[Peetwo]

Of parallel investigations, MoUs, MALIUs & Directives -

P7 - "...I would be intrigued to understand what prompted the CASA ‘parallel’ investigation and the existing head of power under the MoU which it allegedly supported..."

Still trying to fathom the very strange disconnected timeline with the original VH-NGA ATSB investigation and apparent change in CASA policy for parallel investigations in the lead up to the introduction of the 2010 MoU...

Reference CAIR 09/3 (see PDF link above):  

Note that the MoU reference that the MALIU uses actually predates the introduction of the 2010 MoU (PDF Page 28) and not the 2004 MoU:

 
I have also come across another bizarre connection with the 2010 MoU and the introduction of the CASA ALIU. The following is quoted from this former DAS McComic's Directive - Download das-pn015-2010.pdf (Ps Note the date):

Policy

In addition to meeting any obligations under the Transport Safety Investigation Act 2003 and the Civil Aviation Act (1988), CASA is committed to cooperation with the ATSB in accordance with the Memorandum of Understanding (MoU) established between the two agencies.

CASA has established an Accident Liaison and Investigation Unit (ALIU) to manage the day-to-day interaction and to act as a contact point for the ATSB. The ALIU is headed by the Manager Accident Liaison and Investigation Unit (MALIU) who reports to the Deputy Director of Aviation Safety.

Under the terms of the MoU, all requests from the ATSB for assistance, advice or interviews should be coordinated through the Accident Liaison and Investigation Unit (ALIU).

If CASA personnel are contacted directly by the ATSB in respect to any investigation or requests for information they should refer the request to the ALIU.

The ALIU also acts as the conduit for advice back to the ATSB. Staff should not contact or provide advice to the ATSB without first consulting the ALIU.

CASA officers participating in or supporting ATSB investigations have a responsibility to keep Manager ALIU informed of the progress of an investigation and to advise him immediately of information which indicates a need for CASA to take urgent safety-related action. 

John F. McCormick

Director of Aviation Safety

Date 03 August 2011

    
Hmm..wonder what it was that prompted former DAS McComic to issue that directive 1 year, 5 months and 25 days after the 2010 MoU was officially signed?
The chain of command and the underlying warning to not step outside the official lines of communication with the ATSB is quite specific:

　

Responsibility

The Director of Aviation Safety is responsible for approving all CASA regulatory policy.

The Deputy Director of Aviation Safety is responsible for the development, maintenance and publication of this policy.

All amendments to this policy shall be made in accordance with CASA Document Control policy and procedures.

Purpose of the Policy

The purpose of this policy is to govern the way in which CASA performs its functions under paragraph 9(3)(a) of the Civil Aviation Act (1988) and fulfils its obligations under the Memorandum of Understanding (MoU) established between CASA and the Air Transport Safety Bureau (ATSB).

Application of the Policy

This policy is intended to guide the actions of all CASA staff in their interaction with the ATSB.

 
It is also interesting to note that, much like the current version of the CASA enforcement manual, the DAS Directive was revisited in February 2016 but was not amended in any way that I can detect: https://www.casa.gov.au/files/das-pn015-2010pdf

Download das-pn015-2010.pdf (52.25 KB)

Date modified: 17/02/2016

 
In terms of the 2015 MoU and probably in the interests of embracing the ASRR recommendations in relation to the SSP...

3 STATE SAFETY PROGRAMME

3.1 ATSB and CASA are committed to ensure the effective implementation of the

State Aviation Safety Programme, as published by the Department of

Infrastructure and Regional Development. Cooperative priorities for improving

implementation of the Programme during the period of this MOU include, but

are not limited to:

(a) Improving information collection and sharing processes, having regard to

the standards and recommended practices in Annexes 13 and 19 to the

Convention on International Civil Aviation, done at Chicago 7 December

1944

(b) Cooperative research and analysis to review safety trends and identify

areas for safety improvement

© Public communication and education on aviation safety matters.

...it would appear the concept of parallel investigations as intended in paragraph 4.1 of the 2010 MoU has been abandoned (see paragraphs 6 & 7, plus ATTACHMENT A ­‐ Participation in investigations).

However it would also appear that the position of the MALIU is still the go to person as per the still in force McComic directive:

Participation in investigations will be co-ordinated through the Manager ALIU, CASA and the Director Aviation Safety Investigations, ATSB.

MTF...P2