CASA still proposes to discriminate against the pilots who have had a medical certificate cancelled by making them ineligible to apply for a Class 5 Medical, even though, were they to apply for the Class 5, they could easily fit the medical standards required as detailed in the Draft Guidelines: Medical Assessment for Aviation. They are in effect applying an historical failure to meet a Class 1 or 2 medical standard to a current different medical standard(Class 5).
This blatant discrimination could be successfully challenged as CASA's response to this has been weak - they refuse to answer the question of discrimination but provide a lot of vague irrelevant blah:
"The purpose of the scheme is to have a simple and clear approach that doesn’t require CASA to undertake a medical assessment for pilots. That means that there is no mechanism for flexible medical decisions in this scheme. Flexible medical decisions are available for other classes of medical certificates. Less than 1% of Class 1 and Class 2 medical certificates are cancelled or refused. Therefore, we feel this is not restrictive."
Who needs a flexible medical decision under this scheme(Class 5) if they can comply with it as is?
Just because less than 1% of Class 1 and 2 medical certificates are being cancelled or refused does not make this policy any less discriminatory.