Criminal records, CASA and pilots.
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Criminal records, CASA and pilots.
Is it still correct that a person with a criminal record cannot hold a CPL?
What happens if a current holder of a CPL and higher subsequently obtains a criminal record? Is it at CASA's discretion to make the decision to revoke the licence on a case-by-case basis, or is it carte blanche?
What happens if a current holder of a CPL and higher subsequently obtains a criminal record? Is it at CASA's discretion to make the decision to revoke the licence on a case-by-case basis, or is it carte blanche?
Join Date: Jan 2000
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Kaptin M, hello!
Not true. Anybody can hold a CPL or ATPL, in fact no mention of your criminal record is even ever made to CASA.
However, when I was in Sydney a couple of years ago there was a guy that got a job flying Dash 8s with QF that had trouble getting an 'Airside Security Clearance' becasue he had a record after assulting a taxi driver.
So Kaptin, what have you done?
Not true. Anybody can hold a CPL or ATPL, in fact no mention of your criminal record is even ever made to CASA.
However, when I was in Sydney a couple of years ago there was a guy that got a job flying Dash 8s with QF that had trouble getting an 'Airside Security Clearance' becasue he had a record after assulting a taxi driver.
So Kaptin, what have you done?
If "a record" were an impediment to holding a CPL or higher license, I suspect Australia would have quite a few less CPL/ATPL pilots! 
I suspect that to deny granting a license to a pilot on the basis of his past "record" may be both an invasion of privacy and a breach of human rights, to which Australia suscribes (with the exception of CASA's "Administrative Action" of course.)
Beyond the "duty of care" provisions of the Act, I know of no other section of the Act or CAR's which could preclude a Politician, Lawyer or even Ned Kelly holding a CPL or ATPL. (My apologies, of course, to the modern day Ned Kelly and The Kelly Gang.....)
[ 05 August 2001: Message edited by: Torres ]
I suspect that to deny granting a license to a pilot on the basis of his past "record" may be both an invasion of privacy and a breach of human rights, to which Australia suscribes (with the exception of CASA's "Administrative Action" of course.)
Beyond the "duty of care" provisions of the Act, I know of no other section of the Act or CAR's which could preclude a Politician, Lawyer or even Ned Kelly holding a CPL or ATPL. (My apologies, of course, to the modern day Ned Kelly and The Kelly Gang.....)
[ 05 August 2001: Message edited by: Torres ]
PPRuNe's Paramedic
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From my experience the security check for the ASIC card is to supply information held by the federal police to your employer. the card is still issued if your employer wishes to take a known risk. Past history and recent performance would obviously come into play. Depending on the offense, some records are only held in individual states not in the federal files.
Some employers o/s wont employ personel with convictions under seven years old including drink driving or driving with a suspended licence (uninsured, unregistered etc).
Drug convictions are very dimly viewed in most cases and serious drug offenders will not be employed at all. (south America perhaps
)
Some employers o/s wont employ personel with convictions under seven years old including drink driving or driving with a suspended licence (uninsured, unregistered etc).
Drug convictions are very dimly viewed in most cases and serious drug offenders will not be employed at all. (south America perhaps
)
Likely to be denied an ASIC if convicted of an offence involving dishonesty , though you can appeal to the Minister of Transport.
To hold a US ATP you need to be of "good moral character" in case you are thinking of getting one.
To hold a US ATP you need to be of "good moral character" in case you are thinking of getting one.
Primitive Aviator
Join Date: Sep 1998
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Well, it is a question on your medical renewal form and perhaps that is why Kaptin M is asking.
The question asks whether you have been convicted of a criminal or traffic offence. It has been on that form as long as I can remember.
Think you would get into more trouble by making a false declaration than by owning up. Same goes for employment applications. I guess consequences would depend on the nature and recency of the offence. Try the CASA site to see if anything is specified.
The question asks whether you have been convicted of a criminal or traffic offence. It has been on that form as long as I can remember.
Think you would get into more trouble by making a false declaration than by owning up. Same goes for employment applications. I guess consequences would depend on the nature and recency of the offence. Try the CASA site to see if anything is specified.
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I seem to remember that if you have a DUI in the UK, the police are supposed to inform the CAA. It is a long time since I have been there but if it holds true then one small lapse could really cause problems with your career. 
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Reason for asking on medical renewal I understand, same as question about normal dentist and doctor, is for ID if you have a fatal accident. If you have a criminal record your fingerprints and most probably your DNA will be on record.
Join Date: Apr 2001
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ASHOCK,
In Victoria, OZ, an offence against the Road Safety Traffic regulations is not a criminal offence. That is, drink driving, speeding etc. If you lose your licence through a breach of the RSTR, it is up to the individual to notify your employer. I suppose the exception would be if you are drunk and run over someone. Culpable driving is a criminal offence.
In Victoria, OZ, an offence against the Road Safety Traffic regulations is not a criminal offence. That is, drink driving, speeding etc. If you lose your licence through a breach of the RSTR, it is up to the individual to notify your employer. I suppose the exception would be if you are drunk and run over someone. Culpable driving is a criminal offence.
Convictiona of a minor offence are note requited to be reported on the form if they are more than 10 years since the conviction, in other words, called spent convicions. In essence, your sins of the past are forgiven.
More recent convictions of a minor nature will(DUI, Disqualifications etc) will be investigated more thorougly, you shold be ok in the end though, your application will usually take a little longer.
Every ASIC application is sent for approval by the Australian Federal Police who do a criminal background check.
You do have recourse to appeal to the Administrative Appeals Tribunal to argue your case if your applcation is rejected.
Persistant offenders, serious crimes(ax murders etc) and those with non minor drug convictions are normally rejected outright.
More recent convictions of a minor nature will(DUI, Disqualifications etc) will be investigated more thorougly, you shold be ok in the end though, your application will usually take a little longer.
Every ASIC application is sent for approval by the Australian Federal Police who do a criminal background check.
You do have recourse to appeal to the Administrative Appeals Tribunal to argue your case if your applcation is rejected.
Persistant offenders, serious crimes(ax murders etc) and those with non minor drug convictions are normally rejected outright.
Join Date: Jul 2001
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Dont hide something (unless it's really bad 
).
Failure to declare is a falsification which is viewed far more seriously than a there but for the grace offence such as a DUI: after all what faith would an employer have in reports etc?
). Failure to declare is a falsification which is viewed far more seriously than a there but for the grace offence such as a DUI: after all what faith would an employer have in reports etc?
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Do you know that it's an offense to be a pprune-a-holic.
lame and the others know this and this is why they haven't told CAA or CASA about it.
if they were to ever find out about this it could end their careers. (mind you it could also start mine )
so in my view you don't have to admit to anyone you have a conviction.
lame and the others know this and this is why they haven't told CAA or CASA about it.
if they were to ever find out about this it could end their careers. (mind you it could also start mine
)so in my view you don't have to admit to anyone you have a conviction.
CAR 5.09 (in part)
- is a fit and proper person
- CASA must not issue the licence if
* knowingly made a false or misleading statement in relation to the application
- an applicant must disclose information that is relevant
are you still
- is a fit and proper person
- CASA must not issue the licence if
* knowingly made a false or misleading statement in relation to the application
- an applicant must disclose information that is relevant
are you still