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-   -   Did Barrier get their AOC back? (https://www.pprune.org/pacific-general-aviation-questions/512232-did-barrier-get-their-aoc-back.html)

curiousflyer 10th Apr 2013 07:52

Did Barrier get their AOC back?
 
Couple of BA aircraft moving around in Darwin last week and a couple of boys walking around outside the office. Did they have some success in the end with CASA and/or the tribunal? Their website is still up offering services.

Haven't seen anything on here about it though....

717tech 10th Apr 2013 09:05

Their AOC was cancelled, but that probably can't stop them flying their fleet privately? Thought I saw some movement in Cairns the other day too...

falconx 10th Apr 2013 09:13

Been doing quite a few CAirns, Gove,Darwin runs

curiousflyer 10th Apr 2013 09:23

falconx, so they are operating again or were they just bringing some planes home?

RR69 10th Apr 2013 09:34

JFC out of ypjt is looking at trying to get them up and running again Owner & CP were up there last week. CP did bring back a 402 for DE.

Horatio Leafblower 10th Apr 2013 11:06

CAO 82.1 says that somewhere under "Borrowed Certificates"

dibloc 10th Apr 2013 11:24

I think a 310 is currently cross hired by a private operator out of DN.

my oleo is extended 10th Apr 2013 12:36

No. The AOC remains deep within the bowels of CAsA's giant shredder. The AOC is now part of history. The day the AOC was cancelled is the day Barrier died. Sorry lads.

601 10th Apr 2013 22:45


CAO 82.1 says that somewhere under "Borrowed Certificates"
From CAO 82.1


3 Conditions relating to ―borrowed‖ certificates
3.1 Each certificate authorising charter or regular public transport operations is subject to the condition that its holder (“the AOC holder”) must not, without the prior written approval of CASA, enter into an arrangement with a person whose certificate is suspended or cancelled (“the other person”) under which the AOC holder agrees:
(a) to use, in any operation covered by the AOC holder’s certificate, any
aircraft that the other person was authorised to operate under the
certificate that is suspended or cancelled; or
(b) to use, in connection with any operation covered by the AOC holder’s
certificate, any person employed or engaged by, or otherwise working
for, the other person in connection with any operation covered by the
certificate that is suspended or cancelled; or
(c) to conduct any operation, or any part of an operation, that the other
person intended to conduct under the certificate that is suspended or
cancelled.
Does anyone really think that CASA is going to give written approval.

I am afraid that oleo is correct.

curiousflyer 10th Apr 2013 23:41

The Darwin office might give approval. I know those blokes disagree with the decision to cancel the AOC in the first place. They had a really good relationship with BA.

Mind you, I think it might be like raising the dead. Don't know how they are able to continue right now.

outnabout 11th Apr 2013 01:16

What a bastardised system it is, if one office can take away an AOC, and another office OF THE SAME AGENCY has the power to restore it. Seriously, folks, that's just :mad:....

On the other hand, I hear our good friends are currently in Broome.

Kunners, Darwin, now Broome - is Jandakot, Gero, Alice or Kal next?

Creampuff 11th Apr 2013 03:01

You’ve misunderstood the discussion. It’s not about one office giving back an AOC taken from an operator by another office.

It’s about an operator, who doesn’t have an AOC, conducting operations under the authority of someone else’s AOC. That someone else has to get approval from CASA to do that, and takes on responsibility for the lot. Complicated and risky, for obvious reasons...

outnabout 11th Apr 2013 04:24

My mistake, Creampuff.

The post above by Curiousflyer suggests, to me, that Darwin CASA are rumoured to be looking at re-storing BA's AOC - not how BA can operate under another AOC.

my oleo is extended 11th Apr 2013 04:34

CAsA has always been a divided entity. What you will find is their are some CAsA employees in DRW and possibly CNS who liked BA and found them easy enough to get along with, for better terms. Then you will have the other CAsA people who thought BA was pooh an wanted them assigned to the history pages.
In a situation such as this it is easy to find out CAsA's motives if you know all the players involved and their extensive histories.

As with any game of smoke n mirrors, things are not always what they appear to be.

601 11th Apr 2013 06:17


CAsA has always been a divided entity.
And it is getting worse:ugh:

717tech 11th Apr 2013 07:39

Could other companies simply cross hire BA aircraft?

RR69 12th Apr 2013 04:23

Operating under JFC's AOC at the moment, great to see they've been thrown a bit of a lifeline by the looks, and JB will look after them, maybe in more ways than one ;)

ContactMeNow 12th Apr 2013 04:33


JFC out of ypjt is looking at trying to get them up and running again Owner & CP were up there last week. CP did bring back a 402 for DE.
The owner of said C402 belongs to a LAME out of YPJT - he cross hires them out all over Oz (Broome, Jandakot and Cairns). So with no hours being put on it, it makes sense to cross-hire it out to another compnay.

Several years ago JFC did cross hire out one of DE's C402s, but that friendship fell apart when it came time to pay the bills.

I would doubt CASA will allow JFC to conduct operations in QLD under the JFC AOC. But there isn't anything stopping JFC to buy Barrier.

CMN :E

max1 12th Apr 2013 07:26

Divided safety entities with short term, self absorbed, numpties at the top create 3 categories of employees and it is akin to a war situation.

1. Collaborators- those who believe that the new regime is here to stay and see a personal benefit in collaborating. These are the most dangerous and devious. It is the 'me' crowd.
2. The Occupied- those who are just trying to survive the current regime and hope for a return to normalcy.
3. The Resistance - those who are still fighting for what is right. They may, on the surface, resemble collaborators or the occupied, but are working behind the scenes. They need to be clever and keep their heads down.

Overt Resistance fighters are also known as terrorists by the incumbents. They don't last long. Internal mechanisms, designed to protect the organisation, like Codes of Conduct, Values, are unleashed to neuter and marginalise these people.

owen meaney 12th Apr 2013 09:07

Max1
there is another group, those that accept the change is here and working with industry to ensure we get heard.

Two_dogs 12th Apr 2013 11:52


I would doubt CASA will allow JFC to conduct operations in QLD under the JFC AOC. But there isn't anything stopping JFC to buy Barrier..
If JFC cannot operate in QLD under their own AOC, why would they buy Barrier, they don't have an AOC to operate under.

RR69 13th Apr 2013 03:49

I think you'll find CASA are currently allowing Barrier to operate under the JFC AOC and that the CP will be up in Darwin and Cairns over the next couple of weeks getting the guys all checked and good to go.

outnabout 16th Apr 2013 23:41

Borrowed AOC or operating as a division of.....
 
JFC operating Barrier's fleet from Barrier's premises under a new name..

Wrightsair at William Creek advertise on their website as

Wrightsair, The Lake Eyre Scenic & Charter Flight Specialist: A division of Freycinet Air

So what's the difference between a borrowed AOC, and "operating as a division of"?

As an aside, at the same time, on CASA's safety material, Trevor Wright is promoted as Chief Pilot, Wrightsair - which I am not sure how he could be if Wrightsair are a division of Freycinet Air? Perhaps CASA's left hand doesn't know what it's right hand is doing? (Not having a go at Wrightsair or JFC, just trying to get my head around how the rules & regs work).





601 17th Apr 2013 00:25


I would doubt CASA will allow JFC to conduct operations in QLD under the JFC AOC.
Since when did an AOC become State or region specific.

It does not matter where an AOC is based or in which region their AOC is administered by their friendly FOI. An AOC Holder can operate within Australia. I cannot recall seeing an AOC restricted to a specific area within Australia.


Wrightsair, The Lake Eyre Scenic & Charter Flight Specialist: A division of Freycinet Air
From a search of CASA AOC data base neither Wrightsair nor Wrightsair Pty Ltd appear to have a current AOC.

From reading the Wrightsair web site I would conclude that Wrightair is a "Scenic Flight Specialist" and that it is a division of Freycinet Air.

However a search of business names does not bring any results for Freycinet Air. But there is a company in the name of Freycinet Air Pty Ltd which is the holder of an AOC VT559856.

On the Freycinet Air there is a link to Wrightsair.

Does the Freycinet Air Pty Ltd AOC show the trading names of Wrightsair and Freycinet Air?

So who is the CP of Freycinet Air Pty Ltd and is he/she based in William Creek or Coles Bay in Tasmania?

outnabout 17th Apr 2013 01:23

Freycinet Air (on their website) advertise only have 172s available for charter.

Wrightsair (on their website) advertise 172s, 182s, Airvans, 207s, 210s and an twin engine Aerostar.

Good luck to them...

seneca208 17th Apr 2013 01:34

I think Wrightsair operate under the 'Opal Air' AOC. I could be wrong however.

601 17th Apr 2013 05:07


I think Wrightsair operate under the 'Opal Air' AOC
OPAL AIR is the trading name of LA & AM Mathews Pty Ltd that was formerly Opal Air Pty Ltd.

aroa 17th Apr 2013 05:28

AOCs and...
 
"Since when did an AOC become State or region specific " 601

It happens when some CASA bum thinks it might suit his purpose. Its on the CASA logo,"Any old bull**** will do !"

Had this issue twice....1. You need an INTRAstate licence to do jobs outside QLD. ? Que ? Non passenger carrying op. Transport Qld said Really.. are you an airline? And we had a good laugh.

2 When operating in WA that was deemed to be too far away for the CP, AOC QLD...said CP based in NT.. to monitor the op.
Funny that,,competitor company AOC and CP in WA had no prob operating anywhere in OZ. Mmmmmm.
Another CASA trait..Inconsistency. Different strokes for different folks.
Where do they get these ignorant "make-it-up" merchants from.? :mad:
Dont ask and I wont say. :mad:

megle2 17th Apr 2013 09:18

This is getting interesting, none of us seem to be able to work out who operates under who's AOC. From where I sit it doesn't appear casa knows either

aroa 17th Apr 2013 12:45

confused....
 
TWO other things that CASA is confused about too....
AR$E--- ELBOW.:eek:
:mad:

DirtyDash 25th Apr 2013 06:27

First post :) The other night we overheard a barrier 172 heading into cairns trying to conduct various approaches. However, we were not quite as busy as this person seemed to be. I only picked up little of what was going on (or rather not happening). We did think to ourselves here we go again. I used to hear the plane doing scenics out of cairns so maybe they're doing training in cairns again. The only thing worse than ****y equitpment is strugglers. Quite surprised the instructor did not take over.

Dirty Dash

megle2 25th Apr 2013 08:43

DD looks like your a bit of a struggler also. Seems to have been a struggle to put up a decent first post. You can do better than that!

Arnold E 25th Apr 2013 09:51


The only thing worse than ****y equitpment is strugglers
Oh! excuse me your great magnificence.:rolleyes:

Flying Bear 26th Apr 2013 06:53

I believe they are up and running again this week - borrowed AOC I suppose (Jandakot Flight Centre) - so ops normal as they work their way back under the stewardship of DK and the supervision of an organisation in Perth.

I assume that CASA is getting the outcome they are after, as they must have approved Barrier to operate with JFC in writing. The concept of the borrowed AOC seems to be becoming more and more prevalent (ie AV8 and QAS in Darwin, Barrier and JFC in Cairns/Darwin - Torres and Gove to come? - just to list two).

Just not sure what fewer AOCs but same number of operators is supposed to achieve, unless it is a way to keep industry alive with the smaller operators not having to work their way through the roll out of all the new CASRs by being "grandfathered" by some larger companies, but this seems contrary to the intention...

Cirronimbus 26th Apr 2013 08:27

Borrowing an AOC? If any operation is not good enough to operate under its own AOC, how does 'borrowing' someone else's AOC change things?

Operating under someone else's AOC still did not seem to help AV8 (if it really has closed). What is the point? Shifting responsibilities of the operator or the regulator?

Lasiorhinus 26th Apr 2013 09:16

Doesn't matter who's AOC you're operating under if you run out of money.
Av8, DirectAir, Ansett...

thorn bird 27th Apr 2013 07:39

There you go..
See CAsA...knock us down...and another will rise up
Make peace with the industry..you cant win!!

Sarcs 28th Apr 2013 11:20

How thing’s have changed….NOT!
 
Some quotes from a Paul Phelan article called A skilfully mismanaged stuffup(my bold).

“Most of the documentation of these events would never have surfaced, had the affected operator not dug its heels in and fought for their release. Uzu Air’s friends, as well as many of its commercial rivals, were united in their belief that these events represented an ongoing threat to the orderly conduct of aviation, and ultimately a negative impact on air safety. They also observed that CASA had developed a tactic to subvert the Administrative Appeals Tribunal (AAT) process, by cynically sheltering behind Section 9A of the Civil Aviation Act. That belief has been strengthened many times since the Uzu Air debacle.”

“Jan 20 99: Uzu filed a notice of application for review of the CASA decision to suspend its AOC, claiming that the Authority had acted ultra vires (outside its legislated authority); breached rules of procedural fairness and natural justice; failed to provide adequate reasons for the decision; misapplied administrative principles, and ‘failed to correctly interpret and apply the law.’ ”

Sounds oh so familiar, read it and weep!:{

Sounds oh so familiar, right or wrong operators/pilots deserve 'due process' and 'natural justice'. However FF still believe they're above the 'rule of law' and until industry unites to say enough is enough the longer the strangulation of a once vibrant industry will continue!:yuk::yuk::ugh:


ps Noticed BASI weren't afraid to call FF out back then for telling/insinuating untruths about a pending prelim report...sheesh FFS these days we've got ATSBeaker sitting on the lap of Fort Fumble..'God help us!'

anothertwit 28th Apr 2013 11:43


Sounds oh so familiar, right or wrong operators/pilots deserve 'due process' and 'natural justice'. However FF still believe they're above the 'rule of law' and until industry unites to say enough is enough the longer the strangulation of a once vibrant industry will continue!
Can I get an Amen!

Kharon 28th Apr 2013 20:39

Posted by Onslope on the GA meeting thread. Food for Barrier thought - maybe.


ADMINISTRATIVE APPEALS TRIBUNAL)
No N2000/1697 GENERAL ADMINISTRATIVE DIVISION )
Re SYDNEY HARBOUR SEAPLANES PTY LIMITED
Applicant
And CIVIL AVIATION SAFETY AUTHORITY
Respondent

39. In reaching these conclusions about the scope of its review the Tribunal also wishes to express its sense of disquiet and frustration about the way in which it has been asked to determine this matter. It is quite remarkable that the respondent's own legal advisers seem to have been so ill-informed about the status of the regulatory framework applying to the issue of the AOC for the applicant that as late as 15 January 2001, when the respondent filed its detailed written submissions, no mention was made of Civil Aviation Amendment Order (No.20) 2000. It would seem that this particular CAO was only discovered through the diligence of the applicant's legal advisers - a discovery which as has been noted was only drawn to the attention of the Tribunal on 18 January 2000 after all of the evidence had been heard and in the course of closing oral submissions.

The Tribunal has no doubt that the applicant must have been prejudiced in the way in which it presented its case by these actions of the respondent. They are not the actions of a model litigant, nor those of a regulatory body which appears well-informed concerning the way in which its own senior officials exercise their very extensive delegated powers.
8 February 2001




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