C'mon Dick, are you seriously expecting ATCs to apply for a legal dispensation on behalf of an airline? Why would we know anything about that? It's not just a verbal approval or something we can approve ourselves.
Haven't you got your head around the fact that it's all part of CAOs so is law? The politicians and CASA are the ones you need to be badgering not ATCs. I think the rigidity is stupid as well, but the law says that's the way it is so we have no leeway.