Used and Abused
I don't think that the particular operator can be blamed for the death. All of us as pilots know the risks of beat-ups etc. I think that it is wrong to blame the operator.
Why do you think it is wrong to blame the operator. I think the Civil Aviation Act and Civil Aviation Orders make it rather clear why they can be at least partially blamed for this accident.
Civil Aviation Act section 28BE - Duty to exercise care and diligence
(1) The holder of an AOC must at all times take all reasonable steps to ensure that every activity covered by the AOC, and everything done in connection with such an activity, is done with a reasonable degree of care and diligence.
(2) If the holder is a body having legal personality, each of its directors must also take the steps specified in subsection (1).
(3) It is evidence of a failure by a body and its directors to comply with this section if an act covered by this section is done without a reasonable degree of care and diligence mainly because of:
(a) inadequate corporate management, control or supervision of the conduct of any of the body's directors, servants or agents; or
(b) failure to provide adequate systems for communicating relevant information to relevant people in the body.
CAO 82.0 Appendix 1 - 2 RESPONSIBILITIES OF CHIEF PILOT
2.1 The Chief Pilot for an operator is to have control of all flight crew training and operational matters affecting the safety of the flying operations of the operator.
2.2 The responsibilities of a Chief Pilot must, unless CASA otherwise specifies in writing, include the following responsibilities:
(a) Ensuring that the operator’s air operations are conducted in compliance with the Act, the Regulations and the Civil Aviation Orders.
(b) Arranging crew rosters.
(c) Maintaining up-to-date records of all licences, rating, medical certificates and endorsements held by each flight crew member employed by the operator.
(d) Maintaining an efficient system for recording flight crew duty and flight times for each crew member employed by the operator.
(e) Maintaining up-to-date records of the qualifications of each pilot employed by the operator.
(f) Ensuring compliance with loading procedures specified for each aircraft type used by the operator and proper compliance of loading documents, including passenger and cargo manifests.
(g) Effectively managing the organisation’s training and checking functions.
(h) Conducting proficiency tests in the execution of emergency procedures and issuing certificates of proficiency as required by section 20.11 of the Civil Aviation Orders.
(i) Training flight crew in the acceptance and handling of dangerous goods as required by the Regulations or the Orders.
(j) Ensuring that the document library required under the conditions of the operator’s AOC is properly maintained and kept up-to-date.
(k) Monitoring the standard of operation authorised by the operator’s AOC.
(l) Allocating aircraft for use in particular operations conducted under the operator’s AOC.
The Coroners report has stated that this operator failed in a number of the above requirements. If this is the case then I believe CASA should take action against this operator. Remember just like your license, an AOC is not a right, it is a privilege. With a privilege goes responsibility and if this operator has failed in their responsibility then they should lose their privilege, i.e. their AOC.
With the rest of your post you don’t have an argument from me.