What this section of our site is about.
You only need to check some of our reporting of regulatory affairs up to now. Our articles continue to catch the attention of irate individuals and groups, including some we’ve never even heard of before, and we seem to have become a catalyst whenever somebody feels they’ve been victimised by abuses of regulatory authority.
Over the years and through several changes of management, industry/regulator relations have shifted back and forth between tolerable during Bruce Byron’s tenure to completely unacceptable before and after that time.
Symptoms have included, in no particular order:
- Endemic resistance to reform including apparent contempt for various obligations under the Act and regulations; ministerial charter letters, stated government policy, executive directives, internal guidelines and procedure manuals, and the concepts of natural justice, procedural fairness, the rule of law, and duty of care;
- The frequent avoidance of due legal processes in favour of the abuse of delegations by the application of administrative decisions;
- Deliberate or negligent misinterpretation of the above directives, policies and guidelines;
- Glaring inconsistencies in the interpretation and application of rules, regulations and policies;
- A management style which is the despair of employees and industry alike;
- The apparently increasing use of consultancies to carry out tasks which are clearly the duties of a regulator, often including former employees, and lack of transparency in the appointment and management of such consultancies;
- Absence of initiatives on the part of various levels of management, to identify and correct all these deficiencies.
And this is coming not only from CASA victims, but also from angry people within the organisation.
Although ProAviation does not make undocumented allegations, the reader may gain some understanding of the issues which are concerning so many people, by reading recent posts in an Internet forum known as PPRuNe (Professional Pilots Rumour Network) See http://www.pprune.org/dunnunda-godzone-pacific-24/.
At least two vociferous groups are, in effect, now demanding that the organisation be literally dismantled and rebuilt from the ground up, and are developing strategies to make that happen.
That’s virtually what occurred in New Zealand. It worked – up to a point – and unless CASA management changes direction it now seems bound to happen here.
The more input we receive, the wider and more concerning the situation appears to be, and ProAviation has agreed to play a part by documenting and reporting on events that are causing recreational and professional aviators, service providers and operators such unnecessary, unjustifiable, and unconscionable harm.
Our guidelines will be:
- Incidents we report on will not accuse anybody of any specific transgression; they will simply recount events, and allow readers to draw their own conclusions;
- Some of these incidents will be old, and some new. Most of the older events will be recounted because they are unresolved, and because the people who have done the harm are still employed by the regulator;
- All assertions will be supported by documentation, normally by a footnote referring the reader to an appendix containing the relevant document. These would be available for downloading from our site in PDF format.
- Much of the wisdom of the various contributors to this forum will be drawn upon, and anybody is welcome to suggest additional guidelines; and
- Analysis of particular cases will not directly debate the merits of individual matters, which even lawyers can’t agree on, but will record the actions, decisions and writings (where available) of CASA and its officials and analyse their degree of compliance with the Act and regulations, the CASA Compliance & Enforcement Manual, various CASA claims such as those relating to the “model litigant” concept, Ministerial and (former) executive directions, available legal advice, and (anything else anybody can suggest.) It will also highlight identified apparent breaches.
- Separately, we will regularly publish questions that need to be asked by parliamentarians and the media.
- Where an article on a particular issue is planned it will be provided to CASA by e-mail 24 hours in advance of publication to give our safety specialists an opportunity for comment, in the absence of which it will be published at the end of the 24-hour period. In this regard we have adopted a practice similar to one already pioneered by CASA.
ProAviation will cease publishing this material and erase this whole section when the problem is solved.
- Trust restoration checklist An impressive number of industry’s elder statesmen attended the rally at Tamworth on May 6, and witnessed the growing concern that only deeds, not words, can set aviation back on the long track towards a restoration of some of the mutual trust that has been squandered over…
- A chain of events that competent, responsive and honest management could clearly have prevented, ended in the grounding of about 65% of Australia's general aviation fleet in December 1999; most of them for almost four months. In-house Civil Aviation Safety Authority documents show that CASA ignored important industry input and…
- Comment - Paul Phelan, April 24 Minister for Infrastructure and Regional Development Warren Truss has provided an interim Statement of Expectations to the not-quite-finalised CASA Board, effective until June 30, 2017. A ring-around industry sources found everybody frankly pretty cheerless about the apparent lack of any urgency on some of…
- An impressive number of industry’s elder statesmen attended the rally at Tamworth on May 6, and witnessed the growing concern that only deeds, not words, can set aviation back on the long track towards a restoration of some of the mutual trust that has been squandered over the past 26…
- The office of the Australian Information Commissioner has served notice on CASA under s 54V of the FOI (Freedom of Information) Act, requiring the regulator to re-conduct a previously requested search for documents, and specifying that it "fully document that search." The FOI request had been lodged by Mr Shane…