Wiki –"A tosher is someone who scavenges in the sewers, especially in London during the Victorian era. The word tosher was also used to describe the thieves who stripped valuable copper from the hulls of ships moored along the Thames. The related slang term 'Tosh' referred to valuables thus collected, both are of unknown origin.
Brother Sarcs has just placed the WLR on the road to a veritable minefield, a large one. At first the road is deceptively easy to tread. But the business of ICAO Annexe 13, Chicago 26, the Air Navigation Act, the Transport Safety Act and the CASA – ATSB Memorandum of Understanding are all harbingers of the rocky, dangerous path toward presenting an acceptable report to industry. So, as it's straight down to business on Monday and, it's what we are paying for: If you would care to consult your agenda:-
ToR. • the structures, effectiveness and processes of all agencies involved in aviation safety;
Item 1 - the infamous Pel Air CAIR 09/3 synopsis.
This document, (IMO) standing alone, is worthy of 'proper' inquiry. The WLR won't even get close to an 'in-depth' analysis of the twists, turns, embuggerance or legally manufactured smoke and mirrors resulting in the unholy TSI/ MOU shenanigans. Thank the heavens, that it is still part of the Senates remit, unanswered and unsullied.
Just to actually find in the original CAIR 09/3 in the first iteration of the 'attachment package' was a feat of investigative dexterity. The first tabled version was 'withdrawn', only to be returned with some 20 (30 by some counts) pages less in the second incarnation (interesting word count by the way): granted the 1999 and 2001 MOU had been removed; but, the page/word count still don't tally. The entire 'package' was large and CAIR 09/3 was buried deep within piles of tedious bumf. The official tale will be that the 99/01 MOU had 'no relevance', and rightly so until you start to unwrap the history of the CASA take over of the ATSB heart, mind and soul. What was it Nixon said?; "When you have a man by the balls, his heart and mind will follow"; - something along those lines.
Here, for the curious a puzzle; is it administratively improper to 'use' a MOU which is 'coming', but has not yet arrived?; sure it's academic, but isn't the AAT is required to notice such things, perhaps as being a signpost toward the intent to be mischievous. Then, there is this:-
The CASA Manager Accident Liaison and Investigative group (MALIU) was tasked with CONDUCTING a parallel investigation for CASA purposes. An investigation was commenced the next day". etc.. my bold and caps.
As a Federal enforcement agency CASA must (in no uncertain terms) comply with the ‘Australian Government Investigative Standard 2003’. (AGIS 2003). The issuing of a Form 333 ‘Request for Investigation' or 'Recommendation for AIN’ must be completed, submitted and approved to officially refer an investigator to the case. Strict protocols and procedures are required to be completed. There was no Hansard evidence presented which justifies or proves that the Pel Air "Investigation" was initiated according to the terms and conditions prescribed within the CASA document Investigators Manual (AGIS 2003).
A CASA investigation team must comprise at least one Part IIIA delegated investigator. No public evidence was provided (in Hansard) to support Mr. White (MALIU) being qualified as a IIIA in order to 'conduct' the investigation, indeed, no nominated IIIA investigator or investigation running sheets or logs were publicly provided to the Senate. Perhaps they were given 'in camera', benefit of doubt and all that.
But it would be of some interest to define who was the delegated the Part IIIA investigator 'conducting' and to sight a copy of the form '333', justifying the cost benefit analysis, both authorising and approving the investigation; as well as appointing the IIIA investigator. It is believed that Mr White was appointed to a new position created as a consequence of the Miller review and the 2010 Memorandum Of Understanding. In this position, one could reasonably expect White would have been totally cognisant of both the 2004 and 2010 MOU and the TSI Act 2003. Is it therefore reasonable to assume that White would also have understood all CASA obligations in relation to an ATSB accident investigation under the then effective 2004 MOU and the obligations to ICAO under the ANA.
Item 2 next time, this tale is not as long as Galsworthy's Forsyte Saga, but it has nearly as many twists and turns, the ending ?, Ah well children we'll just have to wait and see.
Selah.