Axiom,
Presumption of innocence? Um, come on, in Australia that concept disappeared years ago with random breath testing (pulling you over for no reason except to test your breath to see if you have been drinking...to see if you havebeen breaking the law) and harassment cases where the names are published in the media well before the trial so any 'presumption' is thrown out the window.
Ax, I don't know this guy, I don't know the case, don't know whether he is guilty and I wasn't even arguing this case. I am debating the general priniciples. Sometimes the machinery of CASA does take an inordinate time but then they would also be accused of shooting from the hip if they acted quicker.
Good law, bad law? I guess that's a matter of opinion and where you stand on issues and there are many examples of that in Australia. The law is enacted by the parliament which is supposed to represent the people and the law is the law until it is changed. We do not have the luxury of choosing which laws we follow and which ones we don't without ramification, thank goodness.
Now, when it comes to aviation, the laws with which we must comply that are intended to put some order in the system and provide protection PRIMARILY to those on the ground and the passenger. CASA is charged with enforcing the laws made by the politicians and so it must. If there is a problem with the way they administer the laws then there are avenues of redress.
Are you really suggesting that if CASA finds someone breaking the law that they have to go to court each time to administer the consequence? I hope not. Now, CASA should act fairly and without malice and I know that individuals within the organisation have not always done that; but that is a management issue within CASA that needs to be addressed. But I also believe that if CASA finds pilots flying with invalid medicals, invalid endorsements, invalid ratings, false entries in log books, fake training, invalid maintenance releases etc, then they should take action. I can see the public demanding action if CASA was not to act.
"The rules they made up"....if you saw the process the regs and legislation undergo getting through parliament, then you would realise there are ample avenues for people to have their 'say'...often that 'say' is not agreed with by others but that is the system we work under and in general it seems to work okay.
Now, how can we make the system better? I don't have a problem with a 'points' type system IF it is concieved and administered without fear or favour; I wouldn't mind seeing an decision review committee consisting of industry/CASA/joe public who could review questioned CASA decisions-a sort of ombudsman...there are ways and means.
But the law we have right now is the law that CASA has to administer...I don't see their current powers contrasting dramatically from the powers the police have at present.
I do believe that we need strong enforcement for the industry's sake.
Sorry, that is just my opinion.