Indeed. Centaurus has a few tales to tell in that vein as well ... Having spent much time in the past teaching pilots about such things, it amazes me how the Industry lets the standard sit where it is.
CASA also has the problem that the average FOI is not an AFM (or, especially, a performance) specialist by any means. Marta would be stretched a bit thin to review the latter stuff for all the frontline FOIs doing the donkey work.
I suspect that the pilot would be covered reasonably well for a 139(3) AOC operation but, otherwise, he/she might find him/herself hung out to dry after the prang when everyone is gunning for whatever depth pockets they can find and the pilot did, indeed, have access to the AFM.
Now, I'm a rather conservative engineer .. and once the Defence had been lodged, that had me out of the firing line on a couple of occasions in the past ..
Really, I despair at some of the comments and throwaway lines we see on PPRuNe from time to time ... obvious tongue in cheek stuff excluded.