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9th Mar 2014, 23:43

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Behind closed doors and the Elephant Gambit??

Nick’s thought bubble on CAO 48.1 commenced with this…

From which a QON was received from NX…

“…Senator Xenophon asked:
Mr Boyd: As far as I am aware, the only feedback we have from pilots, for example, on the fatigue regulations is to do with the representation of the pilots' groups on the safety action groups that we have in the regulations for consultation around fatigue risk management systems.

Senator XENOPHON: Who represent thousands of pilots.

Mr Boyd: Indeed.

Senator XENOPHON: They are saying that these rules stink and that there is a real risk in terms of fatigue and with it aviation safety. So why would you not put a lot of weight on what the pilots are saying?

Mr Boyd: Senator, the feedback we are getting is not that the rules stink, as you put it.

Senator XENOPHON: But it is that they do pose a risk to aviation safety.

Mr Boyd: The only feedback we have from the pilots association is about that particular issue.

Senator XENOPHON: And will you be acting on that particular issue?

Mr Boyd: We have replied to the association to say that we are taking the ICAO approach, and that is what we have taken all the way through this development of the fatigue regulations.

Senator XENOPHON: Can you provide us with details of documents with respect to that?

Mr Boyd: Absolutely….”

Which was finally answered like this…
“….Answer:
A comprehensive briefing on fatigue and risk management systems (FRMS) and issues related to Civil Aviation Order 48 (CAO 48) was provided by CASA to members of the Rural & Regional Affairs and Transport Legislation Committee on Monday 24 June and Tuesday 25 June 2013.

Ultimately CASA must be satisfied that an airline’s FRMS meets its rigorous safety requirements and CASA will monitor and audit industry compliance with their approved FRMS.

CASA has established a comprehensive implementation and awareness program to inform the aviation industry and its employees of the new rules. This program includes the use of:

• a wide ranging fatigue “question and answer” section on its website;
• a detailed fatigue booklet and implementation guide on its website;
• a fatigue risk management system handbook and process manual; and
• national face-to-face briefing sessions with industry and interested stakeholders which commenced earlier in May 2013….”

Interesting that on the very same day of the FF 1st day of briefing (24 June 2013) Nick put forward his DM on CAO 48.1, which was closely followed (2 days later) by the AIPA media brief in support of Nick’s DM:

Safety risked by flawed aviation rules that would result in fatigued pilots landing planes after 20 hours at the controls

Then we had this revelation in DF’s contribution to the DM CAO 48.1 debate…
“….I rise to speak on Senator Xenophon's disallowance motion against the Civil Aviation Order 48.1 Instrument 2013. I will first correct the record. There was dialogue in the previous government, and I commend Minister Albanese, as he was then, for his willingness to engage. In fact, I remember attending a meeting with Senator Xenophon, with then Minister Albanese's staff, with Minister Truss's staff, with representatives of the Australian International Pilots Association and with CASA where we talked through this issue at length. At the end of that meeting, the position that was adopted—certainly by me—was that the disallowance should not be supported. Minister Truss's position was the same…”

All those bods, behind closed doors, in one room the mind boggles..

Does kind of explain why AIPA went quiet on the subject of CAO 48.1; or maybe they were otherwise engaged since then; or maybe they were happy with the general consensus (bi-partisan proposal) as stated by DF…

“…Senator Xenophon mentioned the expert panel that was discussed at the meetings we had last year with then Minister Albanese's staff, Minister Truss's staff, CASA and the industry body. This concept, situated in a more structured framework, is something that I am very much pushing for as part of the review of aviation safety and regulation. I am also in discussions with the current minister's office about this concept in regard to CAO 48.1….”

However history shows that such panel’s recommendations/concerns almost always are ignored when it comes to final rule-making by Fort Fumble, so what is different with this case?? Was their perhaps a multi-party informal agreement?? If so why did NX not drop the DM??

Passing strange..

..that the DM still had a number of sitting days to run and yet Nick had it brought forward for debate almost at the very same time that the miniscule was introducing the board amendment to the CAA…

The Elephant Gambit:

It may be the miniscule has the next move but the good Senators have certainly cut down his available options

, while effectively outing at least one elephant on the board…

So to the division where the AYES are perhaps more interesting than the NOES- AYES: 10 NOES: 39 (The Senate divided. [13:27])

Creamy it would appear that Senator X has already established, in aviation matters at least, a loose alliance with the Greens..

Interesting times ahead come the 1st of July…