Remarkable, the DAS is completely familiar with section 32 of the TSI, but appears 'puzzled' by the rest, like 24, 25, 26, 27 and ICAO annexe 13. Then of course there are the mysteries of AGIS; there is no evidence within the huge volume available which indicates that the "investigation" was approved, mounted correctly, not conflicted and met all the required protocols. It's passing strange where the 'investigation' must analyse the audit and the Auditors were allowed to test the veracity, competency of their own audit. Even more peculiar is the almost 'instant' one man, subjective judgement that there was in fact sufficient evidence of an intentional breach of 20A, to trigger an investigation. Now, the next question is, who is the masked man taking liberties with the various Acts. Somehow, somewhere it just don't add up.
Clearly Maestro Fawcett can smell a rat (or wabbit) in the shrubbery.
Hansard Page 15. - Senator FAWCETT: If we asked to release an email where a request was made that the report focus on the pilot's actions and potential legislative breaches as opposed to other factors, would that perturb you?
N.B. The email is still in the Senators back pocket, interesting passage of play.
Reference notes:-
Investigation, evidence and investigators manual references:
If the relevant manager considers that there may be evidence of a breach then the first action to be taken is initiation of the CEP (see Chapters 2 and 3). It is onlyafter discussion in this forum that a request for investigation should bemade using form 333.
The tasked investigator will conduct an investigation to provide the Manager EPP with a report and recommendations in accordance with the procedures set out in the Investigators Manual which incorporates the Australian GovernmentInvestigations Standards. (Reference 11-4 enforcement manual.) If a prima facie case exists and prosecution is considered, a Brief of Evidencewill be compiled and submitted in accordance with the procedures set down in the Investigators Manual. Alternatively, on consideration of the investigator’s report, the Manager EPP may decide that the issue of an AIN is a more appropriate penalty. This will also be discussed as part of the CEP. (Reference 11-4 enforcement manual.)
11.5.2 Reporting The Investigators/Coordinator Investigations make entries on AIRS, on the ASIS database and on the Enforcement Action Register on the Enforcement Action eRooms. (Note: This would be as per the AGIS 2003.)
Got to love Hansard, the FOI Act and days off.
