Air (no) Services are required as a condition of their licence to have and to do certain things - just as any other licence holder is required to do.
CAR 172.105 Have the management structure to enable it to provide the services covered by its licence.
CAR 172.110 Have enough suitably qualified and trained personnel to provide licenced services in accordance with published standards.
CAR 172.115 Have enough .... supervisory personnel to ensure services provided to standards.
CAR 172.145 Have a Safety Management System to ensure.... and keep it under review to ensure it operates properly.
I doubt anyone would seriously contend Air (No) Services is meeting the legal obligations of its licence(s).
Would the Chief Legal Officer of the Civil Aviation Safety Authority - or the CEO - care to provide a statement of why AirServices is not being prosecuted for any and all of its various breaches?
I'm reasonably sure CASA would prosecute Virgin or Rex if they flew a B737 with one pilot and one hostie (maybe not the protected QANTAS though).
Same thing - WHY is there no prosecution being launched.
The Air (No) Services Safety Management System requires that change be managed in accordance with a safety plan - IE all the changes in the impossibly complex NOTAMS above must have been risk analysed, and the risk mitigation strategies documented, and the resultant evaluated as safe to specified levels, the safety case to be submitted to CASA and approved by them. Would a responsible person........... no, wait, that won't work - would somebody in Airservices care to nominate the date the relevant safety case was prepared, who authorised it, when it was submitted to CASA and when and by whom in CASA it was approved, together with the file numbers so we can use an FOI request to see if any safety process was followed?
I contend that Air Services is no longer qualified to hold its approvals since the requirement is:172.030 When applicant is eligible for approval
For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved.
Since the regulations above are part of Subpart 172-C and they are not being met..........................
(And yes, for the pickers of nits, I have rather shortened the form of words in the regulations rather than use all the lawyerly words but the context is correct.)