Recommendation 1
The Australian Government develops the State Safety Program into a strategic plan for Australia’s aviation safety system, under the leadership of the Aviation Policy Group, and uses it as the foundation for rationalising and improving coordination mechanisms.
Recommendation 2
The Department of Infrastructure and Regional Development plays a stronger policy role in the State Safety Program.
Recommendation 3
The Australian Transport Safety Bureau investigates as many fatal accidents in the sport and recreational aviation sector as its resources will allow.
Recommendation 4
The Australian Transport Safety Bureau and the Civil Aviation Safety Authority utilise the provision in their bilateral Memorandum of Understanding to accredit CASA observers to ATSB investigations.
Recommendation 5
The Australian Government appoints an additional Australian Transport Safety Bureau Commissioner with aviation operation and safety management experience.
Recommendation 6
The Civil Aviation Safety Authority’s Board exercises full governance control. The non-executive directors should possess a range of appropriate skills and backgrounds in aviation, safety, management, risk regulation, governance and government.
Recommendation 7
The next Director of Aviation Safety has leadership and management experience and capabilities in cultural change of large organisations. Aviation or other safety industry experience is highly desirable.
Recommendation 8
The Civil Aviation Safety Authority:
1. reinstates publication of Key Performance Indicators for service delivery functions;
2. conducts a stakeholder survey every two years to measure the health of its relationship with industry;
3. accepts regulatory authority applications online unless there is a valid technical reason against it; and
4. adopts the same Code of Conduct and Values that apply to the Australian Public Service under the Public Service Act 1999.
Recommendation 9
The Civil Aviation Safety Authority develops a staff exchange program with industry.
Recommendation 10
Airservices Australia, in conjunction with the Department of Infrastructure and Regional Development and the Civil Aviation Safety Authority, reconsiders the policy on ‘Assessment of Priorities’ that stipulates that air traffic controllers sequence arriving aircraft based on category of operation, rather than on the accepted international practice of ‘first come, first served’.
Recommendation 11
The Australian Transport Safety Bureau and the Civil Aviation Safety Authority amend the wording of their existing Memorandum of Understanding to make it more definitive about interaction, coordination, and cooperation.
Recommendation 12
The Civil Aviation Safety Authority delegates responsibility for the day-to-day operational management of airspace to Airservices Australia, including the designation of air routes, short-term designations of temporary Restricted Areas, and temporary changes to the classification of airspace for operational reasons.
Recommendation 13
The Department of Infrastructure and Regional Development and Department of Defence (and appropriate agencies) establish an agreed policy position on safety oversight of civil operations into joint user and military airports.
Recommendation 14
The Civil Aviation Safety Authority changes its regulatory philosophy and, together with industry, builds an effective collaborative relationship on a foundation of mutual understanding and respect.
Recommendation 15
The Civil Aviation Safety Authority continues to provide appropriate indemnity to all industry personnel with delegations of authority.
Recommendation 16
The Civil Aviation Safety Authority finalises its Capability Framework and overhauls its training program to ensure identified areas of need are addressed, including:
a. communication in a regulatory context;
b. decision making and good regulatory practice; and c. auditing.
Recommendation 17
The Civil Aviation Safety Authority publishes and demonstrates the philosophy of ‘just culture’ whereby individuals involved in a reportable event are not punished for actions, omissions or decisions taken by them that are commensurate with their experience and training. However, actions of gross negligence, wilful violations and destructive acts should not be tolerated.
Recommendation 18
The Civil Aviation Safety Authority reintroduces a ‘use of discretion’ procedure that gives operators or individuals the opportunity to discuss and, if necessary, remedy a perceived breach prior to CASA taking any formal action. This procedure is to be followed in all cases, except where CASA identifies a serious and imminent risk to air safety.
Recommendation 19
The Australian Transport Safety Bureau transfers information from Mandatory Occurrence Reports to the Civil Aviation Safety Authority, without redaction or de-identification.
Recommendation 20
The Australian Transport Safety Bureau transfers its safety education function to the Civil Aviation Safety Authority.
Recommendation 21
The Civil Aviation Safety Authority changes its organisational structure to a client-oriented output model.
Recommendation 22
The Civil Aviation Safety Authority establishes small offices at specific industry centres to improve monitoring, service quality, communications and collaborative relationships.
Recommendation 23
The Civil Aviation Safety Authority shares the risk assessment outputs of Sky Sentinel, its computerised risk assessment system, with the applicable authorisation holder.
Recommendation 24
The Civil Aviation Safety Authority provides full disclosure of audit findings at audit exit briefings in accordance with international best practice.
Recommendation 25
The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness.
Recommendation 26
The Civil Aviation Safety Authority assures consistency of audits across all regions, and delivers audit reports within an agreed timeframe.
Recommendation 27
The Civil Aviation Safety Authority implements a system of using third-party commercial audits as a supplementary tool to its surveillance system.
Recommendation 28
The Civil Aviation Safety Authority establishes a safety oversight risk management hierarchy based on a categorisation of operations. Rule making and surveillance priorities should be proportionate to the safety
Recommendation 29
Recreational Aviation Administration Organisations, in coordination with the Civil Aviation Safety Authority, develop mechanisms to ensure all aircraft to be regulated under CASR Part 149 are registered.
Recommendation 30
The Civil Aviation Safety Authority changes the current two-tier regulatory framework (act and regulations) to a three-tier structure (act, regulations and standards), with:
a. regulations drafted in a high-level, succinct style, containing provisions for enabling standards and necessary legislative provisions, including offences
b. the third-tier standards drafted in plain, easy to understand language.
Recommendation 31
The Civil Aviation Safety Authority structures all regulations not yet made with the three-tier approach, and subsequently reviews all other Civil Aviation Safety Regulation Parts (in consultation with industry) to determine if they should be remade using the three-tier structure.
Recommendation 32
The Civil Aviation Safety Authority reassesses the penalties in the Civil Aviation Safety Regulations.
Recommendation 33
The Civil Aviation Safety Authority applies a project management approach to the completion of all Civil Aviation Safety Regulation Parts not yet in force, with drafting to be completed within one year and consultation completed one year later, with:
a. a Steering Committee and a Project Team with both CASA and industry representatives; and
b. implementation dates established through formal industry consultation.
Recommendation 34
The Civil Aviation Safety Authority’s Director of Aviation Safety meet with industry sector leaders to jointly develop a plan for renewing a collaborative and effective Standards Consultative Committee.
Recommendation 35
The Civil Aviation Safety Authority devolve to Designated Aviation Medical Examiners the ability to renew aviation medical certificates (for Classes 1, 2, and 3) where the applicant meets the required standard at the time of the medical examination.
Recommendation 36
The Australian Government amends regulations so that background checks and the requirement to hold an Aviation Security Identification Card are only required for unescorted access to Security Restricted Areas, not for general airside access. This approach would align with international practice.
Recommendation 37
The Civil Aviation Safety Authority amends the current Terms of Reference of the Industry Complaints Commissioner (ICC) so that:
1. The ICC reports directly to the CASA Board
2. No CASA staff are excluded from the ICC’s jurisdiction
3. The ICC will receive complaints that relate to both the merits and the process of matters.
4. On merits matters, including aviation medical matters, the ICC is empowered to convene an appropriately constituted review panel, chaired by a CASA non-executive director, to review the decision.
While all ICC findings are non-binding recommendations, the original decision- maker is required to give reasons to the CASA Board if a recommendation is not followed.