Old 17th Mar 2013, 03:24
  #1288 (permalink)  
Sarcs
 
Join Date: Apr 2007
Location: Go west young man
Posts: 1,732
Here you go Kharon here's the link:http://www.casa.gov.au/enf/009r006.pdf

Oh and here's a slightly edited version of pg 6-38 and the referred to paragraph 3.4:
6.14.2 Suspension for Purposes of Examination – CAR 265
Before taking any action to suspend a licence or authority for the purposes of an examination under CAR 265 (1), the referring manager must ensure that they have taken part in the CEP (see Chapter 3 at 3.4). When, as a result of the CEP a decision is made to recommend this action to the delegate then the flowchart Coordinated Enforcement Process G should be followed and the SFR (form 316) with attached AAC (form 886). The manager must also ensure that the holder of the licence or authority has been, or will be, (co-incidental with the suspension) validly required to undergo an examination under regulation 33 or 5.38. (This requirement may be included in the CAR 265 notice.)

It is important that the referring manager discuss with the ALC all aspects of the AOC Holder’s behaviour that was/is of concern to the referring manager. Other issues, in addition to serious competency issues, may need to be included in the suspension notice, for example areas where CASA is still uncertain or unclear whether competency exists.


6.14.2.1 Duration of Suspension

Any suspension under CAR 265 (1) remains in force until such time as the examination is completed and the results are known. Where the result of an examination does not show any ground on which licence or authority may be varied, suspended or cancelled, then the delegate must immediately terminate the suspension of the aviation permission and notify the holder of the document in writing that the suspension has been terminated.

If, after the results of an examination are known, the delegate decides that there are grounds for the variation, suspension or cancellation of the licence or authority, this action must be taken under CAR 269. The licence or authority remains suspended during the period allowed in the SCN to respond.
See generally sections 6.5-6.8 of this Chapter and the SFR (form 316) and AAC (form 886).


6.14.2.2 Preparation and Issue of Suspension Notices

The procedure for the preparation of suspension notices (form 311) under CAR 265 is much the same as for the preparation of SCN (see section 6.9 above). A decision to suspend a licence or authority under CAR 265 is reviewable by the AAT and the suspension notice must advise the holder of this right of review. Such a decision is not subject to the automatic stay provisions in section 31A of the Act as no show cause is required before the decision is made - see sample form 311.

Pg 3-2 of Enforcement Manual:


3.4 Initial Investigation

Where information is received by the operational/technical area an initial investigation may be carried out by the operational/technical staff prior to the CEP being initiated. (See flowchart – Coordinated Enforcement Process A).

Managers in operational and technical areas need to consult with their team members on receipt of information and initial investigation to determine whether the matter can be addressed by using other means such as RCAs and ASRs or whether enforcement may be necessary. A record should be kept of such meetings and preliminary decisions.

There may also be a need for further investigation to be carried out by operational/technical personnel after the CEP has been initiated. As part of the CEP it may also become apparent that the specialised skills of a Part lllA investigator should be used.
Like Dom James and anyone else who has been issued or will potentially be issued (maybe some of the ex-Barrier pilots should take note of this!) with a suspension notice under r265, reading this to checklist all the legal crossing of "t"s and dotting of "i"s that is required of FF could well be in your best interest!
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