25 Jun 21
Dear Mr Pudniks
Further to your previous requests seeking recognition as a Part 149 organisation.
On considering the issues further and noting that CASA may only grant an authorisation on the basis that it is not likely have an adverse effect on the safety of air navigation, I am of the view that it is in the best interests of ongoing resource allocation and limiting the potential costs of a formal application that any assessment should first determine your suitability (including whether you are a fit and proper person) to be approved to be issued with a Part 149 ASAO approval.
It is anticipated that this initial assessment of your suitability can be undertaken upon receipt of a Part 149 Application that fulfils the statutory requirements, including regulation 11.030 of the CASR. For the avoidance of doubt, the material supplied by you to this time does not constitute a properly completed formal application.
I also draw to your attention that under regulation 11.055 of the CASR, CASA must take the following matters into account (emphasis added):
(a)
the applicant's record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
(b)
the applicant's demonstrated attitude towards compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety; and
(c) the applicant's experience (if any) in aviation; and
(d) the applicant's knowledge of the regulatory requirements applicable to civil aviation in Australia; and
(e)
the applicant's history, if any, of serious behavioural problems; and
(f) any conviction (other than a spent conviction, within the meaning of Part VIIC of the
Crimes Act 1914) of the applicant (in Australia or elsewhere) for a transport
safety offence; and
(g) any evidence held by CASA that the applicant has contravened:
(i) the Act or these Regulations; or
(ii) a law of another country relating to aviation
safety; or
(iii) another law (of Australia or of another country) relating to transport
safety; and
(h) in the case of an authorisation referred to in subregulation 11.040(2), the applicant's financial standing and financial stability; and
(i) any other matter relating to the fitness of the applicant to hold the authorisation.
As you have been previously informed, CASA has presented a brief of evidence to the Commonwealth Director of Public Prosecutions regarding your reported recent and ongoing alleged non-compliances with regulatory requirements. These matters are also relevant towards both your demonstrated attitude towards compliance with the regulatory requirements as well as any serious behavioural problems. The repeated nature of your alleged conduct has also occurred despite CASA’s best efforts on numerous occasions to ensure that you have an awareness of the regulatory requirements.
It is proposed that by initially conducting an assessment of your suitability (or as a controlling member of an applicant body) to be entrusted with privileges as a Part 149 ASAO, this will avoid a situation where considerable time and resources are expended by all involved.
Given the scope of regulatory responsibilities associated with a Part 149 ASAO approval,
a person's fitness and propriety will also
be measured against the
particular functions and activities to be authorised, and the nature and extent of the wider responsibilities necessarily attendant upon the performance of those functions and activities in the broader interests of safety.
I also draw to attention that irrespective of the above suggested initial approach to the assessment, a final decision as to any Part 149 ASAO approval will need to be deferred until the matters the subject of the brief to the CDPP have been concluded.
If you should have concerns with the above proposed approach to assessment, then please let me know.
Regards
———
Manager Sport Aviation
General, Recreational and Sport Aviation Branch
CASA\Stakeholder Engagement Division