) 95.8 refers.
In Mar 2020, SAFA suspended my paragliding membership with no right of reply, and no right of appeal. This was for paragliding on Fri 13 Mar 2020 when no COVID lockdowns were in force, although SAFA wanted to lockdown anyway (to virtue signal I suppose). This membership suspension was unlawful under the Administrative Appeals Tribunal Act 1975 (imho). Also the Australian Constitution says only the courts shall decide such matters.
In Aug 2020, I submitted my Part 149 paperwork to CASA to start my new paragliding organisation. Other Part 149 ASAOs are RAAus (GA) and APF (parachutes). SAFA is not yet an ASAO.
In May 2021, CASA tasked NSW Police to confiscate my wing with no warrant and no formal charges. CASA also tasked the Commonwealth Dept of Public Prosecution (CDPP) to investigate me for “flying an aircraft without a licence / unregistered aircraft (up to 2 years jail)” which remains ongoing six months later. The wing remains held with no formal charges. CASA is suggesting a paraglider is an aircraft despite its mass of 20 kg and airspeed of 20 kts, with no engine, no fuel, and no medical checks for pilots.
In July 2021, CASA wrote to confirm they are refusing to review my Part 149 paperwork, pending the ongoing CDPP investigation (which CASA started, then delayed by months by not providing basic information to the CDPP).
In Aug 2021, I referred CASA to the Administrative Appeals Tribunal (AAT) for their misfeasance re refusing to review my Part 149 paperwork in good faith, which they have held for over 1 year now. The link to the AAT matter is below (non-url mode sorry, due to being a new user).
2021/5950 Pudniks and Civil Aviation Safety Authority
Cheers,
Kurt.