New DAS for CASA
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New DAS for CASA
Well, the advert for a new DAS at CASA came out a few weeks ago, but no rumours yet on likely candidates??? Curious.
Maybe Kharon or Sarcs or Thornbird will stand up for the role and fix the issues they've been so vocal about???
Maybe Kharon or Sarcs or Thornbird will stand up for the role and fix the issues they've been so vocal about???
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Sorry mate,
Word on the street is, its long been decided, the iron ring wins I'm told.
Already the dogs have been loosed, the poor bastards who submitted to Trusses farce of an inquiry are firmly in the sights of "Establishment". Retribution will be swift and merciless.
Already the Ag people have been served notice I'm told, via the CAsA board, retract their criticism or face the wrath of CAsA.
Bloody hell we may just as well be ruled by China!!!
Well for you corrupt ass...oles, I aint going to make it easy for you, find me if you can and do your worst, if you think that will fk...ing silence me, your dreaming.
Oh and you threatening phone calls to my wife wont work either!!
Word on the street is, its long been decided, the iron ring wins I'm told.
Already the dogs have been loosed, the poor bastards who submitted to Trusses farce of an inquiry are firmly in the sights of "Establishment". Retribution will be swift and merciless.
Already the Ag people have been served notice I'm told, via the CAsA board, retract their criticism or face the wrath of CAsA.
Bloody hell we may just as well be ruled by China!!!
Well for you corrupt ass...oles, I aint going to make it easy for you, find me if you can and do your worst, if you think that will fk...ing silence me, your dreaming.
Oh and you threatening phone calls to my wife wont work either!!
Last edited by thorn bird; 31st May 2014 at 09:30. Reason: late night phone calls
Folks,
There are, reputedly ( what a great CYA word) three serious candidates so far, but I seriously expect the "successful" candidate will be the one judged to be the least likely to cause the Minister any problems, by actually wanting to carry out genuine reforms, and a serious restructure of CASA staff, particularly upper levels of management.
I sincerely hope I am wrong, but I find the likelihood of the critical reforms required, actually being given the green light, as extremely remote.
In good SMS terms, the likelihood of occurrence ( of serious reform) is low, but the consequences are extreme, the mitigation is to bury the whole issue in political treacle.
Again, I sincerely hope I am wrong, the poor bleeding industry can't take much more.
Tootle pip!!
There are, reputedly ( what a great CYA word) three serious candidates so far, but I seriously expect the "successful" candidate will be the one judged to be the least likely to cause the Minister any problems, by actually wanting to carry out genuine reforms, and a serious restructure of CASA staff, particularly upper levels of management.
I sincerely hope I am wrong, but I find the likelihood of the critical reforms required, actually being given the green light, as extremely remote.
In good SMS terms, the likelihood of occurrence ( of serious reform) is low, but the consequences are extreme, the mitigation is to bury the whole issue in political treacle.
Again, I sincerely hope I am wrong, the poor bleeding industry can't take much more.
Tootle pip!!
There are, reputedly ... three serious candidates so far
So - based on the 'serious' attention so far given by Truss to the evident problems with CASA and the ATSB, that'd obviously have to be Mo, Larry and Curly.
Sorry Lead Sled - couldn't resist.
I guess that just leaves the ATSB to be sorted out - perhaps Truss has got Ronald McDonald in mind to take over there?
Couldn't be any worse than the current clown who's supposedly in charge, could it?
Last edited by SIUYA; 31st May 2014 at 10:17.
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DAS - Director of Anal Surgery
The whole thing is a snow job...I have heard that along with Mr Angry, Mr A380 is also going, and it is rumoured that Dr Voodoo may go over to the ATsB and replace Beaker....all rumours of course. If a man of integrity who has a giant set doesn't get the CAsA gig, we are all screwed. Even if a man of integrity is appointed, nothing will change within the veins of the organisation as the Iron Ring reigns supreme, and it has numerous protege's waiting patiently in the wings. The beast has been poked very hard by the IOS and the time for payback is nigh. The 'model litigant' has a number of axes to grind and has been sharpening its axe heads.
The truth of the matter is that Australian politics has been moulded for over 150 years into the system we have today. Nothing will change in CAsA, or within any other government department unless Australia's undemocratic political system is changed.
It doesn't matter whether a Saint or a street bum gets the DAS job, it makes no difference if the scab is knocked off the top while the cancerous lesion works furiously beneath the surface.
My vote for the new DAS would have to be one of these guys;
https://m.facebook.com/OffiziellAnonymousPage?_rdr
Tick tock
The truth of the matter is that Australian politics has been moulded for over 150 years into the system we have today. Nothing will change in CAsA, or within any other government department unless Australia's undemocratic political system is changed.
It doesn't matter whether a Saint or a street bum gets the DAS job, it makes no difference if the scab is knocked off the top while the cancerous lesion works furiously beneath the surface.
My vote for the new DAS would have to be one of these guys;
https://m.facebook.com/OffiziellAnonymousPage?_rdr
Tick tock
Last edited by 004wercras; 31st May 2014 at 20:25.
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What you say DG? (text doesn't allow sarcasm)
Hoody, you have to be kidding. Full of words, great arse kisser and full of himself!
I'd rather see Pauline Hanson take over than him. I hear stories of the man shirtless, pissed, with pierced nipples dancing on tables at FF Xmas parties. Just what we need!
As for Dr Voodoo and the ATSB, God help us. There are enough problems in the world to solve. Voodoo would just settle back into bed with CASA and Mr Dak, and whoever is the Minister at the time.
Bring in some serious OS expert with a solid GA background is my call.
I'd rather see Pauline Hanson take over than him. I hear stories of the man shirtless, pissed, with pierced nipples dancing on tables at FF Xmas parties. Just what we need!
As for Dr Voodoo and the ATSB, God help us. There are enough problems in the world to solve. Voodoo would just settle back into bed with CASA and Mr Dak, and whoever is the Minister at the time.
Bring in some serious OS expert with a solid GA background is my call.
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Bring in some serious OS expert with a solid GA background is my call.
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I hear stories of the man shirtless, pissed, with pierced nipples dancing on tables at FF Xmas parties. Just what we need!
One of the other DAS trio tried to do the same thing but couldn't get out of his Zimmer frame!
Dance lessons for the new DAS;
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Only 10 replies until we see a posting of utter rubbish totally unrelated to the thread. Enough of the YouTube crap already. A complete waste of bandwidth. This seems to be a pattern at pprune, at least from a few regulars.
Come on guys, how about some nominations of credible and suitable candidates.
I would like to see Pat Murray return. Former GM of the air transport group (which doesn't seem to exist anymore) and now associate professor at Griffith uni - strong operational background, experience at CASA trying to affect change (and had the guts to leave when insurmountable barriers were put up), long enough out of the left seat to have removed any 'blinkers', and an academic background to recognise what needs to be done!
Any others?
Come on guys, how about some nominations of credible and suitable candidates.
I would like to see Pat Murray return. Former GM of the air transport group (which doesn't seem to exist anymore) and now associate professor at Griffith uni - strong operational background, experience at CASA trying to affect change (and had the guts to leave when insurmountable barriers were put up), long enough out of the left seat to have removed any 'blinkers', and an academic background to recognise what needs to be done!
Any others?
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The patience of a rabbit trap.
Do not envy the new DAS. It will take a master craftsman to defeat the entrenched 'legal' (go get 'em tiger) approach to solving problems. Legal departments can only create havoc when they are encouraged or allowed off leash by senior management; and the current crew have become very used to the freedom. To recall and curb that beast is going to be a job and a half – stand alone.
Then there's the need to instil a spirit of 'cooperative', collaborative approach to working with industry to ensure sensible outcomes. It's been done in the past with very good results – many would be surprised to learn who was the architect of some of the more practical satisfactory conclusions achieved. The Kiwi's have this down to a fine art – and their industry seems to be ticking over very nicely. It's called building capacity....
For an example, look to the current RA-Aus situation – seems there's a potential bit of a mess developing there. I'd bet a beer that the legal dept is salivating at the notion of prosecuting; burning the midnight oil, dreaming up all manner of legal ways to ensure maximum fun, cost and misery. It would be much better to work with the association, develop strategy and create tools to make sure that operations were kosher and conducted according to Hoyle. This will be a challenge for the new DAS. If memory serves, it was Mick Toller and a couple of well qualified men who were of great assistance to AAAA, back in the day; providing the solid foundations of a system which is still vibrant and effective today. Sure keep an eye the 'self administering' bodies, but help them build capacity, help to them to do a better job, encourage compliance; but prosecuting the crap out of some hapless chump because the wrong paperclip was used is not only counterproductive, it defeats the objective.
What CASA hates, worse than poison, is being touted as an anal, low-trust, legally driven organisation. Unfortunately, this assessment is and has been made by every independent study. It's the devils own work to unpick that knot and regain the trust of industry. Without trust and mutual goals i.e. safe outcomes; we get what we have now: a buggers muddle...
No; if the new DAS is to do the job 'proper' justice, a truck load of industry support will be needed. This will require a deep breath and leap of faith to prevent what's left of industry reporting and safety culture being driven completely underground. Lets go for operational safety leading to legal safety. Compliance though sanity not through the wretched business of black letter law being subjectively and often 'improperly' imposed as a safety base.
Agree - Mike Smith is a great opening batsman; runs on the board, in form and pedigree out of the whazoo. But would he accept the poison chalice ? and risk a stellar, international reputation, kudos and respect. He certainly can cure the ills of third world countries. Perhaps Mike Mrdak can use some of his legendary talent as a 'sorter' and persuade Smith to come home. That would be a good days work. Not holding my breath though.
But don't look at me to do the job – talk about a fox in a chook shed. Mind you - a couple of days free reign, wrecking ball, chain saw and a baseball bat would be a tempting, diverting proposition.
Toot toot.
Then there's the need to instil a spirit of 'cooperative', collaborative approach to working with industry to ensure sensible outcomes. It's been done in the past with very good results – many would be surprised to learn who was the architect of some of the more practical satisfactory conclusions achieved. The Kiwi's have this down to a fine art – and their industry seems to be ticking over very nicely. It's called building capacity....
For an example, look to the current RA-Aus situation – seems there's a potential bit of a mess developing there. I'd bet a beer that the legal dept is salivating at the notion of prosecuting; burning the midnight oil, dreaming up all manner of legal ways to ensure maximum fun, cost and misery. It would be much better to work with the association, develop strategy and create tools to make sure that operations were kosher and conducted according to Hoyle. This will be a challenge for the new DAS. If memory serves, it was Mick Toller and a couple of well qualified men who were of great assistance to AAAA, back in the day; providing the solid foundations of a system which is still vibrant and effective today. Sure keep an eye the 'self administering' bodies, but help them build capacity, help to them to do a better job, encourage compliance; but prosecuting the crap out of some hapless chump because the wrong paperclip was used is not only counterproductive, it defeats the objective.
What CASA hates, worse than poison, is being touted as an anal, low-trust, legally driven organisation. Unfortunately, this assessment is and has been made by every independent study. It's the devils own work to unpick that knot and regain the trust of industry. Without trust and mutual goals i.e. safe outcomes; we get what we have now: a buggers muddle...
No; if the new DAS is to do the job 'proper' justice, a truck load of industry support will be needed. This will require a deep breath and leap of faith to prevent what's left of industry reporting and safety culture being driven completely underground. Lets go for operational safety leading to legal safety. Compliance though sanity not through the wretched business of black letter law being subjectively and often 'improperly' imposed as a safety base.
Agree - Mike Smith is a great opening batsman; runs on the board, in form and pedigree out of the whazoo. But would he accept the poison chalice ? and risk a stellar, international reputation, kudos and respect. He certainly can cure the ills of third world countries. Perhaps Mike Mrdak can use some of his legendary talent as a 'sorter' and persuade Smith to come home. That would be a good days work. Not holding my breath though.
But don't look at me to do the job – talk about a fox in a chook shed. Mind you - a couple of days free reign, wrecking ball, chain saw and a baseball bat would be a tempting, diverting proposition.
Toot toot.
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The 'iron ring' would pinch a chook from a blind eagle and anybody sitting in the wings would be similarly afflicted. The 'poison spittoon' needs renewing, not just emptying, and I would suggest Mike Smith would be a very suitable candidate to at least give industry a modicum of hope for the future. The immediate problem is that industry simply doesn't trust the regulator. Again, Mike Smith has proven credibility and is someone capable of re-engineering that respect lacking for so long.
Failing that, the floggings will continue until morale improves.
Failing that, the floggings will continue until morale improves.
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Of all the years of reading your posts Kharon, this has got to be the most lucid and pointed I've seen. Thank you!
Your sage words actually indicate (to me at least) that you may well be better positioned for the role than you, or most, would think.
Your sage words actually indicate (to me at least) that you may well be better positioned for the role than you, or most, would think.
Just a Thought
It is most unusual to see pilots as CEOs of airlines these days. Usually they are people with contemporary management skills normally having served their apprenticeship building their industry knowledge, skills and attitudes.
Why does the Government have a fascination for people who have one specific skill set when it is as clear as the pimple on your nose that they continue to get it wrong. The other mistake the Government hand maidens forget to do is the appropriate level of background checks as this would quickly rule out some people who have been successful.
So, how about someone who knows the industry, has experience as a bureaucrat, has worked in it as a commercial (but not safety) regulator or similar, has had extensive experience representing Australia at the international level, and has the trust of the Minister's Office.
So how about we break the nexus, adopt contemporary practices and get someone who has a broader range of qualifications and experiences to fill the job?
I would expect that MM would welcome an opportunity to change the status quo and has one or two of his team that could de-sensitize the DAS appointment.
Lead sled, do other regulatory bodies have pilots in charge?
The Other Frank x x
Why does the Government have a fascination for people who have one specific skill set when it is as clear as the pimple on your nose that they continue to get it wrong. The other mistake the Government hand maidens forget to do is the appropriate level of background checks as this would quickly rule out some people who have been successful.
So, how about someone who knows the industry, has experience as a bureaucrat, has worked in it as a commercial (but not safety) regulator or similar, has had extensive experience representing Australia at the international level, and has the trust of the Minister's Office.
So how about we break the nexus, adopt contemporary practices and get someone who has a broader range of qualifications and experiences to fill the job?
I would expect that MM would welcome an opportunity to change the status quo and has one or two of his team that could de-sensitize the DAS appointment.
Lead sled, do other regulatory bodies have pilots in charge?
The Other Frank x x
Jumping at shadows.
Thorny:
Leady:
Well I guess this is a rumour network but are you blokes just jumping at shadows?? And in terms of the iron ring & the former board, did you really think they'd roll over and cop the pineapple (& embarrassment)??
One of the things that perplexed me was when McComic got the bullet there was not one peep from the miniscule's office, nor one iota of recognition of the former board's bull****e statement...
If you think about it, from a political perspective, potentially with 260 odd (mostly critical) submissions of FF addressed to the WLR panel (by default the miniscule), for the miniscule to do anything else would be to tempt future political suicide, especially with Barnaby patiently waiting in the wings.
From the amended Act:
Sure the board takes the vote on the DAS position, but which board will that be, the old one or the new one?? Or to put that another way the old Act or the amended Act??
TB:
Also from the Act (my bold)
27F of the CAC Act:
And 27J:
The AAAA submission may have been somewhat more passionate and strongly worded than some of the publicly available submissions but did it actually step outside the realms of reality, the reality that is the true regulatory environment that is currently destroying the whole GA sector of the Oz industry. People may have points of difference with the AAAA submission but on the whole IMO it did pointedly grasp the crux of the current embuggerance, by the regulator, of the industry.
Although Creamy quite often mocks the Coalition policy on extending the numbers of the board, this policy is all but been enacted. It would be a suicidal Minister that would then allow the old board (with an obvious axe to grind) to carry out a personal vendetta against a submitter to a policy (the WLR) that his party & current govt had instigated.
However if that does indeed happen then I suggest we start discussing some of those REVOLTING ideas floating around...260+ submissions probably represent a very large majority of the industry don't you think..
Link for the amended Act: Civil Aviation Act 1988, No. 63, 1988 as amended
Compilation start date: 9 April 2014
Includes amendments up to: Act No. 27, 2014
Word on the street is, its long been decided, the iron ring wins I'm told.
There are, reputedly ( what a great CYA word) three serious candidates so far, but I seriously expect the "successful" candidate will be the one judged to be the least likely to cause the Minister any problems, by actually wanting to carry out genuine reforms, and a serious restructure of CASA staff, particularly upper levels of management.
One of the things that perplexed me was when McComic got the bullet there was not one peep from the miniscule's office, nor one iota of recognition of the former board's bull****e statement...
If you think about it, from a political perspective, potentially with 260 odd (mostly critical) submissions of FF addressed to the WLR panel (by default the miniscule), for the miniscule to do anything else would be to tempt future political suicide, especially with Barnaby patiently waiting in the wings.
From the amended Act:
74 Appointment
(1) The Director is to be appointed by the Board by written instrument, on a full‑time basis.
Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before appointing the Director, the Board must consult the Minister.
(3) A Board member is not eligible for appointment as the Director.
(4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
(1) The Director is to be appointed by the Board by written instrument, on a full‑time basis.
Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before appointing the Director, the Board must consult the Minister.
(3) A Board member is not eligible for appointment as the Director.
(4) The appointment of a person as Director is not invalid because of a defect or irregularity in connection with the person’s appointment.
52 Membership
(1) The Board consists of:
(a) the Director; and
(b) up to 4 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
(1) The Board consists of:
(a) the Director; and
(b) up to 4 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
52 Membership
(1) The Board consists of:
(a) the Director; and
(b) up to 6 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
(1) The Board consists of:
(a) the Director; and
(b) up to 6 Board members (including the Chair and Deputy Chair).
Note: As a member of the governing body, the Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.
(2) The performance of a function or the exercise of a power of the Board is not affected by a vacancy in the membership of the Board.
Already the Ag people have been served notice I'm told, via the CAsA board, retract their criticism or face the wrath of CAsA.
(2) The Minister may terminate the appointment of a Board member if:
(a) the Board member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Board member:
(i) engages in paid employment that the Minister thinks is in conflict with the proper performance of the member’s duties; or
(ii) is absent, except on leave of absence granted under section 57, from 3 consecutive meetings of the Board; or
(c) the Minister thinks that the performance of the Board member has been unsatisfactory for a significant period of time; or
(d) the Board member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997.
(a) the Board member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Board member:
(i) engages in paid employment that the Minister thinks is in conflict with the proper performance of the member’s duties; or
(ii) is absent, except on leave of absence granted under section 57, from 3 consecutive meetings of the Board; or
(c) the Minister thinks that the performance of the Board member has been unsatisfactory for a significant period of time; or
(d) the Board member fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 27F or 27J of the Commonwealth Authorities and Companies Act 1997.
COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27F
Material personal interest--director's duty to disclose Director's duty to notify other directors of material personal interest when conflict arises
(1) A director of a Commonwealth authority who has a material personal interest in a matter that relates to the affairs of the authority must give the other directors notice of the interest unless subsection (2) says otherwise.
Penalty: 10 penalty units.
(1A) For an offence based on subsection (1), strict liability applies to the circumstance that the director of the authority has a material personal interest in a matter that relates to the affairs of the authority.
Note: For strict liability, see section 6.1 of the Criminal Code .
(2) The director does not need to give notice of an interest under subsection (1) if:
(a) the interest:
(i) arises in relation to the director's remuneration as a director of the authority; or
(ii) relates to a contract that insures, or would insure, the director against liabilities the director incurs as an officer of the authority (but only if the contract does not make the authority or a subsidiary of the authority the insurer); or
(iii) relates to any payment by the authority or a subsidiary of the authority in respect of an indemnity permitted under section 27M or any contract relating to such an indemnity; or
(iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a subsidiary of the authority and arises merely because the director is a director of the subsidiary; or
(b) all the following conditions are satisfied:
(i) the director has already given notice of the nature and extent of the interest and its relation to the affairs of the authority under subsection (1);
(ii) if a person who was not a director of the authority at the time when the notice under subsection (1) was given is appointed as a director of the authority--the notice is given to that person;
(iii) the nature or extent of the interest has not materially increased above that disclosed in the notice; or
(c) the director has given a standing notice of the nature and extent of the interest under section 27G and the notice is still effective in relation to the interest.
(3) The notice required by subsection (1) must:
(a) give details of:
(i) the nature and extent of the interest; and
(ii) the relation of the interest to the affairs of the authority; and
(b) be given at a directors' meeting as soon as practicable after the director becomes aware of his or her interest in the matter.
The details must be recorded in the minutes of the meeting.
Effect of contravention by director
(4) A contravention of this section by a director does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.
Material personal interest--director's duty to disclose Director's duty to notify other directors of material personal interest when conflict arises
(1) A director of a Commonwealth authority who has a material personal interest in a matter that relates to the affairs of the authority must give the other directors notice of the interest unless subsection (2) says otherwise.
Penalty: 10 penalty units.
(1A) For an offence based on subsection (1), strict liability applies to the circumstance that the director of the authority has a material personal interest in a matter that relates to the affairs of the authority.
Note: For strict liability, see section 6.1 of the Criminal Code .
(2) The director does not need to give notice of an interest under subsection (1) if:
(a) the interest:
(i) arises in relation to the director's remuneration as a director of the authority; or
(ii) relates to a contract that insures, or would insure, the director against liabilities the director incurs as an officer of the authority (but only if the contract does not make the authority or a subsidiary of the authority the insurer); or
(iii) relates to any payment by the authority or a subsidiary of the authority in respect of an indemnity permitted under section 27M or any contract relating to such an indemnity; or
(iv) is in a contract, or proposed contract, with, or for the benefit of, or on behalf of, a subsidiary of the authority and arises merely because the director is a director of the subsidiary; or
(b) all the following conditions are satisfied:
(i) the director has already given notice of the nature and extent of the interest and its relation to the affairs of the authority under subsection (1);
(ii) if a person who was not a director of the authority at the time when the notice under subsection (1) was given is appointed as a director of the authority--the notice is given to that person;
(iii) the nature or extent of the interest has not materially increased above that disclosed in the notice; or
(c) the director has given a standing notice of the nature and extent of the interest under section 27G and the notice is still effective in relation to the interest.
(3) The notice required by subsection (1) must:
(a) give details of:
(i) the nature and extent of the interest; and
(ii) the relation of the interest to the affairs of the authority; and
(b) be given at a directors' meeting as soon as practicable after the director becomes aware of his or her interest in the matter.
The details must be recorded in the minutes of the meeting.
Effect of contravention by director
(4) A contravention of this section by a director does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.
COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 27J
Restrictions on voting
Restrictions on voting and being present
(1) A director of a Commonwealth authority who has a material personal interest in a matter that is being considered at a directors' meeting must not:
(a) be present while the matter is being considered at the meeting; or
(b) vote on the matter.
Penalty: 5 penalty units.
(1A) Subsection (1) does not apply if:
(a) subsection (2) or (3) allows the director to be present; or
(b) the interest does not need to be disclosed under section 27F.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code .
(1B) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Participation with approval of other directors
(2) The director may be present and vote if directors who do not have a material personal interest in the matter have passed a resolution that:
(a) identifies the director, the nature and extent of the director's interest in the matter and its relation to the affairs of the authority; and
(b) states that those directors are satisfied that the interest should not disqualify the director from voting or being present.
Participation with Ministerial approval
(3) The director may be present and vote if they are so entitled under a declaration or order made by the responsible Minister under section 27K.
Effect of contravention by director
(4) A contravention by a director of:
(a) this section; or
(b) a condition attached to a declaration or order made by the responsible Minister under section 27K;
does not affect the validity of any resolution.
Restrictions on voting
Restrictions on voting and being present
(1) A director of a Commonwealth authority who has a material personal interest in a matter that is being considered at a directors' meeting must not:
(a) be present while the matter is being considered at the meeting; or
(b) vote on the matter.
Penalty: 5 penalty units.
(1A) Subsection (1) does not apply if:
(a) subsection (2) or (3) allows the director to be present; or
(b) the interest does not need to be disclosed under section 27F.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A), see subsection 13.3(3) of the Criminal Code .
(1B) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Participation with approval of other directors
(2) The director may be present and vote if directors who do not have a material personal interest in the matter have passed a resolution that:
(a) identifies the director, the nature and extent of the director's interest in the matter and its relation to the affairs of the authority; and
(b) states that those directors are satisfied that the interest should not disqualify the director from voting or being present.
Participation with Ministerial approval
(3) The director may be present and vote if they are so entitled under a declaration or order made by the responsible Minister under section 27K.
Effect of contravention by director
(4) A contravention by a director of:
(a) this section; or
(b) a condition attached to a declaration or order made by the responsible Minister under section 27K;
does not affect the validity of any resolution.
Although Creamy quite often mocks the Coalition policy on extending the numbers of the board, this policy is all but been enacted. It would be a suicidal Minister that would then allow the old board (with an obvious axe to grind) to carry out a personal vendetta against a submitter to a policy (the WLR) that his party & current govt had instigated.
However if that does indeed happen then I suggest we start discussing some of those REVOLTING ideas floating around...260+ submissions probably represent a very large majority of the industry don't you think..
Link for the amended Act: Civil Aviation Act 1988, No. 63, 1988 as amended
Compilation start date: 9 April 2014
Includes amendments up to: Act No. 27, 2014
Last edited by Sarcs; 31st May 2014 at 23:37.
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Cheers HSW, now in the spirit of further good discussion
Could you please tell us how many ICAO upgrades to category 1 status Pat has managed and the number of ICAO audits his work has survived? Please note, I am not knocking the gentleman not at all, but I don't know the answer. The reason I question is that I think it's important to accept that Australia is a good bet to cop some heavy duty incoming international flack.
The WLR has woken the world and it's wife to the pitiful condition Australian aviation oversight and management is in. Any candidate who has not got the runs on the board, at top level, cannot 'hit the ground running' and with the best of intentions may become a liability, rather than an asset. We are IMO mired deep in the clarts and in dire need of some serious international experience in restructuring and changing of 'culture'. It's a hell of a task.
-...Anyone who is not a 'name' and cannot immediately 'relax' the ICAO, CAA, FAA etc watchdogs is in for a very bumpy ride indeed. Of all the decisions W. Truss Esq. has ever made or is likely to make; his selection of the new DAS will be the most critical and must be correct. I just get the feeling we are playing for keeps this time and industry expectations are high.
HSW # 13 –"I would like to see Pat Murray return."
The WLR has woken the world and it's wife to the pitiful condition Australian aviation oversight and management is in. Any candidate who has not got the runs on the board, at top level, cannot 'hit the ground running' and with the best of intentions may become a liability, rather than an asset. We are IMO mired deep in the clarts and in dire need of some serious international experience in restructuring and changing of 'culture'. It's a hell of a task.
-...Anyone who is not a 'name' and cannot immediately 'relax' the ICAO, CAA, FAA etc watchdogs is in for a very bumpy ride indeed. Of all the decisions W. Truss Esq. has ever made or is likely to make; his selection of the new DAS will be the most critical and must be correct. I just get the feeling we are playing for keeps this time and industry expectations are high.
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In answer to your primary question Kahron, I don't know either, but I do recall he was an excellent statesman and had very good relationships with industry. A quiet achiever, if you will, exhibiting genuine 'followership' rather than demanding conformance from inferred leadership.
On the concept of a quiet achiever, I'm not 100% convinced that a 'name' is the answer. I hear what you're saying about international 'comfort', but a name is just a 'brand' and a brand needs to be of robust depth and quality beneath its facade to last the vagaries of the market (the industry in this case).
Sadly, many of the 'names' in aviation have got there by simply having 'more front than Myers', but when tested they come up wanting.
On the concept of a quiet achiever, I'm not 100% convinced that a 'name' is the answer. I hear what you're saying about international 'comfort', but a name is just a 'brand' and a brand needs to be of robust depth and quality beneath its facade to last the vagaries of the market (the industry in this case).
Sadly, many of the 'names' in aviation have got there by simply having 'more front than Myers', but when tested they come up wanting.