I’d overlooked this relatively recent decision of the AAT in which CASA’s behaviour was described as “most inappropriate”:
Hoore and Civil Aviation Safety Authority [2014] AATA 292 (13 May 2014)
As a final comment on the issue of jurisdiction of the Tribunal in situations where an applicants’ licence or certificate has expired, the Tribunal considers, notwithstanding the legality of their submission, that CASA’s timing in bringing to the attention of the applicant and the Tribunal notice of the certificate’s expiration was most inappropriate. In knowing the likely ramifications, CASA ought to have raised this issue well in advance so the applicant and the Tribunal could have responded accordingly and in a timely manner.
The Applicant in the matter was 75 years old and had been flying since 1977. CASA suspended the Applicant’s Class 1 and Class 2 medical certificates in May 2013, because the Applicant had been diagnosed with melanoma. The Applicant applied to the AAT for a review of that decision.
By the time the substance of the matter came to be dealt with by the AAT, the Applicant’s certificate had expired, but CASA hadn’t told the AAT. Instead, CASA stumped up and said, in effect: “Nyanie Nyanie Nyah Nyah: His certificate has expired so your review is legally pointless!”
Way to go, CASA. Way to treat a 75 year old citizen and the AAT. It’s
just about the law. Your opinions about matters medical are, of course, objective truths that must be enforced with a crusader’s zeal. I feel so much
safer.