PPRuNe Forums - View Single Post - Senate Inquiry, Hearing Program 4th Nov 2011
Old 27th May 2013, 05:44
  #2007 (permalink)  
Sarcs
 
Join Date: Apr 2007
Location: Go west young man
Posts: 1,733
Received 0 Likes on 0 Posts
Political indifference and the ‘GWEP’ (GP)!

Here was the official Media Release that accompanied the tabling of the report:
** Media Release **
23 May 2013 MR 04/13


AVIATION ACCIDENT REPORT RELEASED INTO NORFOLK ISLAND CRASH

The Senate Rural and Regional Affairs and Transport References Committee report into Aviation Accident Investigations, including the crash of a flight off Norfolk Island in November 2009, has been tabled today.

The inquiry was prompted by the Australian Transport Safety Bureau (ATSB) report into the Norfolk Island crash which has caused consternation and criticism in the Australian aviation industry.

The Senate report highlights that the performance of Government Agencies ATSB and the Civil Aviation Safety Authority (CASA) was against the objectives of a 2010 review into their operations.

Of the review’s eight desired outcomes, the Committee found actions by ATSB and CASA failed to deliver against the six main areas being:

§ maximisation of beneficial aviation safety outcomes
§ enhancement of public confidence in aviation safety
§ support for the adoption of systemic approaches to aviation safety
§ promotion and conduct of ATSB independent no‐blame safety investigations and CASA regulatory activities in a manner that assures a clear and publicly perceived distinction is drawn between each agency's complementary safety‐related objectives, as well as CASA's specialised enforcement‐related obligations
§ to the extent practicable, the avoidance of any impediments in the performance of each other's functions
§ acknowledgement of any errors and a commitment to seeking constant improvement

The Committee made 26 recommendations to address systemic deficiencies identified in investigative and regulatory processes, funding, and reporting. Some of these deficiencies include actions that may constitute breaches of the Transport Safety Act and decisions contrary to Australia’s obligations under our international aviation obligations.

The Committee accepted the pilot in command made errors on the night, and this inquiry was not an attempt to vindicate him. The overriding objective was to find out why the ATSB report was deficient and to maximise the safety outcomes of future ATSB and CASA investigations in the interests of the travelling public.

“The Government must respond in a timely manner to address these recommendations if Australia is to regain a role as a leader in effective aviation safety” Senator Fawcett said today.

“Government and its agencies need to work transparently and cooperatively with industry to ensure that a systemic approach to aviation safety consistently underpins all aviation regulatory, investigative and compliance activities.”
Creamy makes the point that the ATSB and CAsA are only following government policy:
CASA and the ATSB are not supposed to “adjust”, or even make, policy. They’re supposed to implement policy.

CASA and the ATSB implement the most important government policy, very effectively. That’s demonstrated by the fact that you still perceive CASA and the ATSB as the solution and, therefore, the root cause of a problem you perceive.
Which is a good point to make and wouldn’t broker much argument on here, however maybe it is questionable whether in fact the bureau and FF are effectively implementing the ‘government of the day’s’ aviation policy. There is significant evidence in the report and elsewhere that these two agencies are taking the ‘mickey bliss’ in regards to adhering to government policy.

As an example I would argue that points 1to6 in the media release are all examples of issues, noted by the committee, that would all appear to be in direct contravention of government policy. Perhaps if we refer to the “Great White Elephant paper” (i.e. Government Aviation policy) we can confirm this (my bold)…

..."new ATSB governance framework

In a report to the Government in 2007 (the Miller Review), Mr Russell Miller made a number of recommendations aimed at strengthening the ATSBs capacity to contribute to future transport safety.

The Government accepted these recommendations and has confirmed the ATSBs independence by establishing it as a distinct statutory authority in the Infrastructure, Transport, Regional Development and Local Government portfolio. Legislative amendments introduced in 2009 give the ATSB responsibilities in its own right under the Public Service Act 1999, the Financial Management and Accountability Act 1997 and related legislation, and discretion in managing its staff and resources.

Investigations are ideally placed to avoid conflicts of interest if they are conducted independently of the parties involved in an accident, transport regulators and government policy makers. The Governments changes formally establish the ATSBs structural and operational independence from the Government....”

…..err what the inquiry and report would seem to indicate is that the ATSB and to a lesser extent FF are struggling to implement government policy.

Here is a couple of excerpts from the GWEP (appendix C) that are of relevance to FF and 'GP' (my bold):
Portfolio and Other Relationships

I expect CASA to work closely with my office, the Department of Infrastructure, Transport, Regional Development and Local Government (the Department) and other Australian Government agencies, including the Australian Transport Safety Bureau (ATSB) and Airservices Australia, to deliver integrated and comprehensive safety regulatory advice. In particular, CASA should maintain a close and constructive working relationship with the Department and keep my office and the Department informed of all key issues and strategies. CASA should also seek to ensure its involvement in other investigation processes, including coronial inquiries, continues to be constructive.

In addition to the agreed operational priorities set out in CASA's Corporate Plan, I expect CASA to engage constructively in processes where it can provide information, assistance or advice for the purposes of policy formulation, implementation and regulation being undertaken by Government agencies, both within and outside my portfolio. This may include issues such as airport developments, airspace protection, ATSB investigations, and any other government processes that can benefit from CASA's expertise.
Some of that passage would seem to indicate that CAsA do indeed have significant input to government policy, and you are right Creamy they adhere to the minister’s direction exceptionally well!
Parliament
CASA has a responsibility to provide advice on its operations to me, the Parliament and, through the Parliament, the Australian public. Timely and accurate advice in response to requests for input to ministerial representations, parliamentary questions and other information and briefing should be given high priority. The Department will continue to take the lead in the portfolio in meeting these responsibilities.
The jury is well and truly out on whether FF actually lives up to their obligations to the Parliament or the ‘Australian Public’.
International
It is important that Australia continues to advocate aviation safety objectives through active membership of the International Civil Aviation Organization (ICAO) and participation in other international forums.

Through targeted engagement in ICAO panels and other activities, CASA can play an important role in maintaining Australia's strong record of participation and support to the organisation. I expect CASA to maintain its commitment to this framework, in accordance with the Memorandum of Understanding between CASA, the Department and Airservices Australia on the management of Australia's ICAO responsibilities. I also encourage the continuation of CASA's bilateral safety agreements, arrangements and consultations, and CASA's constructive participation in the Government's safety initiatives in Indonesia, Papua New Guinea and the Pacific island countries.
Hmm..don’t think I need to comment on this excerpt... other than to say…“How embarrassing!”
Industry Liaison
As set out in the Green Paper, CASA's relationship with the aviation sector is critical to achieving safety outcomes. Good communication and consultation, backed by a common understanding that CASA's ultimate responsibility is the safety of the travelling public, should inform all CASA's regulatory and public information activities.

Well we all know how that’s working out, e.g. AMROBA meeting!

Conclusion
I look forward to working with the Board and the Director of Aviation Safety as you confront the challenging times ahead. I am confident I will receive your support and cooperation in achieving the goals outlined in this Statement.

I ask that you provide me with a statement of intentions within two months, outlining your program for meeting these expectations, including your performance milestones.
And for the board’s ‘statement of intentions’ please refer ‘here’, although remember to grab a bucket!

So in relation to FF’s implementation of government policy (the GWEP), I suppose we could grudgingly give them a tick in the (S) (for satisfactory) column.

Note: If we accept that ‘GP’ is also ‘live’ and consequently ever evolving in the course of a sitting parliament. From the report there was a proactive change/enhancement to ‘GP’ that was noted by the Senate Committee.

Paragraph 6.13 of the report says:
6.13 Mr McCormick informed the committee that the information from the Chambers Report was used to seek additional funding from the government to improve surveillance activities.14
Which would appear to mean that Mrdak and the department (therefore the Minister) were privy to the findings of the ‘Chambers Report’.

It therefore follows that some of the department were well aware of the systemic issues highlighted in the ‘Chambers report’ and were also party to the implications of withholding that information from the ATSB.

It is also questionable whether the…“additional funding from the government to improve surveillance activities”, has had the desired affect??

And that is where a good opposition or independent pollie can well and truly make some political mileage…hmm as Biccy said there could be some real fireworks at Wednesday’s Senate Estimates??

Here is the ‘program’.
Looks like beer and burgers….doin a Kelpie!
Sarcs is offline