First principals Clarice.
Scrutiny of Delegated Legislation Committee and their important work. It probably seems unimportant to many, dry as dust to others and beyond the understanding of the mere mortals affected by 'the Rools'. But its not - it is a committee vital to rescuing aviation from not only an appalling set of rules, but also for releasing industry from 'fear' of taking on CASA in a court, or in the workplace.
Principle (a) compliance with authorising legislation
Principle © conferral of discretionary powers
Principle (h) reverse evidential burden of proof
Principle (j) matters more appropriate for parliamentary enactment
The principals stated above have IMO been severely compromised within the aviation Acts and operational law. There is no better example of this than the long list of ICAO differences on record. There is also just a whiff of outright disregard for the base tenets under which CASA authorised to operate.
Firstly, CASA are only empowered by the Commonwealth to 'administer' a rule set which complies with the ICAO - nothing else. That is the only 'brief' the Commonwealth can enforce. For many reasons consecutive governments and responsible ministers have failed to keep CASA 'honest'. Many reasons for this - few excuses, and a history which supports this as fact.
Discretionary powers - another area where liberties and a creeping take over have occurred. Bit by bit - this power has been abused. Parliament cannot possibly deal with every minor adjustment to aviation law; and, quite rightly - in principal - they should be able to rely on the 'administrator' to operate within their remit and trust in that notion. Cats away - what do you reckon the mice are doing?
Reverse evidential burden of proof. This is the one that gets me going - every time. It needs to be eradicated. This abomination has been slid in under the very nose of our parliamentarians; and, allowed to become the 'norm' due to shiftless, lazy, incompetent ministers. Time to revert to the 'Rule of Law' not the amplified, often hysterical haystack of words CASA use to retain fear and control.
"The legal principle placing the burden of proof on accusers rather than the accused can be traced back to Second and Third Century Roman jurist, Julius Paulus Prudentissimus. Yet, this ancient concept, which forms the legal and moral cornerstone of the American judicial system, is quickly being undermined in the name of 'national security."
The last principal is a delicate matter of balance and resource. It costs a small fortune to run the parliament and its fair to say that much aviation law, particularly of the ICAO type does not require a debate involving both houses. Once the 'principals' have been agreed - like compliance with ICAO - then the parliament should be able to sit back and rely on the administrator. That's where, for aviation at least, the wheel comes off and the cart collapses. What has occurred over the past decades is so far removed from parliaments good intentions and trust beggars belief.
But you may believe it - our hope must lay with the SDL committee - if they can return aviation law to ICAO compliance and first principals; they will have done very well for this land. So, fingers crossed then for our delivery from a power mad, out of control administration which is has slithered it's way beyond the reach of the law, parliament and the poor sod who has to rein them in. Make no mistake - someone has to draw a line and regain control.
Tout de suite and the tooter the sweeter.-
Scrutiny of Delegated Legislation Committee and their important work. It probably seems unimportant to many, dry as dust to others and beyond the understanding of the mere mortals affected by 'the Rools'. But its not - it is a committee vital to rescuing aviation from not only an appalling set of rules, but also for releasing industry from 'fear' of taking on CASA in a court, or in the workplace.
Principle (a) compliance with authorising legislation
Principle © conferral of discretionary powers
Principle (h) reverse evidential burden of proof
Principle (j) matters more appropriate for parliamentary enactment
The principals stated above have IMO been severely compromised within the aviation Acts and operational law. There is no better example of this than the long list of ICAO differences on record. There is also just a whiff of outright disregard for the base tenets under which CASA authorised to operate.
Firstly, CASA are only empowered by the Commonwealth to 'administer' a rule set which complies with the ICAO - nothing else. That is the only 'brief' the Commonwealth can enforce. For many reasons consecutive governments and responsible ministers have failed to keep CASA 'honest'. Many reasons for this - few excuses, and a history which supports this as fact.
Discretionary powers - another area where liberties and a creeping take over have occurred. Bit by bit - this power has been abused. Parliament cannot possibly deal with every minor adjustment to aviation law; and, quite rightly - in principal - they should be able to rely on the 'administrator' to operate within their remit and trust in that notion. Cats away - what do you reckon the mice are doing?
Reverse evidential burden of proof. This is the one that gets me going - every time. It needs to be eradicated. This abomination has been slid in under the very nose of our parliamentarians; and, allowed to become the 'norm' due to shiftless, lazy, incompetent ministers. Time to revert to the 'Rule of Law' not the amplified, often hysterical haystack of words CASA use to retain fear and control.
"The legal principle placing the burden of proof on accusers rather than the accused can be traced back to Second and Third Century Roman jurist, Julius Paulus Prudentissimus. Yet, this ancient concept, which forms the legal and moral cornerstone of the American judicial system, is quickly being undermined in the name of 'national security."
The last principal is a delicate matter of balance and resource. It costs a small fortune to run the parliament and its fair to say that much aviation law, particularly of the ICAO type does not require a debate involving both houses. Once the 'principals' have been agreed - like compliance with ICAO - then the parliament should be able to sit back and rely on the administrator. That's where, for aviation at least, the wheel comes off and the cart collapses. What has occurred over the past decades is so far removed from parliaments good intentions and trust beggars belief.
But you may believe it - our hope must lay with the SDL committee - if they can return aviation law to ICAO compliance and first principals; they will have done very well for this land. So, fingers crossed then for our delivery from a power mad, out of control administration which is has slithered it's way beyond the reach of the law, parliament and the poor sod who has to rein them in. Make no mistake - someone has to draw a line and regain control.
Tout de suite and the tooter the sweeter.-