[Peetwo]

Sandy, with respect, section 4 - regulatory approach, para 2, second sentence covers your concerns: " Safety management requires a systems-based approach, including risk based and evidence driven decision making by CASA (including well documented safety cases) as well as industry."

CASA is no longer permitted to shoot from the hip. There is also an ICAO manual on how to do "risk based and evidence driven.".

That would cover Jabiru, Bristell and Angel Flight cases in my opinion.

It might be a new experience for some to have to collect and analyze evidence.

Wombat I beg to differ because the Act, and BJ’s SOE refers, maintains the prime instruction that safety is the highest priority. Therefore the SOE is really only giving hints about looking to risk, getting flying training out to the regions, reducing costs and the regulatory burden. It’s only a couple of years since the Government amended the Act asking CASA to consider the costs to industry. What reforms have occurred to make any difference to GA viability?

Facts are there are signs of what should be reformed but no specific reform measures with action timelines. It’s as though the SOE considers areas of reform but fails to resolve the two outstanding contradictions.

Safety still trumps every consideration, and the Minister claims in the SOE that he and Parliament are responsible but CASA is independent. Impossible, and nothing to force CASA to make radical changes. They will not, unless and until Mr. Responsible, whoever that might be, makes them.

Steady the Buffs!.

“You told me once that we shall be judged by our intentions, not by our accomplishments. I thought it a grand remark. But we must intend to accomplish—not sit intending on a chair.”

Aye' There's the rub; a quick first read of both the explanatory notes and the SoE, followed by a careful, second read through leaves but two questions begging answers. Before those may be answered there is much to consider. For example 'how' will the documents be 'read and comprehended' by the CASA board and top shelf incumbents.  Aviation folk tend to read stuff in practical terms - instructions mostly followed by action, clear directive with little wriggle room are the most efficient. But, the administrative types will always revel in waffle and exploit any wriggle room to their own advantage. It becomes a battle of 'intent' and 'translation'.

The DPM's SoE is (IMO) a clear directive. It is not a party piece, writ by 'other' folk and signed off as something-nothing. There are many voices echoed within, reflecting sound advice spoken to a competent listener. B. Joyce Esq was savvy enough to enlist an adviser who is not only competent but 'understands' how the system works and the minds that drive the system. The intentions within the SoE and the explanatory notes set industry on a path toward reform - provided there is enough horsepower delivered to those must ensure that the SoE is executed within the 'spirit and intent' of the document. For delivery we must rely on the intention of the DPM; one or two quick meetings and perhaps a note or two to the 'right folk' will see his job done. Regrettably, only time will tell the tale, results or more obfuscation? We shall see.   

“Nothing was or is farther from my intentions, than to enlist myself as the champion of a fixed opinion, where I have only expressed doubt.”

There is a serious BRB this evening (no darts) all have done their homework and made their notes and no doubt formed an opinion. This is, for once, a SoE worthy of serious consideration. That, stand alone is refreshing. MTF a racing certainty.


“What one does is what counts. Not what one had the intention of doing.”

Toot - toot...

Addendum: 

Extract from the McDonaught Explanatory Statement 'Outline' for the Dr Aleck drafted (June 2021) SoE:

Outline


The Statement of Expectations (SOE) was issued by the Minister as a notice under section 12A of the Civil Aviation Act 1988 to the Civil Aviation Safety Authority (CASA).

Section 12A of the Civil Aviation Act 1988 provides that the Minister may notify the Board of CASA in writing of the Minister’s views on the appropriate strategic direction for CASA and the manner in which it should perform its functions.

This SOE outlines the Minister’s expectations for CASA in regard to its operations and performance over the period 1 July 2021 to 30 June 2023.

The SOE emphasises the need for CASA to perform its functions in a manner that supports Government policy, including that aviation safety remains the highest priority. CASA is also expected to comply with relevant legislation and to keep the Minister and the Secretary of the Department of Infrastructure, Transport, Regional Development and Communications (the Department) informed of CASA’s actions and initiatives.

The SOE includes sections on CASA’s governance, regulatory approach, key initiatives and stakeholder engagement.

The SOE outlines the Minister’s expectations in relation to the way CASA conducts its functions and the need for consultation with the community, industry and Government agencies.

Details of the SOE are set out in the Attachment.

CASA was consulted in finalising the SOE.

Notices issued under section 12A of the Civil Aviation Act 1988 are a legislative instrument for the purposes of the Legislation Act 2003.

The SOE commences on 1 July 2021 and expires at the end of 30 June 2023 as if it had been repealed by another SOE.
Authority: Section 12A of the Civil Aviation Act 1988.

 
Extract from the 13 January 2022 BJ Explanatory Statement 'Outline' for the Anita Taylor (Senior Aviation Adviser)/Department drafted SoE:

Outline

This Statement of Expectations (SoE) is issued by the Minister as a notice under section 12A of the Civil Aviation Act 1988, addressed to the Board of the Civil Aviation Safety Authority (CASA).

Section 12A of the Civil Aviation Act 1988 provides that the Minister may notify the Board of CASA in writing of the Minister’s views on CASA’s strategic direction and the manner in which it should perform its functions.

This SoE outlines the Minister’s expectations of CASA during the period 31 January 2022 to 30 June 2023.

The SoE emphasises the need for CASA to perform its functions in a manner that supports Government policy, including that aviation safety remains the highest priority. CASA is also expected to comply with relevant legislation and to keep the Minister and the Secretary of the Department of Infrastructure, Transport, Regional Development and Communications (the Department) informed of CASA’s activities.

The SoE addresses CASA’s governance, regulatory approach, key initiatives and stakeholder engagement. It also outlines the Minister’s expectations as to how CASA conducts its functions, and the need for consultation with the industry, government and the broader community.

CASA was consulted in finalising the SoE.

Details of the SoE are set out in the Attachment.

Section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 provides that notices given under section 12A of the Civil Aviation Act 1988 which are legislative instruments under the Legislation Act 2003 are not subject to disallowance.

Authority: Section 12A of the Civil Aviation Act 1988

Note: Other than some of the wording and the effective dates there is vey little difference between the two outlines ( the addition of the part in bold is important in the context of the election cycle and the very clear timelines within the BJ SoE). That is where the similarities in the two SoEs seriously diverge.

MTF...P2