[Peetwo]

From Paul Phelan, courtesy Proaviation..

Tidying up


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CASA has set up a 26-person “special taskforce” to work full-time on finding solutions to identified issues with the new licensing suite of regulations – Parts 61, 64, 141 and 142.
Director Mark Skidmore says the taskforce is working closely with a new advisory panel comprising member organisations of The Australian Aviation Associations Forum, (TAAAF) as well as delegates from the airline and mustering sectors, flight training schools and the tertiary education sector.

The move follows Mr Skidmore’s launch in September of CASA’s new regulatory philosophy which is now in effect – a new ten-point policy guideline detailing how the regulator intends to comply with the laws governing its regulatory activities, says a spokesman:

“The Regulatory Philosophy was promulgated by the Director and endorsed by the CASA Board, in keeping with the Government’s Response to the ASRR and Minister’s Statement of Expectations, the latter of which is addressed to the Board as a notice, under subsection 12(1) of the Civil Aviation Act, of the Minister’s views on the appropriate strategic direction for CASA. Subsection 12(2) of the Act requires the Board to act in accordance with such a notice. Consistent with the requirements of the law, The Director is obliged to manage CASA ‘subject to the directions of, and in accordance with the policies determined by, the Board.”

The above references to the Act are:
(1) The Minister may give the Board written directions as to the performance of its functions or the exercise of its powers.

But:
(2) Directions as to the performance of its regulatory function shall be only of a general nature.

However the Act  at Section 9(1)© commits CASA to “developing and promulgating appropriate, clear and concise aviation safety standards,” the absence of which was the most widely criticised deficiency identified by the respondents to the Aviation Safety Regulation Review. Asked whether the Task Force would be bound by the new policies, CASA says: “As a body established by the CEO/DAS, and to the extent one or more of the principles set out in the Regulatory Philosophy are applicable to the work of the Taskforce, it is expected that the Taskforce will perform its functions in a manner consistent with those principles.”

Examples are plentiful, but this specimen is as appropriate, clear and concise as they get:

142.045  Legislative instruments—Part 142 operators

For paragraph 98(5A)(a) of the Act, CASA may issue a legislative instrument to prescribe the following:

a) type ratings for paragraph (d) and subparagraph (g)(i) of the definition of Part 142 flight training in subregulation 142.015(2);
b) matters for paragraph 142.340(1)(v).

Feeling safer now?

MTF..P2