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Merged: CASA Regulatory Reform

Old 24th Jul 2012, 02:41
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The latest from The CASA Briefing;

In the past month CASA has asked the aviation industry to comment on three important proposed parts of the Civil Aviation Safety Regulations. A notice of proposed rule making has been published for Part 119, which covers air operator’s certificates for passenger and cargo air transport. Drafts of Part 135 – air transport operations in small aeroplanes – and Part 133 – rotorcraft air transport operations – have also been released. In all three cases these proposed sets of rules are the culmination of years of work by both people in CASA and the aviation industry. In the case of Part 119 a total of 31 people are listed as having directly participated in the development of proposed regulations. This includes people from the major airlines, aviation academics and medium sized air operators. In addition, there has been previous broad consultation with the industry which allowed a wide range of other people to comment on the proposals. The draft regulations and proposed standards we are seeing now are the outcome of careful thought by many people about the future of aviation safety in Australia. They are most certainly not proposals created behind closed doors by CASA to be imposed on the aviation industry.

In fact, each new part of the suite of Civil Aviation Safety Regulations is a piece of a mosaic designed to create an even safer aviation safety system for Australia. As far as is possible the new rules are based on International Civil Aviation Organization standards and recommended practices and align with other leading aviation nations. The safety standards aim to address known risks and to improve the safety performance of organisations and individuals in aviation. In many areas of the proposed new rules there is a focus on building defences against organisational and individual failures that can jeopardise safety. Requirements for the establishment of safety management systems and the introduction of human factors training are examples of defences that we know will deliver better safety outcomes and these are being proposed where appropriate.

I understand that some people will look at the volume of proposed rules being released and feel a little overwhelmed and perhaps wonder why it is all happening now. The answer is that many of these regulatory parts are dependent on each other and only make sense when you can see the whole picture. If you are not directly affected by a set of proposed new regulations, you really only need to gain an understanding of the bigger picture, which you can quickly obtain from the summary information posted on the CASA web site. Naturally, if a set of rules impacts directly on your operations I would urge you to take the time to read the consultation material in more detail. There is more on the proposed Parts 119, 133 and 135 later in this edition of the CASA Briefing.

In summary, CASA will have the remaining new parts of the Civil Aviation Safety Regulations made as law shortly, bringing an effective end to the regulatory reform program. CASA is very cognizant; however, that the major issue to be faced is the ability of the aviation industry to absorb change. In fact, at the recent Standards Consultative Committee meeting in Canberra, there were calls from some sectors of the industry for the regulatory reform program to be slowed down.

CASA has gained significant momentum over the last few years with the establishment of the Regulatory Task Force, which was formed in concert with the Attorney General’s Department. We would be foolish to disrupt this demonstrably successful initiative. However, CASA can and will moderate the commencement date of the new regulation suites and develop savings provisions as necessary as we assess the amount of transition that is required by the industry with the overriding caveat as explained above that many of the remaining regulatory parts are not viable as 'stand-alone' items: they must go as one package.

Once again, I urge you all to respond to our calls for comments so that Australia can move forward with a regulatory set that positions us at the forefront of the aviation industry world wide.

Best regards

John F McCormick

I particularly liked:

CASA has gained significant momentum over the last few years with the establishment of the Regulatory Task Force, which was formed in concert with the Attorney General’s Department. We would be foolish to disrupt this demonstrably successful initiative.

Last edited by Frank Arouet; 24th Jul 2012 at 02:43.
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Old 24th Jul 2012, 02:57
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Whereas, after 23 years, I found this more interesting:
In fact, at the recent Standards Consultative Committee meeting in Canberra, there were calls from some sectors of the industry for the regulatory reform program to be slowed down.
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Old 24th Jul 2012, 03:32
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Frank,
This We would be foolish to disrupt this demonstrably successful initiative.

Translates as: We have the politicians well and truly bluffed.
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Old 24th Jul 2012, 06:32
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Watch out Blackie "K" has docked the ferry and is off looking for lost souls!

Oh and Creamy here's a genuine letter of concern for you to send to your local MP, all you need do is cut and paste, put the applicable MP's name and address with your cursive down the bottom..then fwd on. Come on I know you want to.....certainly make's more sense than the 'skull spin' in the regulator's ripping yarns page!

To: the Member for Kickinatinalong.

Dear Member.

I am one of more than 100,000 people associated with aviation in Australia who will be voting in the impending Federal election. Like many of my colleagues I am deeply concerned about the present state of the industry, not only in terms of air safety but of the ability of the industry to remain viable under the present conditions. Could you please outline your party policy on the following important issues.

1) New Zealand, Canada and Papua New Guinea have each provided, using industry consultation, within a 5 year period an outcome based regulatory suite which has been welcomed by the national industry. Meanwhile, Australia remains internationally embarrassed by a suite of complex, prescriptive, criminal law based regulation which is legally and financially detrimental, unacceptable to and unusable by the industry, non compliant with International Civil Aviation Organisation (ICAO) requirements, remains incomplete after 23 years and has so far cost in excess of two hundred million dollars.

2) The recent crash of an Air France Airbus claimed 256 lives; the report on the incident highlights many of the industry concerns related to pilot competency based training standards. These concerns were recently examined by the Senate and a 'white paper' was provided by the incumbent Minister. The industry believes the white paper to be a flawed, misleading, self serving document which solely allows the present Civil Aviation Safety Authority (CASA) to continue drafting incompetent regulation without the benefit of expert industry consultation or addressing the issues.

3) There is a strong support within the industry for dismantling the present Civil Aviation Safety Authority (CASA) and it's replacement with a Civil Aviation Administration as in other ICAO compliant countries. One major concern, amongst many, is the devastating effect the CASA is having on the industry in terms of operator, pilot and industry confidence. This is affecting the industry ability to attract investment, foster training and create employment. There exists a real, tangible need to examine all facets of the manner in which the CASA conducts business with the user pays industry it serves.

4) Air Traffic Services (ATS) to the Australian public are essential to safety. The current system has been progressively and systematically degraded to the point where, many believe the probability of a mid air collision has increased to crisis point. The service is understaffed, over managed; and, beginning to show signs of being irretrievably damaged by a shortage of skilled, qualified personnel. There exists in real time, a pressing need to provide the ATS with suitable equipment, the personnel to operate that equipment and a training system which returns Australia to a world class system for separating aircraft in the busy airspace surrounding our capital cities.

5) The International Civil Aviation Organisation (ICAO) have through consultation developed an audit model which has been almost universally adapted by all responsible National Aviation Authorities. The industry believe that this model should be accepted and fully utilised in Australia. It is further acknowledged that Australia has one of the most lengthy 'differences' list with the ICAO system, approximately 2500 items, it is considered essential that this number be reduced and the industry returned to world best practice.

The points above serve to highlight just a few of the many aviation industry concerns. Would your government be prepared, through policy to announce an overhaul of the present system and return Australian aviation to its position as a world leader in safety and excellence?

Yours sincerely.

N. Aviator.

Last edited by Sarcs; 24th Jul 2012 at 06:42.
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Old 24th Jul 2012, 08:14
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"CASA is very cognizant; however, that the major issue to be faced is the ability of the aviation industry to absorb change. In fact, at the recent Standards Consultative Committee meeting in Canberra, there were calls from some sectors of the industry for the regulatory reform program to be slowed down."

Pity their not cognizant of the "COST" and the industries ability to absorb it.
These idiots need to understand that there are limits to what people are prepared to pay for a service...when the costs get ridiculous people look for alternatives...I mean DUUH! isnt that the premise the "Ginger Ninja" is using to justify her Carbon TAX.
So Mr CASA if your few thousand pages of "B..llSh..t" drives the cost of aviation to that point where people wont pay for it what then?
You have nothing left to regulate.
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Old 24th Jul 2012, 21:02
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Looks like someone kicked over the kava bowl on the Ferry.

Last edited by blackhand; 24th Jul 2012 at 21:03. Reason: speellin
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Old 24th Jul 2012, 23:26
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there were calls from some sectors of the industry for the regulatory reform program to be slowed down.
What was his name?
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Old 25th Jul 2012, 00:57
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What was his name?
Frankly, that is funny. I don't think any Aviation participants would want anymore time after nearly 23 years.

Last edited by blackhand; 25th Jul 2012 at 00:59.
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Old 25th Jul 2012, 20:27
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Reformed or reformatted?

The latest blurb, issued by 'he who must not be named' worries me more than any of the previous scripts provided from Yes Minister; it shows a new strategy.

Just have a read of some of the current rubbish on offer, talk to the engineers (those that have stayed in business) then decide. It will do no good to whinge and whine after this mess becomes law; and, by the sounds of it, there is a whole load of 'new' law heading your way. There is a little time before the next election.

So far the 'new' regulations have provided a garbled mix of CAO and CAR loaded in favour of the regulator, larded with Draconian threats and seasoned with complex language. The next step will be to dump a load of unworkable rubbish into the industry lap and say – 'there you go boys, new regs'. Then it becomes the industry problem, not theirs. Yes Minister, we delivered, not our fault the industry can't work them. We consulted, we redrafted and we provided.

Have the regulations been reformed and remodelled in compliance with ICAO and the rest of the world? or have we just been handed a stew of the same of old crap, reformatted to suit.

Last edited by Kharon; 25th Jul 2012 at 20:29.
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Old 25th Jul 2012, 23:21
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Reformatted for sure gets my vote!

After all what do you expect from a bunch of geriatrics, who are totally disenfranchised from the mainstream industry stakeholders!

Skull's spiel from the July edition of 'Ripping Yarns' is almost word for word from the bureaucratise book of spin, he even has the audacity to blame certain operators for current delays. Oh but haven't I heard that before somewhere??...
More time for input on new rules


The aviation industry is being given more time to consider key proposals for reform of the aviation safety regulations.

The Civil Aviation Safety Authority is extending the cut-off date for comments on six detailed safety reform documents.

This follows calls from many sections of the aviation industry to allow extra time for careful consideration of the reform proposals.

CASA’s Director of Aviation Safety, Mick Toller, says industry comment is vital in getting the new safety regulations right.

“The new regulations will set the framework for aviation safety in Australia for the first part of this Century, so it is critical they are the best we can achieve,” Mr Toller says.

“CASA can’t do this alone – we need to draw on the expertise and knowledge of as many people in the aviation industry as possible.

“In recent weeks a number of people have told me they are very keen to comment on these proposals but they simply need more time.

“These Discussion Papers and Notices of Proposed Rule Making are large documents and some of the issues are complex, so it is only sensible to allow as much time as possible for comment.

“I urge people in aviation in Australia to give their input to the proposed reforms so we can refine and improve on the drafts.”

CASA is extending the comment deadline until August 31 for six reform documents.

These cover pilot licensing, flying training, air operator certification, large air transport operations and small air transport operations.

The consultation documents have been issued by CASA as part of the program of rewriting Australia’s aviation safety regulations.
Oh and the proforma spiels let's see....here's one from 1999:

CASA MediaRelease - 29 June 1999
CASA's ambitious reform program


The Civil Aviation Safety Authority (CASA) is setting itself an ambitiousprogram of reform for the future, according to the new Chairman Dr PaulScully-Power.

Dr Scully-Power says CASA is committed to continuing the rewriting of Australianaviation regulations and to fair and consistent enforcement of the rules.

He says aviation regulations will be simpler and easier to follow and willmove closer to international standards.

"The CASA Board has a clear vision of the changes and reforms whichare required to help improve the safety record of aviation in Australia andwill work to ensure they are embraced by everyone in CASA and theindustry," Dr Scully-Power says.

"Our long term goal is to make flying as easy as possible for everyonein Australia who complies with the rules and acts responsibly.

"In the short term CASA has a number of important projects under waythat will deliver real benefits to the aviation industry and the travellingpublic.

"The most important of these projects is the continuing work torewrite the aviation safety regulations.

"This is a huge job which has been progressing for some time and willtake many more months to complete.

"Right now the new regulations governing Airworthiness Directives arebeing finalised and should come into effect by the end of October this year.
"Rules relating to Aircraft Registration and Markings will berewritten in the second half of this year."
....and 2002!
CASA Media Release - Thursday 17 October 2002
New air safety rules to help industry


A new analysis shows the restructuring of Australia’s aviation regulations will greatly simplify and clarify air safety requirements.

More than 900 civil aviation regulations and orders will be organised into 53 key categories under the new structure of the air safety rules.

This user-friendly approach will make it easier for people in the aviation industry to find the right rules for their operation.

The categories – known as Parts under the new structure – cover areas such as airworthiness, maintenance, licensing, flight rules, air transport operations and aerodromes.

At the moment people working in a small airline or charter business must follow specific rules for their type of operation, which are contained in more than 95 different civil aviation regulations and orders.

Under the new structure all the rules dedicated to small airlines and charter operations will be in a single category – Part 121B.

Large airlines currently follow rules specific to their operations which are located in more than 65 different regulatory areas. These will now be grouped into one category – Part 121A.

General operating and flight rules are now spelt out in at least 95 regulations and orders. These will be located in a single category – Part 91.

CASA’s Acting Director of Aviation Safety, Bruce Gemmell, says the new analysis of the regulatory reform programme is a real eye-opener.

“The proposed new structure has been around for a while but no-one has sat down and looked carefully at it’s impact in this way,” Mr Gemmell says.

“The good news is that the impact is very, very positive. The life of everybody involved in aviation in Australia will be a great deal easier under this simpler, clearer regulatory structure.

“Under the new rules you can go to a clear subject area to look up the regulations and requirements specific to your aviation operations. Naturally, for most people there will still be generally applicable rules that will be contained in other Parts.

“But the bottom-line is that under the new structure it will be easier to find the air safety requirements relevant to your operation.

“Of course, there’s a lot more to the reform of the regulations than just restructuring, however the benefits of this initiative alone are now obvious.”
As Kelpie would say..."more to follow!"
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Old 26th Jul 2012, 03:00
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One voice

If the industry was represented by a single voice (the same way the medical industry have the vocal and influential AMA) CASA would not exist most likely. I mean, who is the regulator for doctors and hospitals? When did you last see the medical regulator kicking ambulance tyres and counting bedpans at a hospital and then dangling your livelihood in front of you because they were displeased?

While we continue to allow the People's Front of Judea (AIPA/AFAP) and the Judean People's Front (TWU) and the Judean Popular People's Front (ALAEA) and the myriad of other well meaning sectional interest groups to be the voice of industry there is no hope of containing the Romans (CASA).

Someone will tell me I'm wrong no doubt
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Old 26th Jul 2012, 03:34
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It starts at "the grass roots" of general aviation before it gets to the Industrial Unions.

When you have, what used to be, a one man operation in the bush, training and doing the odd charter, turn into a multi faceted CASAcentric, paper intensive, AOC regulatory overburden operation with criminal consequences, you have what we have now. A "clusterfcuk"

I have always said, there is no democracy on the flight deck, so the concept of a large number of "alpha" males/ (females) getting together and coming to any concensus is pure fantasy.

Asking our benevolent regulator to bin those same qualifications that got them the job in the first place, is similarly fantasy. We need leaders, not psychopaths in all facets of the industry.

1) CASA should regulate as as a CAA.

2) ATSB should investigate.

3) Federal police should prosecute.

Government needs to address item 1) first, as the regulations are unworkable for the other parties.
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Old 26th Jul 2012, 06:20
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1) CASA should regulate as as a CAA.

2) ATSB should investigate.

3) Federal police should prosecute.
That would require a special federal copper aviation squad, wouldn't it? But I think you're right that CASA needs to be less Gestapo and more leading light.

Last edited by Arm out the window; 26th Jul 2012 at 06:20.
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Old 26th Jul 2012, 07:21
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That would require a special federal copper aviation squad, wouldn't it?
There already is an AFP aviation squad, I believe their acronym is JAIT or JAT for Joint Aviation (Investigation) Teams....and Frank I think it should be:
1) CASA should regulate as as a CAA.

2) ATSB should investigate accidents/incidents.

3) AFP investigate breaches of the Civil Aviation Act.

4) CDPP should decide whether to prosecute.
The irony of 4) is that in JQ's case the CDPP decided not to prosecute...but the regulator decided to go on with it regardless!!
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Old 26th Jul 2012, 07:54
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Before I have any faith in the CDDP, I would firstly like to see what happens with "the Slipper affair". Too many "incidents" have been buried here by higher authority.

Also one should be aware that most of the old OLC network now work for, or act for CDDP. (only a rumour, as strong as it came, but this is a rumour network isn't it)?
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Old 26th Jul 2012, 11:19
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Frank, Ah the CDPP the legal hall of fame, possibly the most inept bunch in the country.

In W.A. a Prosecutor completely stuffs Andrew Mallards life who gets a life jail term but the prosecutor is subsequently found to have run the case incompetently, result = $10,000 fine after he resigned and got a $270,000.00 payout. Mallard gets released by the Supreme court after 12 years, exonerated with a State $3.0million ex gratia payout.

I know not aviation related and state based but demonstrates the breathtaking way the various DPP protect their own.

Just a demonstration of the way the Criminal Justice system operates.
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Old 26th Jul 2012, 14:21
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---- CASA needs to be less Gestapo
Don't you mean Airstapo??

At least the new proposals to make all the raw data from ATSB incident reports available to CASA --- "for enforcement purposes" will greatly reduce the workload for both organizations, as the flow of reports to ATSB ceases!!

Tootle pip!!!
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Old 26th Jul 2012, 21:40
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Gestapo
Godwin’s Law proved again!
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Old 27th Jul 2012, 00:46
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as the flow of reports to ATSB ceases!!


Very amusing, but how true!
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Old 1st Aug 2012, 20:01
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The cost of Apathy.

Here are a small part of some of the 'new' regulations at work in a hangar near you.

Maintenance mayhem for general aviation – aviationadvertiser.com.au

There are no prizes on offer for guessing what comes next .

This Financially irresponsible, legally incompetent and morally bankrupt system cannot, any longer be allowed to dictate or manage the industry it is paid to serve.

Last edited by Kharon; 1st Aug 2012 at 20:03.
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