The point is to absolve CASA from any responsibility for fatigue regulation. If an accident involves fatigue, which it will if CASA tells ATSB to report that way, then the pilot is open to prosecution.
The entire thrust of CASA regulation is to enshrine the principle that if an accident has occurred, then someone has broken the law. The only possible exemptions involve acts of God, and God is usually only invoked when officials are liable.
To put that another way, the Norfolk Island ditching could have been written up as an act of God, it CASA was so inclined.
Last edited by Sunfish; 3rd May 2013 at 07:02.