From: White, Peter%
[email protected]%3E
Sent: Tuesday, 30 April 2019 2:32 PMTo: Glen Buckley%
[email protected]%3E; Derek Buckley%
[email protected]%3E
Subject: Update from CASA regarding CASA seeking external advice and 'Contracts'
[SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear Glen and Derek,
I acknowledge you have forwarded correspondence to Mr Joe Rule today regarding a potential meeting in relation to ‘claims’ against CASA. This email is not in response to that matter–rather, a follow up to my earlier phone call wherein I communicated that CASA was seeking external counsel advice and also seeking external legal advice, the latter to draft a ‘model contract’.
I can advise the following:
1.CASA has now received the external counsel advice and it has confirmed, inter alia, that a Part 141 certificate holder is not ‘precluded’ from entering into contractual arrangements with other parties to deliver flight training activities;
2.CASA has issued instructions to external legal providers for the provision of ‘model clauses’ that would meet the minimum regulatory requirements to enable ‘1’ above. CASA expects this work to be provided to CASA by 15 May 2019. Following receipt and review of this material, CASA would then provide to you/APTA.
a. I note my correspondence ‘Interim Operational Arrangements’ issued on 12 February 2019 is for the period up to and including Monday 13 May 2019. I advise I am prepared to extend the ‘Interim Operational Arrangements’ for an additional three months to facilitate this regulatory submission process.
3. Following receipt of external advice, CASA is now of the view that any instructor that is not an APTA employee, that is delivering flight training under the APTA Part 141, requires a separate Part 141.035 approval.
a. In order to assist APTA, CASA is prepared to provide this approval by way of a single Instrument.
This can be undertaken parallel to the contractual arrangements (in other words, no additional timeframe). CASA is also prepared to consider waiving any associated fees if this is something APTA would request. To facilitate this action CASA would require the following:
i. The names of all non-APTA employees that are delivering, or intending to deliver, Part 141 training; and their respective ARN
I trust this email will be informative and of assistance.
If you would like to progress the extension of ‘Interim Operational Arrangements’ please advise via return email and I will action. In addition, if you would like CASA to facilitate Part 141.035 approvals for non-APTA employees as per above, please provide me with names and respective ARNs.
Kind regards
Peter M. White