Old 27th Sep 2015, 20:52
  #646 (permalink)  
Lead Balloon
Join Date: Nov 2001
Location: Australia/India
Posts: 3,202
Summary: CASA's opinion is that CASA knows better.

Reality: It doesn't.

The recent track record of challenges to CASA's medical-related decisions in the AAT shows CASA does not know better. CASA's decision is more often than not varied in favour of the applicant, or CASA backs down before it gets to a hearing.

A blast from the not-so-distant past:
24. Dr Navathe’s witness statement concluded in this way:

90. Having reviewed all three specialist reports, I remain convinced that I have made the safest decision in refusing Mr Bolton a Class 1 and 2 medical certificate at this time. I have formed the view that is supported by all three specialists, that Mr Bolton does not have a severe head injury, and ceteris paribus [all other things being equal] will be able to obtain medical certification after a period of 18 – 24 months has elapsed from the time of the injury.

91. I acknowledge that I have an overriding duty to provide impartial assistance to the Tribunal. No matters of significance have been withheld from the Tribunal

Despite the fact that the statement does contain the declaration of duty required by the Guidelines it could not be plainer that Dr Navathe is an advocate for his own decision. I do not propose to have any regard to his opinions. For the future I would trust that CASA’s Legal Branch would exercise independent judgement in deciding what witnesses ought be relied upon and the content of their statements. They ought, obviously enough, be confined to matters that are relevant and witnesses ought be those who can truly provide an independent opinion.
If triadic's post above is an accurate summary of AVMED's current position, it shows that CASA still does't get it.

It appears that AVMED still has an inbuilt bias that can be summarised in the vernacular: FIGJAM.
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