The whinging Pommie patient and her husband,
Seriously does it really matter where the passengers are from? I expect they are Australian Citizens anyway!
What we are talking about is the pilot in commands responsibilities and these are clearly set out in the CAR's:
224 Pilot in command
(1) For each flight the operator shall designate one pilot to act as
pilot in command.
Penalty: 5 penalty units.
(1A) An offence against subregulation (1) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(2) A pilot in command of an aircraft is responsible for:
(a) the start, continuation, diversion and end of a flight by the
aircraft; and
(b) the operation and safety of the aircraft during flight time;
and
(c) the safety of persons and cargo carried on the aircraft; and
(d) the conduct and safety of members of the crew on the
aircraft.
(2A) A pilot in command must discharge his or her responsibility
under paragraph (2) (a) in accordance with:
(a) any information, instructions or directions, relating to the
start, continuation, diversion or end of a flight, that are
made available, or issued, under the Act or these
regulations; and
(b) if applicable, the operations manual provided by the
operator of the aircraft.
(3) The pilot in command shall have final authority as to the
disposition of the aircraft while he or she is in command and
for the maintenance of discipline by all persons on board.
233 Responsibility of pilot in command before flight
(1) The pilot in command of an aircraft must not commence a
flight if he or she has not received evidence, and taken such
action as is necessary to ensure, that:
(a) the instruments and equipment required for the particular
type of operation to be undertaken are installed in the
aircraft and are functioning properly;
(b) the gross weight of the aircraft does not exceed the
limitations fixed by or under regulation 235 and is such
that flight performance in accordance with the standards
specified by CASA for the type of operation to be
undertaken is possible under the prevailing conditions; and
(c) any directions of CASA with respect to the loading of the
aircraft given under regulation 235 have been complied
with;
(d) the fuel supplies are sufficient for the particular flight;
(e) the required operating and other crew members are on
board and in a fit state to perform their duties;
(f) the air traffic control instructions have been complied
with;
(g) the aircraft is safe for flight in all respects; and
(h) the latest editions of the aeronautical maps, charts and
other aeronautical information and instructions, published
in AIP or by a person approved in writing, that are
applicable:
(i) to the route to be flown; and
(ii) to any alternative route that may be flown on that
flight; are carried in the aircraft and are readily accessible to the
flight crew.
Penalty: 50 penalty units.