Kharon, interesting link to the Phelan article.
Section 28 has always been CASA's 'get out of jail free card' or 'ace up the sleeve'. If they are after your scalp and have no firm evidence against a regulation they can pull out section 28 which doesn't specify a rule or regulation. CASA can basically pull out a list of prior, sometimes unproven minor sins and say that under section 28 of the act we no longer have confidence in your ability to operate safely and are therefore removing your AOC or COA. It's happened more than once before I can assure you.
Again, we have a bureaucracy that has been legally granted and structured to have ultimate unaccountable power.This power in the hands of bullies, sociopaths, sycophants and other assorted nutjobs with tremendous egos and tiny penises is a recipe for disaster. The performance of the CASA over recent decades reflects an indulgence and addiction to this bottomless pit of power they have grown obese from feeding on.
"Aviation, what aviation?"