To answer creampuffs question on how we cope with aircraft that have malfunction less than 3 days, mil aircraft, etc...we cope (quite easily in the airspace I control because we have radar as well) I'm sure the perspective will be different from a controller in non-radar airspace...but the rules say they can come in so we can let them, without putting our jobs on the line...whether we agree with the rule or not as a controller we have to abide by them, te same as we radaries have to abide by 5nm or 1000ft separation...
Unfortunately if you don't meet the criteria for ADSB, by having it or having an exemption from CASA or ASA then you can't come n play...
I have to say i think, and jut my own personal opinion, is that a bigger differential should've been made between 1/ airspace that has radar & 2/ airspace that has no radar but ADSB
In case 1 anyone should be allowed to fly in the airspace provided that they could meet the criteria needed for that airspace prior to the ADSB rule
In case 2 it should be more flexible in that if you don't have ADSB you can be allowed in subject to other users with ADSB capability with the expectation that if you are penalising a compliant aircraft you can be expected to be shuffled about with change of levels or whatever is needed to not hinder the compliant aircraft
As to forcing an aircraft into weather, we don't have good systems here for seeing weather, the pilot(s) need to inform ATC that they are encountering or about to enter adverse weather & use the words 'Require', route deviation or level change to avoid the weather...ultimately the pilot is responsible for the safety of the aircraft & passengers onboard, ATC will do anything they can to assist in achieving that as the rules allow us..I don't know any controller that would deliberately force an aircraft into adverse weather if The weather is known to the controller...