Between the EM and the SM (still missing the IM) there are 679 pages that all diligent FOI/AWIs have to get their head around.
After reading parts of the SM, just trying to come to terms with some of the extremely convoluted processes apparently now in place…could quite literally do your head in let alone be able to get your head around!
However these FOI/AWIs are given fair warning about non-compliance by the DAS in both the EM and SM (my bold):
Mandatory Use of Policy and Procedure Manuals
This manual is one of the set of manuals and other documents which comprise CASA’s authorised document set. The authorised document set contains the policy, processes and procedures with which CASA personnel are expected to comply when performing assigned tasks. All CASA personnel are required to have regard to the policies set out in this manual. Except as described in the Introduction, CASA decision-makers should not depart from these policies, processes and procedures.
John F. McCormick
Director of Aviation Safety
Pretty tough love in that statement! But there is a loophole imbedded in the statement for the less scrupulous, less diligent FOI/AWI to exploit, just six words …“Except as described in the Introduction”.
So if we scroll down to the ‘Introduction’ and on page 13 we can see what the DAS is referring to:
Departure from Authorised Policy
Adherence to CASA’s authorised policies will almost always produce an appropriate decision. As said, however, from time to time there will be circumstances in which the strict application of policy may not result in the “preferable” decision. In these cases it may be appropriate (and possibly necessary) to depart from otherwise applicable policy.
Any departure from policy must be justified in order to ensure that it:
l Is genuinely necessary in the interests of fairness
l Does not inappropriately compromise the need for consistent decision-making; and, of course
l Is not in conflict with the interests of safety.
Without fettering a decision-maker’s discretion, it is therefore expected that appropriate consultation will occur before a decision is made that is not the product of the policies and processes set out in this manual. The prescribed consultation process is described below.
Before contemplating stepping outside SOPs you need to get your superior onside (Hint: make sure you pick a boss who is a recognised sociopath). Your superior will then smooth the way or choose to circumvent the FF legal eagles, see here:
Consultation Process
Decision-Maker’s Responsibilities
When a decision-maker believes there is a need to depart from policy he or she is expected to consult with his or her direct supervisor. This process should be initiated in writing:
l Setting out the pertinent facts and circumstances
l Identifying the provisions of the policy normally applicable
l Stating why the application of that policy would not result in the making of the “preferable” decision in the circumstances to hand
l Specifying the approach the decision-maker believes is more likely to result in a “preferable” decision.
Supervisor’s Responsibilities
In considering a consultative referral, the decision-maker’s supervisor should:
l Advise the decision-maker as to whether his or her assessment of the relevant considerations appears to be complete and correct
l If, in the opinion of the supervisor, the circumstances do not warrant a departure from policy, provide the decision-maker with written advice and guidance as to how the decision might more properly be approached within the current policy framework
Note: Reliance on relevant precedent is a sound basis on which to ground such an opinion. It may also be helpful to seek advice from peers, superiors and/or CASA’s Legal Services Division.
l If, in the opinion of the supervisor, a departure from policy is warranted, the supervisor should ensure the policy sponsor (normally the relevant Executive Manager) is advised of:
i. The intention to depart from the otherwise applicable policy
ii. The alternative approach the decision-maker will be taking to the matter.
The supervisor should ensure that a full written record of these actions is made and maintained.
Hmmm….kind of like a ‘free kick loophole’ for all those FOI/AWIs with sociopathic tendencies.
There is a ‘but’ with this cosy Non-SOP arrangement…always..always keep to the rules as laid out in Chapter 6 of the EM or you could find the once obliging ALC will not come to your rescue when/if it all turns to sh*t!
So Flying Fiend when’s the Investigator Manual coming out?