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Senate Inquiry, Hearing Program 4th Nov 2011

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Senate Inquiry, Hearing Program 4th Nov 2011

Old 2nd Mar 2013, 21:25
  #1201 (permalink)  
 
Join Date: Dec 2008
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Now that last post has truly made my Sunday. Assuming my regular position on the couch of fire standby will now be much more pleasant as I track movie reviews in search of said titles.
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Old 2nd Mar 2013, 21:49
  #1202 (permalink)  
 
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Mushroom Nutrients.

The house boat crew have been stood down for the day, they're all slightly nauseous from reading circular arguments, dizzy from spinning and baffled by the copious amounts of mushroom food (in deference to Creamie's delicate sensibilities) being generated from the NLK inquiry.

When a publicly funded safety entity appears prepared to sit and smugly base it's defence for not following world wide practice on a word like 'normally'; it's time for a shift off.

When the same entity seems prepared to happily sit and robustly deny that a normal systematic approach was applicable in this instance, airly exonerates CASA and the operator; then, almost immediately publishes a report like Canely Vale which carries no less than 20 pages all tightly focussed on systematic "operator" issues; it's even more reason to just walk the dog along the beach and sit with the horses for while.

I've now ploughed my way through a few recent ATSB reports and you can, I believe, with practice, identify precisely where the CASA copy and paste appears to have been slid into the report. Only my opinion (of course); but Hempel is a classic, Canley Vale a monstrosity; the changes in syntax, phrasing and 'manipulation' scream out "mushroom food". There are several others, but I expect those bright enough, that can be bothered to do their own research and form their own opinions, have done so.

It depends on your perspective of course; a man swimming around in dark waters, supporting a drowning wife may just have a slightly different take on matters, to a man defending what "shall" and what "shall not" be "normally" done; having due and serious "regard" for advice from above and all that jazz.

The whole thing is disgusting. The beauty of real pony pooh (mushroom nutrient) is it has by comparison, quite a pleasant smell; comes from genuinely honest animals and has not been responsible for covering up more than a few yards of dirt, even then the plants benefit from it.

– "Gobbles, fetch those saddles; let's get some fresh air".
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Old 2nd Mar 2013, 22:17
  #1203 (permalink)  
 
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Now that last post has truly made my Sunday.
I agree. Me too
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Old 2nd Mar 2013, 22:23
  #1204 (permalink)  
 
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I've now ploughed my way through a few recent ATSB reports and you can, I believe, with practice, identify precisely where the CASA copy and paste appears to have been slid into the report.
I absolutely agree that you don't actually get the picture of the ATSB pattern until you have been through a number of reports. Then you start to see a range of tricks. The ting is that its time consuming ad few people will do it, so the ATSB gets away with it.

I'm also deeply suspicious that the delay in publishing the reports is intentional to make it harder to cross check anything.
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Old 3rd Mar 2013, 08:55
  #1205 (permalink)  
 
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Worth a read!
Statement of Expectations For the Board of the Civil Aviation Safety Authority For the Period 1 July 2011 to 30 June 2013

Statement of Expectations

For the Board of the Civil Aviation Safety Authority

For the Period 1 July 2011 to 30 June 2013



This Statement of Expectations (SOE) outlines in a formal and public way, my expectations concerning the operations and performance of the Civil Aviation Safety Authority (CASA) from 1 July 2011 to 30 June 2013. This Statement of Expectations serves as a notice of strategic direction to CASA under section 12A of the Civil Aviation Act 1988 (the Act) and commences on 1 July 2011.

The Australian Government has committed additional funding for CASA and expects the Board to help position CASA to meet current and emerging challenges in aviation safety, by operating as a world leading aviation safety regulator, backed by a workforce with the requisite skills and capabilities to maintain a high level of aviation safety.

As the Board of CASA, I expect that you:

· will ensure CASA acts in accordance with the Act and the Commonwealth Authorities and Companies Act 1997 (CAC Act) as well as other relevant legislation and legal instruments;

· will give a particular focus to the governance of CASA and its performance against the goals identified in the Corporate Plan including improved safety outcomes, with the Director of Aviation Safety discharging the responsibility for regulatory decision making; and

· will ensure that I and the Secretary of the Department of Infrastructure and Transport (the Department) are kept fully informed of CASA’s actions in relation to the initiatives and activities stated below, and alerted to events or issues that may impact on the operations of CASA, including through the provision of timely quarterly reports of progress against the Corporate Plan.



My expectations are that CASA will:



1 perform its functions in a manner that supports Government policy, focussing on the key aviation goal, as outlined in the National Aviation Policy White Paper (White Paper), that aviation safety remains the highest priority.



2 in conjunction with the Department, the Australian Transport Safety Bureau (ATSB), Airservices Australia and the Department of Defence as appropriate, continue to develop and implement policies, programs and other initiatives of the White Paper to facilitate aviation safety, including:

a) continuing to develop and implement the strategy and regulatory plan for future air navigation, communication and surveillance initiatives;

b) continuing its strong commitment to completing the regulatory reform program in conjunction with the Office of Legislative Drafting and Publishing (OLDP);

c) maintaining a strategic workforce plan that addresses CASA’s future recruitment, training and skills requirements;

d) continuing to implement the Government’s policy objectives in the Australian Airspace Policy Statement; and

e) managing the commitment to cap aviation regulatory service fees (subject to adjustments in the consumer price index).



3 undertake effective and appropriate stakeholder engagement with the community, industry and Government in the further development and implementation of significant changes to CASA’s regulatory operations including continuing to strengthen industry awareness of its safety obligations and the provision of relevant education programs.



4 continue to adhere to the terms of the Memorandum of Understanding with the ATSB and provide advice to me about significant issues arising from the regular Executive meetings held between the Director of Aviation Safety and the Chief Commissioner.



5 continue to work closely with the Department and other Australian Government agencies, including the ATSB and Airservices Australia to deliver integrated and comprehensive safety regulatory advice to Government and industry.



6 continue to pursue the establishment of appropriate mutual recognition arrangements including appropriate Bilateral Aviation Safety Agreements.


7 continue to support the Government’s aviation safety agenda in the Asia/Pacific region including initiatives such as the Indonesian Transport Safety Assistance Package.


8 maintain commitment to the Memorandum of Understanding between CASA, the Department and Airservices Australia regarding the management of Australia’s International Civil Aviation Organization (ICAO) responsibilities.


9 continue to support the maintenance of Australia’s State Safety Program including the appropriate implementation of Safety Management Systems.



10 adhere to a set of values and a code of conduct that maintain high standards of professionalism, service, probity, reporting, accountability and transparency, consistent with the Government’s aim of excellence in the public sector.





ANTHONY ALBANESE
Minister for Infrastructure and Transport
2 May 2011
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Old 3rd Mar 2013, 20:20
  #1206 (permalink)  
 
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OBR - Afterthought.

Cherry picked from ATSB:-

An OBR is an on-board recording and is the term used in the TSI Act to describe a recording that consists of sounds and/or images of persons in the control area of a transport vehicle. The other requirements include:

Any part of the recording was made at the time of the occurrence of an immediately reportable matter that involved the transport vehicle.

The confidentiality provisions in the TSI Act regarding OBR recognize the context in which OBR are installed, which is to provide valuable safety information to assist in determining the factors that relate to a serious occurrence.

A recording only becomes an OBR on the occurrence of an immediately reportable matter and the Chief Commissioner must issue a declaration that the OBR is not to be treated as an OBR if the ATSB does not investigate the immediately reportable matter. (My bold).
The existing system of 'cherry picking' investigation may well suit the budget conscious office wallah, but it's no where near good enough, is it?. It has been my experience that a lazy, half arsed approach quickly becomes a normalised deficiency; like kids, horses or dogs getting bad habits early in the piece; they are really difficult to correct later, ask any competent C&T pilot.

When cherry picking, of course you can make a thing read (or seem) to be exactly as you want it to. Had some fun with "selected" lines from the Hansard of "Beaker-speak" ; it's no where near accurate or in context, but funny and sinister at the same time. Misquoted sure, but did he say the lines – yes. Sorry boys NFP.

The debate over what shall and shall not be investigated could easily be ended by simply stating all IRE will be investigated. If the event is serious enough to warrant being framed in law as "Immediately Reportable", then Shirley, it must be serious enough to be investigated.

Has beaker been seduced by the dark side of the force, or is he part of the evil empire? Hunting with hounds and running with foxes has always been a risky sport. Particularly when the hunt is chasing wolves: or wabbits.

Last edited by Kharon; 3rd Mar 2013 at 20:29. Reason: Forgot Oleo's Gold star and choccy frog.
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Old 3rd Mar 2013, 21:31
  #1207 (permalink)  
 
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Oh Mr Hart, what a mess!

Halfmanhalfpineapplefritter,

Thanks for the reminder about what the CASA, its Board of mushroom providers and the Beaker should be doing.
However all receive an 'epic fail'. No chocolate frog award for them today, instead they earn a special 'chocolate starfish award'.

As has been tautologically discussed for some time now, these departments are filled to the troughs brim with spreadsheet analysts, spin doctors, bureaucrats and as Mel Brooks would say 'stand up philosophers' aka 'bulls#it artists'.
The system is sick, the system isn't working, in some people's eyes the system is corrupt, being manipulated and being influenced to lie and deceive by different levels of power. If the current system was actually one of Kharons dogs or horses you would put it out of its misery with a lead ball (sorry Kharon, but after all your dog did try to mount my leg the other day while we watched the Senate
live. And your bloody horses trough was empty and he stole an apple out of my hand!)

As for the Minister for Rooty Hill, his oversight of this debacle is beyond belief. Roll out a couple of briefs about rooted airports, rooted local governments not footing the bill for multi billion dollar infrastructure development and then bury your snout in the engine room of some gravy train and that's it! Nothing else achieved. Fancy White Paper brochures, non committal wording and mi mi mi mi is all it contains. It's all bollocks.
And for the record, if that piece of poo Whit Paper is what this country is hanging its aviation hat on then its time to pack up the kids and leave now.

Safe skies are not bureaucratic skies

Last edited by my oleo is extended; 3rd Mar 2013 at 21:38. Reason: Watching MR Ed
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Old 4th Mar 2013, 04:04
  #1208 (permalink)  
 
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Statement of Expectoration...

Gold, Albo Gold!.
I'd give it the 2012 Golden Dog Turd award for bureaucrap.
Unremarked and unnoticed by the uninterested in FF and etc.

Who will take the prize for 2013, I wonder?
Plenty of participants in the hearing: a very competitive field, I say.

Bureaucratic spin skies are unsafe skies.!
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Old 4th Mar 2013, 05:47
  #1209 (permalink)  
 
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Beakerology

Have just been reading through the latest Hansard for Feb 28 as it is now online.
I must say the Beaker certainly was quite smug on occasions.

Of interest is the discussion about the Indonesian November 6 2008 accident report in which the ATSB assisted with the investigation. This was done of course as part of the ITSAP program in which assistance in a number of aviation areas was given to the Indonesians by Australia, after the Garuda prang in Jogjakarta in 2007. Now, as no surprise to some, guess who spent a good 2 years helping, training and mentoring our neighbours in accident investigations? You guessed it, Alan Stray. Once again this gentleman's name pops up in all the right places as he was a stellar investigator, people person and man of integrity. No doubt that is one of the reasons he went over there to assist them because he was sick of banging his robust head against brick walls in Australia.

The chickens have come home to roost. The amount of chook manure being dumped in Australian territory, including the Senate, is outstanding!
The ATSBeaker is full of 'rooster booster'. One simply has to ask just how much more the industry can take of Beaker, Ian's Sandwich and Jules Verne.....

'Safer skies appear to be Indonesian skies'

Last edited by my oleo is extended; 4th Mar 2013 at 05:52. Reason: Petitioning Alan Stray to come out of retirement, please...
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Old 4th Mar 2013, 08:33
  #1210 (permalink)  
 
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If one walks with a foot either side of the electric fence, one is bound to end up with roasted nuts. (apologies to Joh).

Has anybody heard who the new "selected" Director of Aviation Safety is, given the current incumbant is probably working overtime.

Should somebody write the job description, given I've seen none advertised to date?

May I be so bold to suggest;

1) Have empathy with fellow workmates.

2) Must work well with children.

3) Like dogs.

4) Have a preference for Canada.

5) Adore potplants.

6) Be capable of producing bulk amounts of plant nutrients.

7) Be kind to rabbits, hares and the likes.

8) Be satisfied with the salary offered and maintain your own superannuation from that salary.

Oh, and be prepared to live in Canberra and ride the Government supplied moped.

Last edited by Frank Arouet; 4th Mar 2013 at 08:37. Reason: trying to find out what a pedal file is. Came up with the moped.
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Old 4th Mar 2013, 08:48
  #1211 (permalink)  
 
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Casa briefing

Frank,

You forgot the casa briefing as another function.

February has no mention of senate inquiry.
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Old 4th Mar 2013, 09:59
  #1212 (permalink)  
 
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Frank and halfmanhalfcreambun, you forgot the ever popular internal CASA gem -Casawary. The robust internal newsletter containing all manner of pony poo.
It's probably not as good as Mi Mi Mick Quinns DCEO reports which were in video format featuring himself! That robust method of spreading the CASA love was quickly knocked on the head by John Francis. It's a shame really as it was a robust method of 'safety promotion' and meets one of the elements of the SMS!
Sadly for Mick one day he was virtually Captain of the ship, next day he couldn't even find a life raft! Aargh such are the perils of life working for the (R)egulator.

Definitely the new boss hog will have robust shoes to fill. The tote is still showing high odds in favour of one of the GWM jagging the top job once The Skullinator finishes his contract later in the year, but a rank outsider could yet be slim chance at getting his/her nose out of the starters trough and over the finish line first!
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Old 4th Mar 2013, 20:10
  #1213 (permalink)  
 
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Nirvana- dream on.

Change Director to Directorate : make it a panel of three so that the megalomaniac bullying, lying, cronyism and plain incompetence of one can be diluted and balanced. Make all of them personally accountable to the Estimates committee. Quarter year reports, the works. Make them accountable. Funding directly from Estimates – each and every "Safety" dollar transparently accounted for and weighed against benefit.

With malice and aforethought, get rid of the useless board, sever the DoIT connection; break Ministerial power to influence anything: replace it with the Estimates.. Make the Directorate responsible to the Estimates committee. Make them accountable.

Before any of this – 'Renta Judge' should be contacted and an independent hired; given a couple of industry analysts, a couple of good lawyers, three or four Goffas and a brief to examine the legality of CASA actions, encouraged to prosecute the blatant outrages inflicted on industry. Give the political support required to weed out the rubbish gathered behind shrubberies and such. Even when it gets shipped off to WA to hide behind the remote pot plant thickets, safe from letters of outrage, protest and personal legal challenges.

Easier alternative; quicker, less expensive - pick an industry team, give them cricket bats and turn a blind eye for about a week; not pretty but really, really effective. Rough justice – sign here. Yes, understand it's not legal and painful; however: Quid pro quo, Clarisse.

Beaker (of the Muppets) performs "Dust in the Wind" for mean YouTube commenters - Boing Boing

Last edited by Kharon; 4th Mar 2013 at 20:27.
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Old 4th Mar 2013, 20:58
  #1214 (permalink)  
 
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There is another MOU that deserves the Senators scrutiny:

8 maintain commitment to the Memorandum of Understanding between CASA, the Department and Airservices Australia regarding the management of Australia’s International Civil Aviation Organization (ICAO) responsibilities.
I take this to read that there is a coordinated attempt to pull the wool over ICAO and FAA eyes. Am I wrong?
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Old 4th Mar 2013, 21:56
  #1215 (permalink)  
 
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Sunfish, you hit the mail on the head. I won't elaborate on the methods CASA use, Flyingfiend would be most upset, but you are bang on the money. Snakes and Ladders and Smoke n Mirrors have been played on many occasions.

Kharon, you absolutely nailed it in one. You should throw some Powerpoints together, print out a glossy brochure and present your idea (as a Consultant) to Government and presto, we have a solution (plus you earn a nice little bank account top up).

And I'm thinking something else here. Australia has provided aviation assistance to our neighbours. Now this was done at a time when we had better standards, systems and management than we have today in 2013. Plus a lot of those good people who did that work are now gone. So, perhaps we could ask those third world countries to assist Australlia? After all they now seem to have the expertise and we don't?

'Safe skies are no longer our skies'
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Old 4th Mar 2013, 22:32
  #1216 (permalink)  
 
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It is tedious but the document - CEO-PN001-2004 – may assist those with the patience to analyse a causal factor for the Pel Air report.

From Zippyshare, usual advice, "Download Only" button to avoid the nastiness.

P4 a.k.a. the Ferret.

Last edited by PAIN_NET; 4th Mar 2013 at 22:32.
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Old 5th Mar 2013, 02:55
  #1217 (permalink)  
 
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Reopening the investigation is key!

Kharon said:
Before any of this – 'Renta Judge' should be contacted and an independent hired; given a couple of industry analysts, a couple of good lawyers, three or four Goffas and a brief to examine the legality of CASA actions, encouraged to prosecute the blatant outrages inflicted on industry. Give the political support required to weed out the rubbish gathered behind shrubberies and such. Even when it gets shipped off to WA to hide behind the remote pot plant thickets, safe from letters of outrage, protest and personal legal challenges.
Yep “K” totally agree a ‘Judicial Inquiry’ is the minimum that is needed to uncover all the lies, corruption and malfeasance that has been the accepted culture within the halls of FF for more than a decade!

However does the Senate have enough parliamentary/legal clout to circumvent Albo’s circus troupe to instigate a ‘Judicial Inquiry’?

Or does it just fall into the report as a committee recommendation calling for a “JI”? If that is the case then may I suggest that like the last inquiry it will become part of Albo’s growing shelfware on all things aviation related and all Albo will do, with a pending election, is instigate yet another deckchair shuffle to appease the masses..a total WOFTAM!

On the Senate Committee trying to force Beaker to reopen the investigation, it would appear that the TSI Act itself has no provisions for that but the Annex 13 does although it is somewhat obscure in the wording :
Re-opening of investigation

5.13 If, after the investigation has been closed, new and
significant evidence becomes available, the State which conducted
the investigation shall re-open it. However, when the State which conducted the investigation did not institute it, that State shall first obtain the consent of the State which instituted the investigation.

However there has been precedent set in the past where the bureau has reopened investigations on ‘new evidence’, usually because of findings in the conduct of coronial inquests.

One high profile investigation that comes to mind is the Spencer Gulf Whyalla fatal accident. There was also the Toowoomba C90 investigation which was reopened after the TSI Act was enacted. Here’s the legal justification for reopening that investigation:
In September 2005, a coronial inquiry into the accident was commenced. During that inquiry, new information was brought to the attention of the ATSB. As a result of this new information, the ATSB formally reopened the investigation on 11 November 2005 in accordance with Paragraph 5.13 of Annex 13 to the Chicago Convention through Section 17 of the Transport Safety Investigation Act 2003, to assess the matters raised and their significance to the original ATSB investigation findings.

Section 17 used to read:
17 International obligations
(1) The Executive Director must ensure that the Executive Director’s powers under this Act are exercised in a manner that is consistent with Australia’s obligations under international agreements (as in force from time to time) that are identified by the regulations for the purposes of this section.
(2) In exercising powers under this Act, the Executive Director must also have regard to any rules, recommendations, guidelines, codes or other instruments (as in force from time to time) that are promulgated by an international organisation and that are identified by the regulations for the purposes of this section.

Note: Interestingly enough section 17 since that time has been binned i.e. gone, eradicated, omitted. Which I assume means that the bureau technically has no longer any legal obligations to ICAO Annex 13. Which could be how Beaker and co intend to wriggle out of reopening the Norfolk Pel-Air investigation.


However more recently (within Beaker’s tenure and after the promulgation of the TSI Act) there was the Benalla Piper Cheyenne CFIT investigation, from the amended report:
In July 2008, during the subsequent coronial inquest, additional information about the possibility of dead reckoning navigation by the GPS receiver was provided. The ATSB investigation was reopened to examine that possibility and an amended report issued.

That investigation found that dead reckoning navigation could not be positively established as there were inconsistencies between dead reckoning principles and the recorded radar data. Neither could it reconcile how a pilot would continue navigation by GPS with the alerts and warnings provided by the GPS receiver and the instrument indications. As a result of the reopened investigation, the ATSB issued a safety advisory notice alerting users of GPS navigation receivers to take appropriate action to ensure familiarity with dead-reckoning operation and any associated receiver-generated warning messages.
http://www.atsb.gov.au/media/24535/AO200402797.pdf

So there is precedent set in recent years for reopening investigations, which in the case of Benalla was based on a theory presented by an expert witness in the course of the coronial inquiry.

However all this does is bring the Pel-Air matter full circle and back in the hands of Beaker to reopen the investigation. Is he ever going to do that? Not on your life the guy obviously has no morals and stands to lose a lot more than he could gain by doing so. Not to mention that FF (just like in the LHR investigation and inquest) would be straight out there bleating ‘conflict of interest’..blahblahblah!

So what are the Senators options (hopefully they’ve got plan B..C..D)?

One option could be…

Section 63 of the TSI Act reads;

“63 Powers of Parliament and Royal Commissions not affected

Nothing in this Part affects the information-gathering powers of:
(a) the Parliament or a House of the Parliament; or
(b) a Royal Commission.”

so maybe they could conduct their own (re)investigation without the ‘scoping’ and with the assistance from an ICAO signatory state (NTSB or AAIB would be my choice). This could include lifting the OBR and FDR, so creating/gaining new evidence which fits the purpose of ‘Annex 13 para 5.13’.

The mind boggles but I’m pretty sure the good Senators are definitely working on plan B and even ‘scoping’ out plan C!

Once you get the investigation reopened, coupled with the information gathered from the inquiry, the potential ramifications internationally alone would be enough justification for the government to call for, at least, a ‘Judicial Inquiry’ into the maladministration of aviation regulation and safety in Oz!


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Old 5th Mar 2013, 03:44
  #1218 (permalink)  
 
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Choccy Frog and Gold star - Sarcs.

When I wrote the previous, I was wondering just how to beat the miles of spinning red tape and legal tap dancing about Australia's clever exemptions to obligations under ICAO. There seems to be a huge body of legal work wiggled into the "differences" all designed to suit. The way it all seems to read is that in "real" terms Australia's obligations have been very cleverly manipulated to the point where ICAO has very little effective horse power to expect, let alone demand anything.

Some very fancy legal dancing steps around the edges: we have published our differences, therefore we 'comply': spirit?, intent ? - wuzzat? Almost has a mystical feel to it, a whiff of brimstone and just a touch of a strange magical farce.

ALL
Double, double toil and trouble;
Fire burn, and cauldron bubble.

Second Witch
Fillet of a fenny snake,
In the cauldron boil and bake;
Eye of newt and toe of frog,
Wool of bat and tongue of dog,
Adder's fork and blind-worm's sting,
Lizard's leg and owlet's wing,
For a charm of powerful trouble,
Like a hell-broth boil and bubble.
We even pay for first class tickets so this can be done in Montreal and other exotic locations. How very clever, how very, very wicked.

Stop press: Willyleaks rumour pages -
One of three separate servings of paper have been delivered to the wabbit warren. Rumour has it the final two are due by months end.
Just a whisper on the wind - but hope springs eternal....

Last edited by Kharon; 5th Mar 2013 at 04:00. Reason: Cue- Python : He's not the Messiah, etc.
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Old 5th Mar 2013, 05:39
  #1219 (permalink)  
 
Join Date: Oct 2011
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Couple of points....

As I understand it ICAO has 192-ish member states many of whose capabilities, processes and transparency make even a bad day at CASA look like the Gold Standard of world regulatory systems). If you want our standards governed solely by majority rule of the Council or the full Assembly...well just be careful what you wish for.

Second......Australia is not alone in sticking to its rights to be the final arbiter of what goes on here: Article 1: Every state has complete and exclusive sovereignty over airspace above its territory.. Yes, doesn't mean the rest of the world has to love it but there it is. I believe the FAA tattoos this onto the back of the right hand of every employee the day they join.

Finally Kharon, I don't know whether my reading of your posts is complicated by the amount of red I've had before reading or the amount of red you had before writing but the truth is most of the time I have no idea who or what you're talking about. Can you PM me a code-book of names, nick-names issues, places etc please? Also a few lines of your resume so I can see if, when I do finally understand what you're on about, I'll know whether you actually do know what you're talking about.

Thanks

Algie
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Old 5th Mar 2013, 08:49
  #1220 (permalink)  
 
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He can't even spell resume.

Read this, especially dot point 13, then ask for my resume.

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Last edited by Frank Arouet; 5th Mar 2013 at 08:50. Reason: Reading dot point 13 and looking up resume, but go ahead aas normal.
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