At last! CASA DAS states in his May newsletter industry has a valid complaint about Part 61
The CASA Briefing – e-newsletter – 29 May 2015.
From the Director of Aviation Safety, Mark Skidmore.
I have been looking carefully at issues surrounding the development and implementation of new regulations to make sure CASA is learning lessons from the past. This has been my focus as we progress with the implementation of the new licensing suite of regulations that was introduced in September 2014. I fully accept CASA can make improvements in both the way regulations are developed and implemented.
We do start with the intention to make new regulations as clear as possible, using plain language without unnecessary complexities. We most certainly do not set out to write regulatory requirements that are hard to understand. But like many good intentions our goal can get lost during the journey and, for a range of reasons, the result can sometimes be regulations that are more complex than desired.
As the aviation regulations form part of Commonwealth legislation the legal framework and style governing all Commonwealth legislation must be applied. In addition, as our regulations often set standards for a wide range of complex aviation operations they may need to be detailed and comprehensive. In short, it is not always easy or even possible to create ‘simple’ regulations. But having said that, it is CASA’s job to strive towards the goal of clarity, coherence and precision using plain and easy to understand language.
In reviewing the development and implementation of the licensing suite I can see a number of improvements we can make in our processes. The first is to do more work up front before the regulations are made. This may involve testing the regulatory proposals in a practical way with the aviation community or running a pilot program to ensure implementation plans are optimal. At all stages we need a better dialogue with the aviation community to allow us to communicate, consult meaningfully and to listen carefully to all constructive feedback. Most importantly, CASA needs to put more effort into educating and training our own people about the new regulations and their implementation so we can give clear and consistent advice to the aviation community.
I recently wrote to all pilots and flying training organisations asking for further feedback on the licensing suite and I am pleased to say the response has been very helpful. At the time of writing more than 60 people and organisations have replied to my letter and I thank everyone for taking the time to respond. A wide range of comments and suggestions have been received, and all of these are being carefully reviewed and assessed.
While CASA will not be able to adopt every suggestion, we will act where feedback identifies issues or problems that should be addressed in the interest of getting optimal outcomes from the new regulations.
Please keep your comments coming.
You can read my letter in full at update on new flight crew licensing regulations.
Safe flying - Mark Skidmore AM.
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Australian Flying Magazine quick to respond.
Editor Steve Hitchen wrote in his e-news, ‘The Last Minute Hitch’ dated 29 May ’25 as follows:
“It seems to me that CASA is telling us gently that we can forget one of the Forsyth recommendations: plain-English regulations. In his CASA Briefing Newsletter for May, Mark Skidmore points out that they would like to get complexity out of the CASRs, but the government drafting style is getting in the way. I have no doubt he's right."
"The legislative drafting style is unwieldy, legalese gobbledygook designed to be interpreted by only legal minds, not the general public to which they apply. The incongruity is that the style actually impedes aviation safety rather than promote it because the average person has no idea what many regulations actually say."
"In 2010, US president Barack Obama signed an act that forced US regulations to be written in plain English. It's way overdue that we had something similar happen here, even if it's only for aviation safety regulations."
Thanks to Mark and Steve. Progress on the horizon?
AHIA - Secretary
Last edited by robsrich; 31st May 2015 at 07:35.