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Old 3rd Mar 2022, 22:09
  #41 (permalink)  
Clinton McKenzie
 
Join Date: Mar 2000
Location: Canberra ACT Australia
Posts: 721
Received 255 Likes on 125 Posts
Start putting the owner on trial for why a plane busted a minima, why a pilot busted flight and duty limits, why an aircraft went past maintenance. The owner will hire and pay staff that wont put him in jail and the industry cleans up.
There was a whole lot of fanfare when this section was added to the Civil Aviation Act:
28BE Duty to exercise care and diligence

(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.

(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).

(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:

(a) inadequate corporate management, control or supervision of the conduct of any of the body’s directors, employees or agents; or

(b) failure to provide adequate systems for communicating relevant information to relevant people in the body.
But.... read on:

(4) No action lies, for damages or compensation, in respect of a contravention of this section.
And .... despite the thousands of strict liability and other offences in the aviation law, it is not an offence to breach s 28BE(1).

The law with most 'teeth' in this regard would be WHS law. Look what happened in the Outback Ballooning case.
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