[Peetwo]

Under the cover of COVID-19: Dr A response -  

Reference from 21/02/20 - 50 days ago before all hell broke loose with COVID19:

Ref: Strict liability, strictly enforced. & http://auntypru.com/a-cabaret-in-the-temple-of-doom/


Prima facie; primarily facile, or Piss take?

“Accepted as correct until proved otherwise”. A perfect, nutshell description of the regulatory process. We, in Australia have paid for and sat (miserably) through many ‘Senate Inquiries’ into the antics of the ‘regulator’ – CASA, despairing of the questions asked. I’d even bet we hold a world record for the sheer volume of questions asked and answers given; (word count beyond human understanding) - non of which have made the slightest bit of difference as the wider aviation businesses, medium to light weight operations devolve into isolated cottage industries. Well all except for the huge, profitable ‘sausage factories’ that is; churning out ‘qualified’ clones of some scripted qualification regime which ensures all the boxes are ticked – nice and legal like. Which is fine until the airline HR model is hired and the cost of ‘training’ a clone to ‘do the job’ is passed on through exorbitant regional airfares. Why is this so? A question any reasonable man )yes, yes or woman( - Uhmm-  (human being) may ask. Phew.

Many believe it has to do with ‘the regulatory burden’. To a point, there is a case to answer on that score. The three decade endless ‘change’ has not, not by any measure, fiscal or operationally been a stellar success. Why is this so?



Well, we dragged P2 out of the deep basement shredder bins, brushed him off and retrieved his find; slightly mangled but nonetheless readable for all that. He toddles off to share his Choc Frog with his best mate (a rabbit he rescued – long story don’t ask) leaving us with the gubbins. 

“Senate standing order 23(4) also requires the committee to scrutinise each instrument to determine whether the attention of the Senate should be drawn to the instrument on the ground that it raises significant issues, or otherwise gives rise to issues that are likely to be of interest to the Senate”.

Agency engagement. 4.2 The committee is engaging with the relevant agencies via its secretariat to seek further information about potential scrutiny concerns raised by the instruments listed below.

> Terms of reference

> The committee's scrutiny principles are set out in Senate standing order 23(3) which requires the committee to scrutinise each instrument as to whether:

> (a) it is in accordance with its enabling Act and otherwise complies with all legislative requirements;

> (b) it appears to be supported by a constitutional head of legislative power and is otherwise constitutionally valid;

> © it makes rights, liberties, obligations or interests unduly dependent on insufficiently defined administrative powers;

> (d) those likely to be affected by the instrument were adequately consulted in relation to it;

> (e) its drafting is defective or unclear;

> (f) it, and any document it incorporates, may be freely accessed and used;

> (g) the accompanying explanatory material provides sufficient information to gain a clear understanding of the instrument;

> (h ) it trespasses unduly on personal rights and liberties;

> (i) it unduly excludes, limits or fails to provide for independent review of decisions affecting rights, liberties, obligations or interests;

> (j) it contains matters more appropriate for parliamentary enactment; and

> (k) it complies with any other ground relating to the technical scrutiny of delegated legislation that the committee considers appropriate.

Blind Freddy (G’day mate) can see the potential here for serious questions to be asked by  ‘the committee secretariat’. But it all turns to worms when :-“Seeking advice from the agency” is the response of choice. Then, it all gets to be a little ‘circular’. For example:-

Aviation Transport Security Amendment (Security Controlled Airports) Regulations 2019 [F2019L01656]

Principle (g) adequacy of explanatory materials
Principle (h) privacy
Principle (k) parliamentary oversight
Seeking advice from the agency.

Or:-

>Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 [F2019L01621]
Principle (i) availability of independent review
Principle (h) reversal of evidential burden of proof
Principle (h) privacy
Seeking advice from the agency.



Principle (h) - reversal of evidential burden of proof. Consider the ridiculous proposition posed. In all ‘criminal’ cases (real ones) as defined, the burden of proof falls where? Mens Rea and all that – denied, without a whimper from the protectors of democracy? WTD. Then, they refer it back to the agency ‘for advice’. Gods spare me…

Principals’ (i) through (h) as they relate to CASA enforcement demand immediate attention and close scrutiny – followed by immediate bipartinsane repeal. Unconstitutional? – Just a bit. Should the Senate ever want to resolve and save the time and money an Inquiry costs – perhaps they could just consider the outrage they’d feel at being guilty – without hope of defence for a misdemeanour? Even a clerical error or anything else CASA choose to whip up into a case against; – presented in the AAT – without the rules of evidence the police must rely on to prosecute? Not bloody funny. And yet here we are again – “seeking advice from the agency”. “Did you rob the bank?” – “Oh no M’lud was two other fellah’s”.  “Fair enough – off you go then”.

Question without notice Madam Chair – What exactly do you expect in response to your question – “to the Agency”. I suggest you refer to the 9,000 odd answers provided by ‘the agency’ for a quick answer. It’s like watching a duckling Ping-Pong match. The committee Pings it to the agency – they Pong it back. No one even considering the travesty inflicted on the ‘rule of law’ – which by the way - Parliament enshrined in our democracy. Want to know why the aviation industry is hacked off and scared to speak out? See the explanation – above.

Chair – So Doctor Aleck, do you think it is reasonable to give Bloggs a criminal record, which will affect his future career for making an arithmetical error on the technical log?

Lost Marbles – “Oh yes Madam chair” – “Safety is our prime concern”.  “He may pay the fine and forget the matter entirely; but we will keep the offence on record and will use it as ‘background’ to prove him not able to be rehabilitated and to pad our ‘catch rate’ of these offenders, committing heinous crimes against my tricky one way rules.”

Aye, just when you thought here was a beacon of hope, you discover the Senate oversight of our civil liberties, under homemade law rely on the ‘advice’ of those who penned the law; now under Senate ‘scrutiny’. Brilliant; stellar, world class – how ducking spectacular.

This brings me back to the "K", understandably pessimistic, concern that the SDL committee is 'Seeking advice from the agency'??   

In fact I have it from the Horse's mouth (ie the committee Secretariat) that the agency concerned (ie CASA) will be obliged to respond to the committee with a 'please explain' why it is necessary for there to be 'strict liability' provisions imposed on those particular CASR Parts (Parts 103, 105 and 131) and also the committee's concerns with the delegated legislation..

...unduly excluding, limiting or failing to provide for independent review of decisions affecting rights, liberties, obligations or interests...

...so this is what Dr Jonathon (I've lost my marbles) Aleck will actually have to respond to when addressing the committee's concerns: 

Reference - https://www.aph.gov.au/Parliamentary_Bus...Guidelines

Six days after I made the above post ScoMo declared the COVID-19 virus had 'pandemic potential' and set about putting in place a COVID-19 emergency plan: ref - https://www.abc.net.au/news/health/2020-02-28/what-coronavirus-emergency-plan-means-for-you/12010056

 Amid fears the coronavirus outbreak will soon be declared a global pandemic, the Australian Government has pulled the trigger on its emergency response plan and is now operating on the basis the virus is a pandemic.

Meanwhile in Aviation Hearse Dr A was (fill in the blank) still working on; suddenly felt inspired to start working on; put the final touches on his response; to the..SENATE STANDING COMMITTEE FOR THE SCRUTINY OF DELEGATED LEGISLATION's..concerns for...Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 [F2019L01621] ??

According to the last SDL DLM, 13 days after ScoMo announced the Govt's emergency response plan for COVID-19, Dr A sent his response to the committee's concerns and committee subsequently accepted that response -   

Ref page 12: 

Concluded following response from the agency on 10/03/2020.

Hmmm...dodgy? 

More curious now I decided to actually have a look at the actual amendment (see link above). This was when I realised that the amendment to those particular Parts is actually a enabler to align the Parts for applicable administration under the now in force Part 149 ie approved Authorised Self Administrating Aviation Organisations.

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Ref: http://auntypru.com/and-thus-i-clothe-my...-villainy/ & Duck 149 a catalyst perhaps? & https://auntypru.com/may-the-fool-ask-a-question/

 

 

  

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 Hint: Given the bone of contention 'Duck 149' has created in several Senate RRAT committee outings, would it not now be wise for the good committee to request a copy of the Dr A response to the Senate SDL committee? Either that or perhaps Sic'em'Rex could put in a well worded FOI request for the document, after all what would the CASA LSD head Dr A possibly have to hide? -   

MTF,,,P2