Kharon
Neither should there be; it only leads to more prescriptive, draconian, criminal based law being produced and misinterpreted, by all. Command discretion is an essential given; in theory, it's why you get paid the big bucks. It would be grossly unfair and harsh to criticise CASA in this case.
I doubt there a pilot in command Australia who when faced with 1440 nms of open water, to a remote island, famed for fast changing weather, with a front approaching, in the middle of the night; would amble off with less than maximum fuel and at least 3 assessment points to base divert decisions against.
The fuel was there, the alternates were there, the weather reports were there; South Abeam Fiji (Nausori), fuel status check, PNR/ETP back to Nadi fuel status, TOD weather and fuel check – divert to La Tontouta. Just another day in the office.
No, not the company, CASA or the BoM, have a look at page 1; the Alternate on the way out was Brisbane 736 nms the wrong way against the wind. LA Tontouta is 432 nms in the right direction with the wind. You cannot legislate for that type of thinking, it would bring aviation to a standstill. It's even a bit rich wanting the "Company" to specify where, when and with what weather an aircraft 'must' divert. Command discretion (or lack thereof) is the key, not more bloody half arsed regulations.
have a long hard look at the report from a purely operational viewpoint; no amount of regulation would, or could have helped ?
I agree 100%. As pilots we have been licenced to make the correct decisions.