Lets start here:
CASR 172.110 Personnel
An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.
Then there is this:
CASR 172.150 Contingency plan
(1) An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted.
(2) The plan must include:
(a) the actions to be taken by the members of the provider’s personnel responsible for providing the service; and
(b) possible alternative arrangements for providing the service; and
(c) the arrangements for resuming normal operations for the service.
The enactment of a contigancy plan, is a temporary measure, to prevent a temporoary breach of the regs (CASR172.110). However by planning to use TIBA as a day to day mitigator, effectively means that you are planning to breach the reg on a daily basis in advance and hiding behind your contingency plan to do it. If you are enacting your contingency plan daily, then I would have to argue it is no longer a contingency plan, its your normal daily plan. CASA even says it themselves in the response and are concerend about the implications on Aviation Safety. Im disgusted at the regulators response.
What is the new OAR manager doing about Airservices not providing the level of service that his office has directed Airservices to provide? Surely if the level of risk requires a certain level of service to provided as, directed by the OAR, and that service is not being provided, then the OAR also carries the risk.
Alpha