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-   -   Truss: Aviation Safety Regulation Review (https://www.pprune.org/australia-new-zealand-pacific/527815-truss-aviation-safety-regulation-review.html)

Paragraph377 30th Jan 2014 11:17

The $230 million dollar Frankenstein
 
Great post Sarcs. A very succinct description of the CASA, and this is just the tip of the proverbial iceberg.
One of the greatest concerns is the power, obstinance and free will of the LSD. Although they purport to be relatively hands off from most non legal decisions made at CASA that simply isn't true. And their powers, authority and decision making is not clear whithin CASA's charter or structure. When you research their function and basically who is calling the shots they won't answer you, neither will the Miniscules department and nor will the AG's department.
But don't forget the now LSD has had over 20 years of influence and plenty of time to structure themselves just where they want to be. And of course Dr Voodoo, Number 3 at CASA, ensured his 'system' remained solid and in place after he climbed the greasy pole, because he handed the reigns on to his long term apprentice, Mr AA.

But going back to the pathetic $230 million reg reform Frankenstein, it would be alleged that the Skull has stated that it will be completed come hell or high water and what is introduced is here to stay! A regulatory nightmare, unworkable and a Frankenstein of gigantic proportions is what we have.
Leroy Keith didn't do a bad job as Top Dog, but of course members of the Iron Ring did not like his methods and ensured he got pineappled. But he did manage to roll some of his plotters. Bruce Byron for all his faults also tried to end the regulatory reform debacle by adopting European ways, and this too upset the Iron Ring immensely and they immediately started undermining him. He too survived for some time, and managed to kneecap some of his plotters but eventually he also walked the green mile. Which leaves us with McCormick. A curious individual and certainly one could speak for days on the topic of 'he who must not be named' but the upshot is that he is trying to rush through the remainder of the reg reform folly for no greater purpose than to please his Masters. He knows it is ****e, but again we have a situation where the Director does not call the shots. I am surprised he has lasted the 5 years as generally he does not like being somebody else's bitch! And at CASA the largest degree of power never lays with the Director :=

But anyway, it's all fun to watch, beer and popcorn stuff really, maybe a dash of lettuce thrown in for good measure would spice things up, and a few slices of pineapple wouldn't go astray, but the outcome will be soft, very soft, a bitch slap from a limp wrist. That is inevitable, no government in Australia will ever admit it has created, contributed to or 'fostered' a hybrid species, a DNA clusterf#ck, an abomination that grows, morphs and assimilates daily, CASA.

Sarcs 31st Jan 2014 01:05

WLR D-day & the DAS..‘last chance powerdrive’
 
Top post P377....:ok:

..."One of the greatest concerns is the power, obstinance and free will of the LSD".. A fascinating subject matter but perhaps the LSD power base history; the Voodoo doc's legal interpretations of the CASRs/CAOs and; the criminalisation of the CAA discussion would be best carried across to the Senate thread...:rolleyes:

The Boss (slightly edited): “The Skyways jammed with broken heroes on a last chance power drive… Everybody's out on the run tonight but there's no place left to hide….”


P377:

A curious individual and certainly one could speak for days on the topic of 'he who must not be named' but the upshot is that he is trying to rush through the remainder of the reg reform folly for no greater purpose than to please his Masters. He knows it is ****e, but again we have a situation where the Director does not call the shots.
Interesting observation that you make Para..:sad: Especially in light of the DAS's latest, first and (hopefully) third last missive for '14 (CASA Briefing January 2014)...:confused:

Passing Strange: It is almost like this missive has been penned (keyed) by someone else...?? Gone is the swagger, the bravado, the "my way or the highway " or the parting tautological IOS comments, that we've all come to expect and grudgingly admire (my bold):

I appreciate and value the effort made by everyone who takes part in regulatory development because CASA cannot do this job on its own. We need the expertise and practical knowledge of people working in the aviation industry to test ideas, translate concepts to safety regulations and to ensure the best possible safety outcomes are achieved with the appropriate level of regulation.

I understand the regulatory development process can at times seem cumbersome and drawn out. However, like many things in life, the devil is in the detail, and we must get the rules right. At times this means revisiting sets of rules to make improvements to ensure the right safety outcomes are being achieved with regulations that do not place inappropriate burdens on the aviation industry. It is largely feedback from aviation people and organisations that informs the review and improvement of rules and this was the case with important amendments made in December 2013.
And finally:

These changes flow directly from the feedback CASA has received from aviation people and organisations. By listening and acting CASA has created better regulations that still strive for the best possible safety outcomes while reducing costs and red tape where possible.
One gets the impression that the DAS has been given the unofficial nod and his glory days are now well and truly behind him...:{

Oh and the red tape comment didn't go unnoticed by the IOS...:ok:

thorn bird 31st Jan 2014 08:07

Sarksi??? red tape?? what red tape??
OH that

RED TAPE !!!!!

halfmanhalfbiscuit 31st Jan 2014 08:48

Red tape challenge. Sounds familiar, I'm guessing a trip to the UK has happened? Perhaps the Brit on theTruss review has brought up the CAA red tape challenge.

http://www.caa.co.uk/docs/33/CAP1123...0Challenge.pdf

denabol 31st Jan 2014 09:54

Ben's blog has jumped on India being busted to level 2 over a failed FAA audit and is asking the question if we are next?
FAA busts India's air safety rating, Australia next? | Plane Talking


This may not be enough for Australia to avoid suffering a similar fate to India, mainly because of the gross failures of integrity and competency displayed by CASA and the ATSB in relation to the failed oversight of of Pel-Air’s aerial ambulance work with Westwind corporate jets before and at the time of the crash of such a flight near Norfolk Island in 2009, and the appallingly flawed crash report that was exposed by a Senate inquiry that the new Minister for Transport has yet to respond to.
The consequences for Qantas and Virgin Australia of such US sanctions on their American code-shares and services would be costly and serious. While some argue that such an outcome is unlikely, the FAA’s sanctioning in the past of Israel and now India makes it possible.
Pel-Air is a scandal that keeps on stinking, as does the failure of CASA to do anything material to fix the rules that applied to the fuel and flight planning of such missions for more than four years, even thought it has admitted that changes need to be made.
If very decisive action isn’t taken over deficient or ineffective public administration of air safety standards and operator oversight in this country, Australia will-get-busted, just like Israel and now India.

Paragraph377 31st Jan 2014 12:20

Ananas Comosus time?
 

Passing Strange: It is almost like this missive has been penned (keyed) by someone else...?? Gone is the swagger, the bravado, the "my way or the highway " or the parting tautological IOS comments, that we've all come to expect and grudgingly admire
Sarcs, I once knew an individual very similar in nature to Mr Skull. Occasionally he would pop some new pills, attend anger management classes, 'clear the pipes' down at Kangaroo Point, things like that. On even rarer occasions he would indulge in a bar fight or cruise around town aggressively in his convertible displaying road rage skills that would impress Mike Tyson! Perhaps that is one of the reasons why 'he who shan't be named' appears suddenly subdued?
Then again somebody might have laced his stoogies with wacky backy, or perhaps planted an aphrodisiac in his office pot plants? Perhaps Dr Hoodoovoodoo has placed a happy spell on him? Or maybe he has become aware of a tragedy that has befallen a member of the IOS and that has mellowed him and cheered him up?

On the streets of Can'tberra last week a robust rumour was circulating that Mr Angry wanted to resign his post in February and sail off into the sunset with a golden TRIM file and a hug, onboard the S.S Styx. But allegedly the Miniscule refused this request and has demanded that Mr Angry remain with Fort Fumble until the wet lettuce review has been completed.
Interesting rumour if it is true, because a rumour of such nature could indicate that the Miniscule is currently sharpening the Pineapple and getting ready to insert it?

Oh well, the streets of Can'tberra can be a strange place at times, and with the amount of crowded street corner troughs, free roaming pigs and endless supply of pineapples it becomes a complex confusing place for one to roam around.

Frank Arouet 31st Jan 2014 21:16

I can't work a wet lettuce in, but Dr Hoodoovoodoo and Herr Skull are like apples and oranges. Adding the pineapple has the making for a really good fruit salad.

Creampuff 31st Jan 2014 21:25


On the streets of Can'tberra last week a robust rumour was circulating that Mr Angry wanted to resign his post in February and sail off into the sunset with a golden TRIM file and a hug, onboard the S.S Styx. But allegedly the Miniscule refused this request and has demanded that Mr Angry remain with Fort Fumble until the wet lettuce review has been completed.
Utter tosh. :*

The Minister can’t make anyone who wants to leave, stay.

Sarcs 31st Jan 2014 21:44

Bumper crop of pineapples...??
 
P377:

On the streets of Can'tberra last week a robust rumour was circulating that Mr Angry wanted to resign his post in February and sail off into the sunset with a golden TRIM file and a hug, onboard the S.S Styx. But allegedly the Miniscule refused this request and has demanded that Mr Angry remain with Fort Fumble until the wet lettuce review has been completed.
Interesting rumour...:rolleyes: Maybe, reading between the lines, the DAS missive indicates a prelude to the main event, where the DAS will be presented with a pineapple nicely wrapped in a wet lettuce...however Creamy's post would suggest otherwise?? :confused:

denabol good catch...:D Have been monitoring the FAA audit of India for sometime...:cool: Although the Indian DGCA makes the FF trough swillers look like naughty choir boys..;), there was significant parallels in the findings by the FAA with our last ICAO audit...:=

The most alarming aspect, for the Miniscule and his minions, of the Indian Audit is the speed in which the FAA has acted. Maybe this is because the Indian avsafety admin is a more serious basket case than here in Oz...hmm or maybe the FAA are sick of certain NAA's taking the piss?? :=

Either way it would appear that the FAA are not interested in brokering diplomatic deals (unlike the reprieve we received in the past). Here is an article on India's attempts to placate the FAA: All safety issues addressed, says DGCA's report to FAA

Among the concerns raised by the FAA over 33 issues were filling up of several senior positions including those of fulltime Flight Operations Inspectors (FOIs), beefing up of aviation safety training programmes and preparing manuals and documentation on certain safety issues.

FOIs are senior pilots who would be taken on contract and paid salaries consistent with the industry norms that could be higher than that of the DGCA chief himself. An estimated Rs 40 crore would be needed annually for this purpose. Another concern highlighted by the FAA about training DGCA officers on the new types of aircraft entering the Indian market, including the Boeing 787 Dreamliners, would be addressed soon, they said.

DGCA's oversight on training schools and schedules would also be beefed up. The FAA, which has over the years downgraded several nations including close ally Israel, Mexico, Venezuela and Philippines, uses 'downgrade' as more of a tool to pressurise countries to shape up their regulatory schemes but not as a warning of imminent safety problems, they said.
Now to the linked article in Ben's piece: FAA downgrades India’s aviation safety rankings Quotes of concern for the Miniscule & his head bureaucrat Mrdak...:( :

The decision reduces India to a safety category that includes Ghana, Indonesia, Uruguay and Zimbabwe, and means that Air India and Jet Airways—the two Indian airlines that fly to US destinations—wouldn’t be allowed to expand flights and their existing flights would be subjected to additional checks. They would have to snap ties such as any code-sharing arrangements with US airlines.

Jet has a code-share agreement with United Airlines while Air India is joining Star Alliance, the club that includes American airlines.

Shares of Jet Airways, India’s largest listed airline, plunged 3.94% to Rs.236.45 each on BSE on a day the benchmark Sensex edged up 0.08% to 20,513.85 points.

A category II safety rating means that the civil aviation authority does not comply with International Civil Aviation Organization (Icao) safety standards and is deficient in one or more areas, such as technical expertise, trained personnel and record-keeping or inspection procedures, according to FAA.

While a downgrade does not reflect on the safety of India’s airlines—the rankings measure the ability of the Indian regulator to follow safety processes and not that of the airlines—India risks being perceived in a negative light by aviation authorities in other countries.

“The only area in which India lacks marginally in effective implementation of a critical element is ‘organization’. For this, India has already created 75 posts of chief flight operations inspector (CFOI), deputy CFOIs, senior CFOIs and FOIs. After the recruitment, it is expected that effective implementation in this element also would rise much above the global average,” Singh added.
Most disturbing parallels
- Perhaps a look into the crystal ball??

A member of the government-mandated safety council, formed in the aftermath of the Mangalore air crash that killed 158 people in May 2010, said the government had not heeded several letters sent by the council about the risk of a downgrade in India’s safety ranking.

“I am not surprised,” said Mohan Ranganathan, who sits on the Civil Aviation Safety Advisory Council.

The deceit of DGCA and aviation ministry has finally been exposed. Blatant abuse of regulations in safety and flight standards...were swept aside for political and commercial considerations. The last two years have seen the lowest in integrity levels. Persons responsible should be held accountable and not let off lightly for bringing this shame upon India,” he said.
No comment...except TICK..TOCK! :ok:

Addendum: WLR update courtesy of the MMSM yesterday...;)

Opinions pour in for regulation review

REGULATORY reform is emerging as a key issue in the federal government's aviation safety review as submissions officially close tonight.

The panel is expecting up to 150 submissions and has already met about 100 people as it works through the concerns raised by a wide-ranging cross-section of the industry.

Submissions were still coming in "thick and fast" yesterday and chairman David Forsyth said he expected that to continue today and through the weekend.

"We reckon we're probably going to finish up with between 120 and 150 submissions, which is good," Mr Forsyth said. "Most of them have been really constructive; there's a lot of really good information in there. A lot of people took a lot of time (over the) recommendations, so we've just got to go through and digest all of that."

The panel of Mr Forsyth, Roger Whitefield and Don Spruston will reconvene in the second half of February to discuss the submissions and the issues stemming from them.

The review, ordered by Deputy Prime Minister Warren Truss, was tasked with taking a detailed look at aviation agencies such as the Australian Transport Safety Bureau, the Civil Aviation Safety Authority and Airservices Australia.

The inquiry was prompted by dissatisfaction in sections of the aviation industry about the aviation regulatory regime and problems with the ATSB and CASA highlighted in a Senate report into a crash off Norfolk Island involving Pel-Air.

The government was also worried that the agencies were not working together effectively.

Mr Forsyth said there was a consistency among most of the issues aired in the submissions, including the relationship between the various safety agencies and the effect of regulation on small business.

"The hardest job by far is the regulatory reform program," he said. "That's been going on for so long, it's such a big issue and any potential solutions for it have such huge implications, it's going to require a lot of thought and lot of discussions with people and industry and government."

The panel chairman said there had been few surprises in the submissions, but people were passionate about the issues.

He said there was a huge amount of pride in the industry but also a lot of concern about its future and worries at the small business end about its ability to change in line with the new regulatory regime.

"So, early days yet, but it certainly has been interesting," he said. "We've been really pleased with the response we've had wherever we've gone. The industry has been very good, it's been articulate, a lot of people have put a fair bit of work into it."

The panel now intends to change tack somewhat after conducting interviews based on the terms of reference, and will start to home in on key issues such as regulatory reform.

Members will go through the submissions to nail down the issues and Mr Forsyth said he expected some, where there was agreement on what needed to happen, could be dealt with reasonably simply in terms of recommendations.

But there would be others where there would not be agreement, and those would need a lot of thought and discussion.

"Those targeted type of interviews is what we've started and when the panel's back here in the second half of February, we'll be doing more of that," he said. "We'll be going out again to selected people in industry."
The panel may hold a couple of general discussion meetings in Western Australia and Queensland to complement those held in NSW, Victoria and South Australia.

"We have spoken to people in those states but we think at some point we'd like the panel to get out and get the lie of the land in couple of those places," he said.

The panel does not plan to post the submissions online, mainly because many people wanted to keep them confidential, but expects to quote in its report from some that people are happy to make public.

Mr Forsyth said the panel was "looking pretty good" in terms of meeting the May deadline for submitting the report to Mr Truss.

"The reg reform program's the only one that is threatening that, but we're still pretty confident we'll be able to work our way through that and come up with some recommendations," he said.

Frank Burden 31st Jan 2014 23:21

Knowing Your Enemy
 
Until the Minister is at risk players such as MM, JM, MD and the various advisers are on safe ground until their contracts come up for renewal. The Minister has mitigated his risk by appointing a committee of review (with appropriate terms of reference) and any recommendations coming from that process will be stated in broad terms allowing the Government to take appropriate action (read slow, purposeful and limited).

Given that the Minister is not at risk, it would be surprising if someone below him in the hierarchy (regardless of their personality type) considered resigning unless there were dire personal rather than work circumstances present.

I am surprised that people continue their broad ranging personal attacks on this forum.

While it makes interesting reading, it only increases the resolve of the current players (most of which have won many campaigns before) to stare the opposition out.

Sun Tzu talked about the importance of knowing your enemy. In his day 'the enemy' was relatively easy to identify.

In a contemporary Australia, the enemy is not the inner circle of departmental and agency heads, advisers and personal hand maidens, but the Minister himself.


Australian Governments operate on the Westminster principle. This principle is a constitutional convention, under which ministers are the link between Parliament and Gov- ernment action. Public servants carry out the activities of Government through their work in departments and agencies, and the Government directs them through ministers responsible for their activities.
Stop wasting your time on the also rans and sharpen your swords for the right purpose.

One Minister slipped away unscathed and the second is planning on doing the same.

Until the Minister is at risk, not much will change!


The former cranky but now reformed Franky!

ozaub 31st Jan 2014 23:56

Further to DENABOL's quote of Ben Sandilands’ Plane Talking blog, and the downgrade by FAA of India to a second tier aviation authority, the downgrade is by FAA but ICAO provides a handier tool to compare safety capabilities at http://www.icao.int/safety/Pages/USOAP-Results.aspx.
Looking at the results of ICAO audit of Indian DGAC versus results for CASA, it’s clear that both perform better than global average. That’s not surprising because ICAO average is pulled down by many small states that have no pretensions of ever flying to the US. Note that India ranks better than Australia against half of audited performance criteria. Note too that ICAO last audited Australian in 2008 whereas India was reaudited in 2012.
So Australia’s vulnerability hinges on whether it has improved over past five years. Make your own judgement.

Paragraph377 1st Feb 2014 11:45

Wet lettuce on short finals
 
Frank (Burden), I agree with you, but here's the thing 'Ministers are never at risk'. If it were you or I we would be hung in the gallows, but never ever will that happen to a politician. They are virtually untouchable, non accountable, and free to act with impunity and in complete disregard to the rules that the rest of society must adhere to. The pathetic Craig Thomson affair is just one example.
No Minister such as Truss, Albo, or any other will ever fall on their sword. It's one set of rules for them and one set of rules for everybody else. All until a revolution comes along anyway.

Creampuff, I disagree. If the Minister 'has the goods' on an individual, he can use that as leverage, in several ways. I can't go into detail publicly but rest assured a politician with power is capable of performing many tricks using his abundance of aces up his sleeve. C'mon Creampuff, you've served time on the inside of a bureaucracy, surely you have seen that sort of game played out before? If you haven't then you have only worked within the fringes of a bureaucracy!

Sarcs, considering the seriousness of the FAA findings against Fort Fumble 5 years ago, it certainly does seem like a long time in between the drinks breaks doesn't it? I wonder what sort of risk framework the FAA use? It must be one made from wet lettuce because I cannot believe they haven't been back for a thorough audit in that period of time under the circumstances?
A lot has happened in 5 years, CASA has become a bigger joke, the Beaker has put his personal wrecking ball through the ATSB, the regulatory reform program has......aagh well, nothing new to report on that one!! Let's see what else? Oh yes, a damning senate inquiry took place that has been ignored, there were some international incidents with Australian airlines, Pel Air and Canleyvale occurred, CASA's pot plant watering budget hit the six figure mark and the very man who the industry should be able look up to, respect and trust for safety leadership has done nothing but take QON's, continued his attack on anyone who speaks out against his dictatorship (AMROBA) as an example and refused to stand up and be counted, regardless of what his puppet masters threaten to do.
Yep, time for the CASA to undergo another audit I reckon.

Creampuff 1st Feb 2014 20:34

So Mr McCormick wants to leave, but the Minister 'has the goods' on Mr McCormick and is using them to 'force' Mr McCormick to continue to endure the living hell of a circa $500k no-risk salary, Business Class travel and Five Star accommodation at the top of a high profile government agency, rather than take the opportunity to replace him?

Wow. Clearly my knowledge of the machinations of government is sadly lacking.

My guess had been that the Minister is very happy with Mr McCormick's performance and wants him to stay. :confused:

No Hoper 1st Feb 2014 21:55


CREAMPUFF post#4 - - Just another 7 months or so and all the problems in aviation regulation and accident investigation in Australia will, for the first time ever, be revealed by external experts and rectified by the government.
And then it will be aviation Nirvana.
Lucky I have the attention span of a goldfish. Otherwise I’d remember the last 3 or so times I’ve heard the same crap.
I’m saddened that many of the people who fly or fix aircraft in Australia appear to have the attention span of a goldfish.

Worth considering by the four amigos who keep posting here.

I can't go into detail publicly but rest assured a politician with power is capable of performing many tricks using his abundance of aces up his sleeve.
Come on Oleo, go into it publicly, there is no law against it shirley

Frank Arouet 1st Feb 2014 23:02

That challenge should be ignored. It's Lawyer bait and thinly disguised.


You may be half right however. If we consider for example, how it would look for Cardinal George Pell to 'defrock' himself during a Royal commission. An assumed admission of guilt would apply as would any other person holding a senior role in The Bureaucracy. Threatening to sack that same person before the results are in would put the 'ace' firmly in the wielders hand. Reverse psychology and all that.


Also it may be advantageous that he stay so the wielder can use his 'ace' against him thus protecting his bum and making the person accountable for his actions or non actions. The word scapegoat comes to mind.


At present I can't see why the DAS would want to hang around any longer than he has to, thus giving me the impression there is purpose to his extension of tenure for such a short period.


But I was wrong once before.

No Hoper 1st Feb 2014 23:04

Superannuation comes to mind Frank

Sarcs 1st Feb 2014 23:24

Forsyth update & risk of FAA downgrade!
 
ozaub the ICAO link provides an interesting comparison that hopefully does not go unnoticed by the powers to be in Can'tberra..:rolleyes:

I noticed you also posted your last on Ben's article..:D: aubury martin Perhaps Comet's post (a couple above) goes to the real risk, that the Miniscule should be concerned with when the FAA casts their roving audit eyes our way..:cool::

comet

Posted February 1, 2014 at 10:01 am | Permalink

A downgrading of Australia would produce short-term pain, but long-term gain.

It would force Australia to improve its aviation regulation, just like India is now taking action to improve the way it regulates aviation. The improvements that India is now making would not have happened without the downgrade.

In Australia, the Labor government failed to take action when needed. Now it has become clear that the Abbott government is also not taking decisive action.

Therefore, an FAA downgrade is the only thing that will force Australia to get its house in order. A downgrade is preferable to a downing of an aircraft.
:D:D

But moving along & reference Forsyth's WLR update...;) Coupla noteworthy quotes...


Mr Forsyth said there was a consistency among most of the issues aired in the submissions, including the relationship between the various safety agencies and the effect of regulation on small business.
Read RED TAPE TB..:E

And the RRP headache..:ugh:


"The hardest job by far is the regulatory reform program," he said. "That's been going on for so long, it's such a big issue and any potential solutions for it have such huge implications, it's going to require a lot of thought and lot of discussions with people and industry and government."

"The reg reform program's the only one that is threatening that, but we're still pretty confident we'll be able to work our way through that and come up with some recommendations," he said.
Well Mr Forsyth perhaps you need only refer to your GA panel support team's final submission for helpful hints...:E (c/o Australian Flying)

AOPA Advocates Kiwi System

30 Jan 2014

The Aircraft Owners and Pilots Association of Australia (AOPA) is advocating the New Zealand system of regulation be adopted in Australia.

The statement was made in AOPA's submission to the Aviation Safety Regulation Review and posted on their website.

Dealing specifically with the issues general aviation has with the Civil Aviation Safety Authority (CASA), the submission stresses that dealing with individual problem would help the situation, but that a larger solution was needed.

" ... it is with some regret that our organization has come to the conclusion that continuing to patch up problems is like renovating a house with rotten foundations," the submission says. "You spend twice as much time and money and at the end of the day you still have an old house.

"We now believe in nothing short of a clean sweep of the old, and adoption of FARs [Federal Aviation Regulations], as has been demonstrated by NZ’s adoption of the FAA GA model about 17 years ago. It is fact that since then, NZ’s GA has outstripped Australia’s.

"We have heard it said that where it takes a wheelbarrow to carry a copy of all regs pertaining to GA, New Zealand’s can be carried in one hand. This may be an exaggeration, but it is not an exaggeration to say that adoption of the NZ regulatory system for GA would improve the prospects of GA’s survival.
Or maybe refer to the AMROBA submission which should have similar sentiments...(reference: Vol_11_Issue_1AMROBA newsletter )


Act: An Act is required to enable the setting up of an aviation regulator to meet Australia’s obligations under international treaties,
especially the Convention and subsequent Protocols.

Regulations: Provide Head of Power for Aviation Safety Standards that were previously promulgated as ANO/CAOs. Abandon the two-tier legislative system for the three-tier legislative system that has a proven
legislative record and safety outcomes.

Standards: The Act provides for CASA to promulgate Aviation Safety Standards (ASS), not Manual of Standards or CAOs. Adapting EASRs/FARs, as applicable, as Civil ASS aligned with NZ Rules would adapt a safe aviation legislative system.
I'm sure there will be many other submissions with pretty much the same solution...so Mr Forsyth the RRP recommendation should be a no-brainer..:ok:

Paragraph377 2nd Feb 2014 00:06

Frank, you got it one mate :ok: But shhhhh, don't tell the others.

Cactusjack 2nd Feb 2014 09:51

Welcome home Blackie!
 

Worth considering by the four amigos who keep posting here.
Just for Blackie -

Frank Burden 2nd Feb 2014 22:28

Knowing Your Enemy
 
The perfect bureaucratic outcome is for a solution where there is no accountability attributable to any of the major players (especially the Minister) as the deck chairs are re-arranged.

The Minister will herald any changes as regrettable but necessary due to the inactions of the previous Labor Government. He will make a strong statement that under the Abbott Government action is now being taken 'to greatly improve aviation safety in Australia for the long term'.

I would not rule out organisational changes and responsibilities as a likely political strategy to get past the current situation. For example: CASA and ATSB returning to the public service and being part of a mega Department of Infrastructure. This way Mr Dak will have a much larger empire while assuring the Minister that this approach will resolve the personality induced events that have occurred in the past. (Interestingly, they will leave AMSA as an independent statutory authority arguing that the current model works for this mode of transport.)

Another approach would be for the department to take over setting aviation safety regulations (and accident investigation) while a much smaller CASA would have a very limited responsibility for enforcement. However, there would be performance indicators for this 'policing' agency to meet.

Interesting times but to quote Cold Chisel: 'I've had a bellyful of livin' on the same old merry-go-round.'

The former cranky but now reformed Franky!

Frank Arouet 2nd Feb 2014 23:18

If CASA draft the regulations, (appallingly I admit), they have no right policing those laws and claim any independence or statutory authority under the mantle of safety.


1) CAA, (omit the safety), should draft the regulations based on FAR's.


2) A new branch of Commonwealth Police should enforce those rules, carry out investigations aided by an in-house ATSB and,


3) The DPP prosecute any breeches.


4) Get rid of the AAT and give The Commonwealth Ombudsman more open terms of reference to enable third party investigations outside the umbrella of government and give him powers to make findings not just recommendations.


As for smoking big holes, the buck stops with The Minister and his Advisors.

dubbleyew eight 3rd Feb 2014 07:46

in my neck of the aviation woods the only reason the rules seem to work is that they aren't policed and you can use common sense instead.

the thought that we would actually have to adopt the rules chapter and verse is intolerable.

I think I might retire to new zealand just to be able to fly somewhere sensible.
....or canada.



just how many nutters make up a CASA?

Up-into-the-air 3rd Feb 2014 21:31

Time!! gentlemen [and ladies] Pleeaase
 
Here is another one- This has taken 6 years to get to this stage.


Documents

30 January 2014

All comments should be submitted via the Project Leader, Roy Tuomela by close of business 14 March 2014.

History


31 Jan 2014

Consultation Draft 1402AS for proposed Part 175 of CASR - Aeronautical information management
All comments should be submitted via the Project Leader, Roy Tuomela by close of business 14 March 2014.
7 Oct 2009

NPRM 0901AS - Aeronautical Information Services
Comments closed 4 December 2009.
11 Mar 2008

Project AS 08/05 - CASR Part 175 - Aeronautical information management
Project announced.

RollOn the US-FAR's

aroa 3rd Feb 2014 23:15

A question for Roy....
 
Hey, Roy,...what have you been up to for the passed six years? Do tell.

Seems like "progress" on CASR 175 Aeronautical Information Management has been somewhat glacial.

Seems very strange to me that an "agency" that can't even manage itself and its staff properly has the temerity to postulate 175. ! FFS:mad:

Still, we the taxpayers must remember that these important "safety" issues must be considered, on and on and ongoing forever to keep people "employed" and in a career for life. All part of the empire building process.

For example...heard the anecdote years ago that in changing from the bound log books, with numbered pages to the coloured tab, loose leaf file arrangement...the design of, took two years to finalize.
Yep...no doubt about it if you have the right contacts in CAsA ...there's bucks to be made. Yours.:mad::mad:

thorn bird 4th Feb 2014 00:48

Damn it all!!! just renewed my Jepp subscription.
Oh well back to DAP's, can't see anyone else bothering to try and comply with that cr..p.

Cactusjack 4th Feb 2014 05:58

Dr Hoodoo's travelling roadshows?
 
Just some of the important sojourns in the past few months!
Seems like the skies the limit for those who love hypothetical bureaucratic banter.

Dr Hoodoo at the ‘National Transport Regulations Reform’. Showcasing CAsA's 25 year $250 million white elephant?
National Transport Regulations Reform - Sydney - Eventfinder

Dr Hoodoo helps build aviation future. Interesting 'theory' (untested of course). CAsA contributes to aviation a future?? Please help me off the floor.
http://www.aviationaerospace.org.au/...ag_Aug_web.pdf

Dr Hoodoo helps the medical field with creating Just Culture. Oh my, CAsA just culture philosophies shared with another government bureaucracy clusterf#ck?
https://www.eventbrite.com.au/e/dr-a...ets-8625215251

Dr Hoodoo goes to Bali and spends time with his ‘old friends ICAO. Good times, philosophical musings, a little intellectual banter and a beach massage! Count me in.
http://http://www.icao.int/APAC/Meetings/20...sk%20Force.pdf

Line up now to get tickets to the great Hoodoo 2014 extravaganza! No doubt 2014 will also be a robust year for travelling, mingling, musing and 'troughing'?
Perhaps a puppet show will also be on the cards - Dr Hoodoo using the Skull as a hand puppet?

Oink oink

aroa 4th Feb 2014 09:20

Wayang...
 
Cactus...thanks for the cackle :ok:

The CAsA Bali puppet show is characters on a stick,or sticks stuck up a few characters, with lots of activity, alas casting but shadows, mate, just shadows.

That's why we never get anything concrete out of the place...its all myth, make believe and ephemeral.

Time to bring in Punch and Judy.!:ok:

Sunfish 4th Feb 2014 20:33

CASR 175 is called " A licence to print money".

It is in Jeppesens interest, for example, to ensure that the process of becoming approved under CASR175 is as difficult, complex and expensive as possible, as well as maximising the costs and complexity of maintaining approval. This process is called building a "barrier to entry".

By doing that you will deter would be competitors from entering the market and can therefore charge exorbitantly for your product.

CASA needs to have clauses inserted into its rectum that require it to promote the aviation industry as a whole. One corrolary of such a clause is that you don't build unnecessary barriers to entry into aviation related markets.

To put that another way, does anyone think pocket FMS, Ozrunways or anyone else is going to spend the money to become CASR175 compliant? I can see myself buying paper charts for years to come even though I wont be using them at all. ....Just bought a Garmin D2 watch last week as well:E

Up-into-the-air 5th Feb 2014 02:09

Another FF stuff-up
 
Just comes to light from FF by e-mail:


Project SS 14/03
CASR Part 99 technical amendments


Issue

Recent practice and advice of the Director of Public Prosecutions have identified flaws in the Part 99 legislative scheme relating to alcohol and other drug (AOD) testing.
Although Part 99 is presently the subject of a post implementation review, urgent amendments to the scheme correcting these issues is essential to the basic efficacy of the scheme. Legislative change is required because the current legislation is likely to preclude the basic operation of the scheme.
There are two main issues:
The first issue is a technical one. The legislation applies to persons who are 'performing or available to perform' safety-sensitive aviation activities. The test of 'performing or being available perform' is a threshold issue that determines who can be asked to provide a body sample for AOD testing. Further, the test of 'performing or being available to perform' is relevant to many of the offence provisions in Part 99 as well as several procedural requirements.
Part 99 also confers on testing officers certain powers in connection with the administration of AOD tests. Those powers include requiring a person being tested to cease performing or being available to perform a SSAA, and to remain in the testing officer's presence during the testing process. As part of CASA's standard procedures, testing officers require persons to cease carrying out any applicable SSAA, and to remain in the testing officer's presence, for the time it takes to provide a body sample and to complete the testing process.
The DPP recently returned a brief for prosecution under CASR 99.375 of a pilot who failed an alcohol test. One element of the offence in that regulation is that the person must provide a body sample for testing while the person is performing or available to perform a SSAA. The DPP expressed the view that the offence provision could not be made out because, having been required to remain in the testing officer's presence, the person was no longer available to perform the applicable SSAA. Accordingly, the element of the offence described above is impossible to satisfy.
Well this is not just the first example of this type of thing.

Remember Quadrio had the brief returned and no case to answer.

Problem was FF went on and on and on and on.

aroa 5th Feb 2014 02:48

Love it....
 
Just love it!!:ok:
Real expert legal people in CDPP pointing out to CAsA pretend lawyer "experts" the error of their wordy ways.
What a crock of dodgy legalese CAsA loves to entertain...!

"technical" amendments ?...sounds like a serious legal correction to me.

CAsA must be pissed!.... remember these are the people that have made the statement .." the courts sometimes don't give us the results we require"
( or words to that effect)
Oh bugger...the rule of law.:eek:

Creampuff 5th Feb 2014 02:48

You watch: It’ll start raining aluminium because now everyone can get drugged or p*ssed to the eyeballs and not get prosecuted. Just like they did before. :rolleyes:

It’s surreal.

All of the time, cost and aggravation to make and implement Part 99 in response to theoretical rather than substantial safety problem, and it’s fundamentally flawed.

Two words to fix Part 99 properly: “Re” and “Peal”.

dubbleyew eight 5th Feb 2014 03:08

CASA's drug and alcohol push fascinated me. the entire thing was bought in on the basis of american statistics.

american statistics apply to the american population, not australians.

in 40 years in and around aviation in this country I have heard only two tales of alcohol and aviation.

one concerned a tiger moth pilot who flew lubricated all the time. he experienced a number of crashes during his time and all occurred when he was sober.

the other was a group of guys including one of my instructors who went for a fly in a twin after a party one night. they were all pilots. in the air they realised that none of them was sober enough to land the aircraft. the harrowing part of the tale was them trying to work out who was the least affected. my instructor drew the short straw. they survived ...just.
that story of horror told in the hangar must have been far more effective than anything casa has ever achieved.

it is all nonsense.

the technique seems to be
1. create a mythical fire breathing monster.
2. terrify all the kids with lurid stories of doom.
3. set up an authority to conquer the mythical monster.
4. perpetually seed the world with lurid tales of derring do.
5. pay themselves high wages as evidence that it is all serious stuff.
6. prohibit anyone from forming a contrary opinion.

Creampuff 5th Feb 2014 03:19


The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.
H. L. Mencken

Up-into-the-air 5th Feb 2014 05:05

Explain away this please
 
The following is the people involved in this debacle:


Project management

Project Leader/s: Paul Hibberd, Special Counsel, Legal Services Division
Project Sponsor/s: Adam Anastasi, EM Legal Services Division
Standards Officer/s: Grant Mazowita, Manager, Standards Development and Quality Assurance
Interesting to look at the backgound of the Project Leader:


Paul Hibberd

Current

(self employed)

Education

  • The Australian National University

Background and Experience

Maritime affairs public international lawyer (self employed)
February 2012 – Present (2 years 1 month)Canberra


- Advice to Governments on preparations for maritime boundary negotiations including the preparation of relevant documentation.
- Assistance with the preparation of submissions to the Commission on the Limits of the Continental Shelf and the presentation and defence of such submissions, including associated legal and project management advice.
- Advice and drafting assistance regarding maritime zones legislation.
- Drafting of legislation regulating the conduct of deep seabed mining.
Commonwealth Secretariat

Legal Adviser
Commonwealth Secretariat
March 2010 – December 2011 (1 year 10 months)London, United Kingdom


Project manager on legal and technical assistance projects to Commonwealth member countries in relation to the delimitation of maritime boundaries, drafting and implementation of maritime zones legislation and the preparation and presentation of submissions to the Commission on the Limits of the Continental Shelf.
Preparation of advice on the implementation of multilateral treaty obligations by Commonwealth member countries and the impact of such treaties on sovereign power to negotiate maritime boundary agreements.
Drafting of joint management agreement provisions for shared areas of continental shelf beyond the EEZ.
Management of project budgets and consultants, liaison with high level executive and parliamentary representative of client governments, coordination of multiple inputs to submissions.


DLA Piper
Senior Associate
DLA Piper
October 2001 – February 2010 (8 years 5 months)Canberra


Complex administrative law and legislative interpretation advice to Australian Government clients.
Ad hoc public international law advice to private sector and foreign government clients, including in relation to international aviation law and maritime boundaries issues.
Australian Government procurement, contracting and probity advice and the negotiation and drafting of tender process documents and contracts.
Secondments to several agencies, including the Department of Human Services and Civil Aviation Safety Authority.
Litigation: including representation at coronial inquest and complex commercial disputes.

Senior Legal Officer
Office of International Law, Australian Attorney-General's Department
September 2000 – June 2001 (10 months)Canberra


Legal research and advice on maritime delimitation issues.
Research, advice and drafting of treaty provisions relating to the unitisation of hydrocarbon deposits in the Timor Sea.
Preparing Australian Government responses to communications by individuals to the United Nations Human Rights Committee.
Advice on other issues of public international law as required.

Legal Counsel
Civil Aviation Safety Authority
July 1997 – September 2000 (3 years 3 months)


  • Advice to CASA on issues of public international law relevant to the performance of the Authority's functions.
  • Advice on the interpretation of legislation administered by the Authority.
  • Legislative drafting and the preparatio of drafting instructions.
  • Commercial law, contracting and procurement advice.
  • Legal-policy advice and policy development.
  • Administrative law advice and litigation.
  • Advice on corporate issues.

Any comments???

Sarcs 5th Feb 2014 05:45

Talking of cultures..did you hear the one about...
 
...the 36 Red Rats & 11 Vestile Virgins that went to a NYE piss up??
Well now they're all apparently in rehab...:rolleyes:

[YOUTUBE]

Fifty Qantas and Virgin airline and alcohol drug testing

Love this bit..because according to the experts (WHO & the AODCA) we're all doomed to a life of tea totalling (& no more snorting lines on the tarmac) or else?? :{

Last year a survey of more than 300 members of the Australian and International Pilots' Association pilots revealed a culture of heavy drinking.

It found one in seven was at risk of significant life problems because of excessive alcohol consumption. Eight pilots scored above the cut-off for alcohol dependence, according to a World Health Organisation scale.

The report compiled by former Alcohol and Other Drugs Council of Australia chief executive Dr Donna Bull found three-quarters of international pilots drank at hazardous levels.

Forty per cent admitted to imbibing six or more drinks in a single occasion at least once a month _ the accepted definition of binge drinking.

Hmm...heard through the grapevine that this is just the tip of the Avmed iceberg in relation to the big end of town airlines, who are consequently..."NOT HAPPY JAN!":(

Oh the FF PMO will be rubbing his hands in glee...:E

Cactusjack 5th Feb 2014 06:20

UITA, I have plenty of comments about that, but I am sick of being thread banned because I refuse to change my wording into a format or style that doesn't offend those soft at heart who like to appease puppet masters.
The upshot is that CAsA will do as they please, nobody who wants to expose them is allowed to and they have the doors slammed on them at every avenue whether it be legally, morally, factually or even via a tendentious blog.

CAsA =1000, IOS = 0

Creampuff 5th Feb 2014 07:19

UITA and Cactus

If it’s possible for you to set aside your blind prejudice and be a teensy bit objective just for a little while, you might be able to comprehend the fact that:

- no one in CASA drafted Part 99, and

- no lawyer in CASA or elsewhere decided that Part 99 was good policy.

Think about it. ;)

Cactusjack 5th Feb 2014 10:58

Blind prejudice? What blind prejudice?
 
Oh Creampuff, yet again you stick up for your 'lawyer friends' in CAsA. Hey didn't do it, it was not us, we were in Montreal at the time!
That's a nice quality that though, loyalty. And yes even amongst the ranks of CAsA it can still be found. And after all life would be dull without a loyal team such as the Witchdoctor, that other 'bloke' from the west and Flyingfiend at Sleepy Hollow.
Who knows Creamy, perhaps you should initiate a 'special audit' on myself and UITA := Do you need to borrow an enforcement manual or is there still one on your bookshelf?

Up-into-the-air 5th Feb 2014 15:44

Who writes the Parts?
 
Come on I will bite cp

You well know as others on the thread that the individual departments write and hone the material, submit it via OLC then via AG's for approval then mrdak [Head of Department].

The part is then tabled usually sliding via parliament without notice for foisting on the great unsuspecting unwashed.

But not always when wide awake senators like David Fawcett and Nick Xenophon move disallowance motions

Go Sen nick - See cao 48 up for disallownace now.

Reasonable summary cp?

Creampuff 5th Feb 2014 18:53

No, because it is wrong.

Regulations are drafted by the Office of Parliamentary Counsel, on instructions from the relevant policy makers. Office of Parliamentary Counsel - About OPC (Regulations used to be drafted by the Office of Legislative Drafting and Publication, but it was recently ‘absorbed’ into the Office of Parliamentary Counsel.)

Office of Legal Counsel in CASA hasn’t draft any regulations for a looooooong time.

Office of Legal Counsel in CASA doesn’t have authority to decide the policy around D+A testing.

But feel free to blame OLC: That’s exactly what the organ grinders want you fools to do. :ok:


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