[Peetwo]

The Leopard (Carmody) reveals it's spots -

Here's the talk...

Via CASA Briefing:

New instruction on using safety information
Date of Publication: 
Thursday 28th September

The Civil Aviation Safety Authority has taken another important step in implementing its regulatory philosophy and ensuring a 'just culture' approach is taken to safety regulation.

A new instruction from the Director of Aviation Safety to CASA staff sets out limitations on the use of information that may show a contravention of the safety rules.

The instruction clarifies how information can be used when CASA makes decisions about whether enforcement action may need to be taken.

Individuals and organisations found to have violated a provision of the safety rules will be given an opportunity to address and correct safety issues without CASA initiating enforcement action.

Enforcement action will only be taken where there is a deliberate, wilful or reckless breach of the aviation safety rules, where there is a pattern of repeated misconduct or there is a failure to take appropriate corrective or protective action to address identified safety issues.

CEO and Director of Aviation Safety, Shane Carmody, said the new safety information instruction puts into practical effect key elements of CASA's regulatory philosophy.

"It is vital that CASA does not simply talk about taking a 'just culture' approach to regulation but actively implements the principles into our day-to-day operations and decision making," Mr Carmody said.

"Our rational 'just culture' approach means that where honest errors or mistakes are made CASA looks to support the efforts of individuals and organisations to make necessary improvements, correct identified problems and ensure safety risks are effectively managed in the process.

"Individuals and organisations with an understanding and commitment to safety need to take responsibility for addressing safety shortcomings and where they demonstrate the ability and willingness to do this CASA need not take action.

"CASA is encouraging a proactive approach to safety by the aviation community by clearly setting out how we will use safety information and the basis on which we will refrain from taking enforcement action based on that information.

"Of course, if the safety rules are deliberately flouted or action is not taken to address safety issues then CASA must and will take appropriate action.

"I am making it very clear to CASA staff and the aviation community that we will use information in the interests of safety and in a manner consistent with the 'just culture' principles reflected in our regulatory philosophy."

Go to the instruction on the limitations on the use of safety information.

Now let's see the walk...

The following segment from Estimates yesterday is IMHO a real tell on the true nature and intent of DAS Carmody when it comes to his instruction ( i.e. the Leopard's walk), note in particular the final comment from: 

DAS Carmody:"..I will not make a decision till after the ATSB report is finalised.."

Just think about that comment for a second..

Now although the intent by the DAS is to indicate that he will (unlike Malcolm Campbell) be not making any references or revealing any part of the DRAFT report (as per the conditions of section 26 of the TSI Act); he does appear to be indicating that he will be referencing the ATSB Final Report to inform his decision making process on DJ's request for the conditions on his ATPL be dropped...

Does this indicate that the DAS is contemplating breaching the spirit and intent of section 12AA of the TSI Act?

 

12AA  Functions of the ATSB
             (1)  The ATSB’s function is to improve transport safety by means that include the following:
                     (a)  receiving and assessing reports of transport safety matters, reportable matters, and other safety information that is prescribed by the regulations;
                     (b)  independently investigating transport safety matters;
                     ©  identifying factors that:
                              (i)  contribute, or have contributed, to transport safety matters; or
                             (ii)  affect, or might affect, transport safety;
                     (d)  communicating those factors to relevant sectors of the transport industry and the public in any way, including in any one or more of the following ways:
                              (i)  by making safety action statements;
                             (ii)  by making safety recommendations;
                            (iii)  by issuing safety advisory notices;
                     (e)  reporting publicly on those investigations;
                      (f)  conducting public educational programs about matters relating to transport safety;
                     (g)  any other means prescribed by the regulations.
             (2)  The ATSB also has the following functions:

                     (a)  cooperating with:
                              (i)  an agency of the Commonwealth, a State or Territory that has functions or powers relating to transport safety or functions affected by the ATSB’s function of improving transport safety; and
                             (ii)  a person who has, under a law of the Commonwealth, a State or Territory, functions or powers relating to transport safety or functions affected by the ATSB’s function of improving transport safety; and
                            (iii)  a national authority or other body of another country that has functions or powers relating to transport safety or functions affected by the ATSB’s function of improving transport safety;
                     (b)  doing anything incidental to its function of improving transport safety.

             (3)  The following are not functions of the ATSB:
                     (a)  to apportion blame for transport safety matters;
                     (b)  to provide the means to determine the liability of any person in respect of a transport safety matter;
                     ©  to assist in court proceedings between parties (except as provided by this Act, whether expressly or impliedly);
                     (d)  to allow any adverse inference to be drawn from the fact that a person was involved in a transport safety matter.

However, even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the ATSB, this does not prevent the ATSB from carrying out its functions.

             (4)  To avoid doubt, subsection (3) does not prevent the prosecution of any offence under this Act.

Much, much..MTF on this.....P2