New CASA Rating and Licence Application Forms

[nomorecatering]

It seems all the forms have changed. They now include a section on any previous convictions, including civil and traffic.

However we cant faind any guidance as to whats relevent or not.

Just wonder why the focus on this all of a sudden.

[gobbledock]

Bored bureaucrats coming up with another half arsed requiremernt that they aren't even clear about.
It wouldn't be a government department if they didnt create time wasting ineffective processes that add burden on to a business.

[VH-XXX]

I'm not a lawyer but...

However we cant faind any guidance as to whats relevent or not.


That would not be your (the applicant's) call.

They now include a section on any previous convictions, including civil and traffic.


Therefore, include all information on convictions, keeping in mind that a conviction refers to your permanent record versus an infringement which is not a criminal conviction.

Traffic for example.

- Speeding fine; infringement
- Conviction for Drink Driving, loss of licence in court

Quite different beasts.

If you have a conviction, I'm certain that you know about it and therefore it should be listed.

[b_sta]

Seems pointless considering we all have had to answer the exact same question when applying for our ASICs, which we require in order to exercise the rights of a pilot licence within Australia anyway.

[Ex FSO GRIFFO]

I have to ask this esteemed forum.....

Wot would it 'matter' if I had 'rolled' a sailor / assaulted a granny' many years go and took his wallet / her virginity - and paid the penalty(ies) - and now I wanted a 'CSU/Retract' endo...???

Would the aforementioned have ANY effect on my ability to fly said aircraft SAFELY.....??

YEP...i Have the stoopid ASIC and NEVER been asked for it anywhere...

CASA = SAFETY Authority....NOT SECRET POLICE / Moral Police. We have the 'taliban' for that!! (In some countries that is...)

Wot business would that be pray tell.....and wot would be the effect on landing the ole 172RG..???? (Or wotever type..)

Constitutional??

I simply fail to see the point.:confused::confused::sad:

Anybody..??

:yuk::yuk:

[kimwestt]

I'd like to have seen you do that . . .
I have to ask this esteemed forum.....

Wot would it 'matter' if I had 'rolled' a sailor / assaulted a granny' many years go and took his wallet / her virginity - and paid the penalty(ies) - and now I wanted a 'CSU/Retract' endo...???

years ago!!

Maybe on a Sunday arvo at the "Spini"?

[Selcalmeonly]

I can't see how CASA could require that information - its not relevant to whether you can be granted an aviation license. I don't think they could use it for a fit and proper purpose test, so it baffles me what they need this information for.

It seems to me (a non lawyer) that because this information is not aviation related, it falls into the 'my private information' basket and they cannot legally ask for it! Have they got the right to ask for it?

[Kharon]

That's why. You provide a signed confession, they decide if you are a 'fit and proper person'; it's that simple. No Judge, no jury and precious little chance of beating the beast in the AAT.

Not a Fit and Proper Person. (NAFPP).

Gone DUI – NAFAPP, medical pulled, (if it pleases them).

Criminal charge – NAFAPP, gone when it pleases them.

You will be hard pushed to defend it, need big pockets. Of course if you are good little Vegemite, they may wait, but will you ever know.

The NAFAPP clause is ruthlessly, routinely and frequently used, as and when it pleases. Who gets to decide if you is or if you isn't. No, there are not prizes for guessing that one. :ugh:

That smell; Oh. thats Denmark.

CASA Integrity Survey, (http://www.kwiksurveys.com?s=OCLNNH_eda4d7e5)

Selah.

[Ex FSO GRIFFO]

Hey Kimbo,

So, that was YOU waiting behind the boab tree........:eek::eek:

Cheeerss:cool:

[Up-into-the-air]

The basis for a major change like this in the "form" must have a legislative basis for inclusion.

To me this is a major privacy issue for all of us and needs to be challenged as to legality.

The issue as previously raised in this forum of access to private information, or the consequent misuse of private information by an un-authorised third party is of major concern.

I am aware of at least one case in recent times of the passing of private information to the regulator, then misuse of it by a FOI.

The use on a basis as "Not a fit and proper person" by a delegate, ATO, unidentified CLARC person is mind boggling.

What Action should be taken??

A letter to the Privacy Commissioner and the posting of the reply on PPRUNE sounds like a good idea, then all can be advised of what we should agree to disclose or not disclose is clear.

The issue of ASIC cards is also of concern.

I would never get an ASIC card from casa. Use a third party provider, at least then, casa must make a legal application for information to this party and disclose why casa is seeking the information.

There is no requirement to use casa for your ASIC application.

Maybe this is the topic for another thread

DISCLOSE un-protected information to the regulator??

Your call!!!

[YPJT]

b-sta
Seems pointless considering we all have had to answer the exact same question when applying for our ASICsWhat form would that be on? I have never seen an ASIC applicaton ask for that information. It is not required to be submitted as part of the application as Auscheck find all that out for themselves.

[Charlie Foxtrot India]

See page 5 and page 7. http://www.casa.gov.au/wcmswr/_assets/main/manuals/regulate/fcl/form497.pdf

This form is from 2009 and I know this question was on previous versions of the form. So nothing new here. I could be wrong but I'm pretty sure that question has been there since CASA took over issuing student licences.

The student licence application used to be the same one used for an ASIC application, that could be why the confusion, now two separate forms most of which is duplicated. Much easier for the CLARCies to understand.

Since we had a middle aged white gentleman issued with a correct photo on his student licence but an ASIC with his name and ARN but a photo of a teenanged youth from the subcontinent I haven't had a lot of faith in CASA's ability in this area.

[kimwestt]

Nah, I was havin an ale or three with Chilli - watching you !!!;)
Cheers:D

[kimwestt]

The (phrase?) NAAFI as applied to the enemy seems appropriate.
See ya.
As the NAAFI's are part of the Flat Earth Society, it seems like a job for the Nac Mac Feegle gang.

[b_sta]

What form would that be on? I have never seen an ASIC applicaton ask for that information. It is not required to be submitted as part of the application as Auscheck find all that out for themselves.

I direct you to page 9 of CASA's ASIC application form (form 498):

http://www.casa.gov.au/manuals/regulate/fcl/form498.pdf

(note that this is from 2010)

What worries me, as up-in-the-air referenced somewhat, is first and foremost a random face at CASA misusing or prejudging based on this information. But also, what about the chances of a commercial pilot, having not re-offended for 9 years (just as an example) and now successful in his or her role, filling out the application form prior to, say, a MECIR renewal, an ATO reading over it and then making hasty judgments or assumptions of the pilot during the flight test as a result!

(And you'll note that this information is now required even on renewal forms! http://www.casa.gov.au/manuals/regulate/fcl/form645.pdf)

[Checkboard]

But also, what about the chances of a commercial pilot, having not re-offended for 9 years (just as an example) and now successful in his or her role, filling out the application form prior to, say, a MECIR renewal

In the UK and most (but not all!) Australian states, convictions over a certain time period (which varies depending on the charge) are known as "spent convictions", the record is expunged, and there is no need to volunteer the information to anybody.

Now the situation varies by State in Australia. Look here (http://www.privacy.vic.gov.au/privacy/web2.nsf/files/australian-privacy-regulation-map) for information on your state. As an example, I grew up in Victoria, and thus here is the Victorian Police official policy (there is no "spent convictions" legislation in Victoria):

Consent
Victoria Police does not release criminal history information to any organisation outside the sphere of law enforcement and / or the administration of justice without the individuals written consent. In order to obtain a national police certificate an individual must complete the appropriate application form, called ‘Consent to Check and Release National Police Record ‘ and pay a fee.

What will be released
Victoria Police release criminal history information on the basis of findings of guilt, and may also release details of matters currently under investigation or awaiting court hearing. It is important to note that a finding of guilt without conviction is still a finding of guilt and will be released according to the information release policy. Victoria Police release police records in accordance with any or all of the following guidelines:
• If the individual was an adult (eighteen years* or over) when last found guilty of an offence and ten years have since elapsed, subject to exceptions listed below, no details of previous offences will be released.(Emphasis mine) Victoria Police - Release Policy (http://www.police.vic.gov.au/content.asp?Document_ID=692)

Thus, if I had a conviction over 10 years old (as an example ;) ), I would write, "no convictions" on any CASA form.

[Checkboard]

Of course, if the CASA form is not accompanied by an official "Consent to Check and Release National Police Record" form, one wonders how CASA would ever find out if a person failed to remember a conviction and thus forgot to write anything on the CASA form?

[Kharon]

Off the net:-
2.6 Details of any Regulatory Action, Traffic and Criminal Charges, Convictions or Imprisonment

Note 1: Action includes, but is not limited to, suspension and cancellation of any aviation authorisation

Note 2: Includes Australian and overseas actions, charges, convictions or imprisonment



Has any action been taken against you; or

Is any action in the process of being taken against you; or



Have you been refused the issue of any aviation related licence, certificate, rating or authority by any organisation?



Have you ever been refused the issue of a transport related licence or certificate? (eg, pilot’s licence, pilot certificate, driver’s licence, boating licence).



Do you have any criminal conviction or finding of guilt, which is less than ten years old, or any juvenile criminal conviction or finding of guilt, which is less than five years old?



Note: You should also include all motor vehicle traffic-related convictions including those from overseas



Is suspension or cancellation action pending in relation to any aviation licence you hold?



If you have answered yes to any of the above please provide details below. Include details about dates, actions, charges, convictions and imprisonment in Australia and Overseas. (attach a separate page if necessary).

Sign here Sir.

I hereby certify that all statements in this application are true and correct in every particular and that I have read and understood all Civil Aviation Safety Regulation requirements relevant to this application. I consent to CASA using and disclosing my personal information in accordance with CASA’s privacy policy including exchanging the information with Commonwealth, State and Territory government agencies. I have attached all required documentation specified in the applicant checklist and acknowledge that to knowingly make a false statement is an offence against the Criminal code Act 1995.



I have read and understood my obligations under regulations 6.55 and 6.59 of the Aviation Transport Security Regulations 2005, with reference to my security status and any relevant criminal convictions. "Someone just declared war on the 'Jones Boys' ".

Yummy Denmark and Napalm, Mums favourite.