[Kharon]

Karen Casey has, once again, been doing her homework.  Whether or not ICAO can actually do 'something' about the Pel-Air controversy, the manipulated Australian safety system which thus far has escape all accountability despite almost 70 serious, far reaching recommendations made by the Senate, and independent government sponsored inquiry, a peer review by the Canadian TSBC and now, the Commonwealth Ombudsman. 

Bet a dollar McComic did not bring up this topic; it may have made him retch a bit though.

Australia.

Australia changed its law so as to fit with the Montreal Convention including in some of the following ways
 the removal of references to ‘personal injury’ and replaced with ‘bodily injury’ under the CACL Act[8] to ensure consistency with the 1999 Montreal Convention concerning international flights;

 the preclusion of potential claimants from claiming compensation for mental injuries where that person has not suffered additional personal or property damage[8]

Independent Australian senator Nick Xenophon will introduce a private member's bill into the Australian Parliament in May 2015 which will seek to protect the rights of plane crash survivors to be compensated for psychological trauma.[6]

Leading Australian current affairs TV show 4 Corners on the government owned broadcaster ABC,[9] broadcast a program[10] focusing on the unfairness and injustice of excluding psychiatric injury on March 23, 2015 featuring Karen Casey, a nurse injured when the medical evacuation flight she was nursing on crashed in the waters off Norfolk Island.

- HERE-

Despite the delays and window dressing nothing of significance has happened either to prevent a reoccurrence of the accident which crippled Karen; or, to control those responsible for the infamous ATSB report into the incident.

Thanks for giving it mention ICAO, and well done to leave McComic out of the game; one final challenge left – please before there is a serious accident; try to get the attention of the Minuscule responsible and convince him that there are problems, which he and only he has the power to resolve.

Selah.  

[Gobbledock]

WARNING!!! This post contains robust language, nicknames and riddles, and may offend some who would like to see it relegated to the tidy-bin. Please turn away now if you meet that criteria. Cheers

The longer the Australian farcical safety oversight continues, the worse that ICAO looks. You see, what is happening is what we call a conga line of chickenshit. It goes like this; There are some Australian operators that are quite simply 'chickenshit'. These chickenshit operators receive oversight by Australian government frameworks which are also chickenshit. To add a third layer of faeces to this mess is the inaction and ignorance by the bauble of chickenshit hanging from the chickenshit tree - ICAO. Indeed ICAO are really looking more and more like an old pair of soiled underpants - very uncomfortable, beyond repair, reek of excrement, and a fresh pair need to be sourced urgently. The monotone, sterile, Zimmer frame using dinosaurs have lost their grip. Country after country, including Australia, simply take the piss out of ICAO. They ignore elements of the Chicago convention, they scoff at UN protocols, they urinate on the Annexes, they bluff and bluster their way through audits and then initiate the dog and pony show to fool the ICAO pensioners into leaving the states alone for another 5 - 7 years! If I wasn't a cynic I would go as far as to say that ICAO are also part of the stage act?

Karen Casey has been denied natural justice and moral justice by way of compensation in Australia and it is deplorable. Is Sen X the only politician to care for it's citizens? It certainly seems that way. I quote directly from the UN charter, keeping in mind that ICAO falls under the United Nations. From article 1, paragraph 3 of the UN charter as follows;

" To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion".

I call bollocks on that. Somehow I don't see elements of there own mandate being applied here in Karens case, do you?

Ironically pumpkins tend to grow rather robustly when completely immersed in a fresh ongoing supply of never ending chickenshit. Sort of starts to make sense then doesn't it, why Pumpkin Head remains so strong and powerful and thrives in his Canberra garden with all the other vegetables!!

"Continuous turd polishing for all"

[Kharon]

Pages – stuck together, perhaps.

It is a mad world, seriously, truly, completely and utterly insane.  I watch the news and see the lamp-post huggers, armed with candles, all dewy eyed and wailing because a sovereign nation has exercised their law and shot a couple of drug smugglers, who for profit, without a thought or care for those on whom they inflict untold misery and would still have been plying their trade today, espousing all manner of criminal acts from those who must feed the habit, before their children – had they not been caught.   

The death penalty has for generations been a fierce debate, both sides as diametrically opposed as they could be; and, there is much merit for both arguments.  But, that aside, it beats me, how so much anguish, government intervention and press coverage a couple of people who deliberately, with intent, set out to break not only the law of the land, but those of human decency can evoke.  

Yet there rests Bernie Curral, innocent of any crime, no all night vigils for her.  Karen is still suffering, tormented and desperately trying to live a normal life, as are her fellow survivors.  Will Abbott recall the heads of the departments which allowed this treatment; NO, but recalling an Ambassador for a couple of drug dealers – no problem.

Crazy, crazy stuff – Karen cannot even get a timely response from a court, but for convicted criminals - all night vigils, singing, placards, candles, flowers, stuffed toys (FCOL) and buckets of tears (all on camera of course).   What sort of world do we live in Daddy? – tell me how I answer my children's honest questions?

Selah.

[thorn bird]

William Shakespeare.

Probably an apt quotation for everyone.

“The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blessed:
It blesseth him that gives and him that takes.
'Tis mightiest in the mightiest. It becomes
The thronèd monarch better than his crown.
His scepter shows the force of temporal power,
The attribute to awe and majesty
Wherein doth sit the dread and fear of kings,
But mercy is above this sceptered sway.
It is enthronèd in the hearts of kings.
It is an attribute to God himself.
And earthly power doth then show likest God’s
When mercy seasons justice. Therefore, Jew, Though justice be thy plea, consider this-
That in the course of justice none of us
Should see salvation. We do pray for mercy,
And that same prayer doth teach us all to render
The deeds of mercy. I have spoke thus much
To mitigate the justice of thy plea,
Which if thou follow, this strict court of Venice
Must needs give sentence 'gainst the merchant there.”

― William Shakespeare, The Merchant of Venice

[Ziggy]

William Shakespeare.  

Probably an apt quotation  for everyone.

“The quality of mercy is not strained.
It droppeth as the gentle rain from heaven
Upon the place beneath. It is twice blessed:
It blesseth him that gives and him that takes.
'Tis mightiest in the mightiest. It becomes
The thronèd monarch better than his crown.
His scepter shows the force of temporal power,
The attribute to awe and majesty
Wherein doth sit the dread and fear of kings,
But mercy is above this sceptered sway.
It is enthronèd in the hearts of kings.
It is an attribute to God himself.
And earthly power doth then show likest God’s
When mercy seasons justice. Therefore, Jew, Though justice be thy plea, consider this-
That in the course of justice none of us
Should see salvation. We do pray for mercy,
And that same prayer doth teach us all to render
The deeds of mercy. I have spoke thus much
To mitigate the justice of thy plea,
Which if thou follow, this strict court of Venice
Must needs give sentence 'gainst the merchant there.”

― William Shakespeare, The Merchant of Venice

Poetry with Music under construction...

My Poetry. My Words.
MyArtisticView.                                                                                                                          
Dried Ocean.

"Denying clarity of facts
In a game where words attack
A force flies freely through white walls of wings
Birthed whispers of deceit to conquer words of truth
Scrapped to the bin

Left a result of the system to wander beyond
Two thousand days of wait, wait, wait
For the ones who believe a title is leverage above me
Seem drawn to confusion of known erudition
Versus naïve choices are proven innate

Time has entangled the lies to reveal false assurance in the big blues
Constructed words over tables in locked rooms where so careful to choose
Poisoned ink scratches papers of void
No longer to intrude my Soul
Or allow my Life destroyed

So swirl in the darkness of untruths enabling division
Uniting for a better cause has never been on the agenda
Nor in the needed vision

With the truth pierced through the veil
I await on my Dry Ocean
Many days turned to years,
All senses awakened  to knowing
How truth flies to many and safely
Lands on demoralised ears."

[thorn bird]

Powerful words Zig's. Very Powerful words.

Your not Shakespeare's great, great, great, great, great, great Granddaughter by any chance??

I wish to nominate Ziggy Chick as the next Poet Lauriat anyone second that motion?

[Peetwo]

Powerful words Zig's. Very Powerful words.

Your not Shakespeare's great, great, great, great, great, great Granddaughter by any chance??

I wish to nominate Ziggy Chick as the next Poet Lauriat anyone second that motion?

You've got my 2nd...& my 3rd, my 4th...seriously Ziggy nice very nice...

The only song I was ever near contributing to was this one from the Straits and only on the chorus while in a certain stage of inebriation; usually after a Sundy session at the Wongai. 

 

BOUND FOR DARNLEY…..A Flight Over the Deep Blue.


First light at Horn Island
And the cloud was grey as slate,
As we kicked over
And rolled on zero eight.

The 206 was the first to go
And it was me who drew the card,
Out to Darnley
We did Kubin along the way.

And I can still see Mick and Mangy
Sitting on the couch back home,
Drinking VB tinnies
And playing Nintendo all alone.

Who’ll make the homebrew now
And who gets my CD’s
God help me…
I was bound for Darnley.

Levelled out at five and a half.
Hemispherical all the way.
Playing by the book
To keep those CASA boys at bay.

Looked down below and I saw a Bongo
Airborne out of Sue,
It was Lippy,
He was headed for Badu.

Then the engine started missing,
And the bloke behind me swore!
I went down along the checklist,
Through all that I’d been taught.

But nothing made it right again,
It was a stuffed up state to be.
God help me….
I was bound for Darnley.

I scanned the sea for a place to land
There was only one small reef
It was looking ugly
I knew we’d come to grief.
It was then I knew we were going down
The situation was looking grim
My heart was racing
Cause I knew I couldn’t swim.

There was Dixter, Dengue, Deefa
All the boys were out that day,
Sitting in their cockpits
All the fellas could do was prey.

But I changed the tanks
She sprang to life
I couldn’t have been much dumber
God help Me…..
I should have been a plumber.

Back upstairs she was looking good
It seemed I’d got us out of strife
The bloke beside me
Would be happy to see his wife.

Close to Darnley it was top of descent
And it was time to go on down,
I was in control now,
But I’d left my undies brown.

It was downhill on one zero,
With five knots up the arse.
At least the brakes were working
Thank Christ it wasn’t grass
I parked the plane,
Then turned around…..
The pax were in a flurry
HEY PILOT….YOU SABE WE STAP MURRAY!!!

And the ANSETT legends didn’t mention
Slogging around the straits.
A lifestyle that would make you cry,
If it wasn’t for your mates.

Now I’m in Sydney flying a jet
In money I am swimmin’….
God help me…
I MISS THOSE DARK WOMEN!!!!!

 It was sung to the Redgum tune "I was only nineteen"!



Cheers P2

[Ziggy]

Breaking Composure

"Exacerbated years with no reason
Yet so crystal clear written and spoken
Show no Mercy to your own
Rather,
Use the anguish of others to break 'em all
Checkmate maybe.
Are we broken?

Time can heal some wounds
As it has a way
Not so with this flying timeline
True words shaded grey

Strength to scaffold these games 
Bringing a united truth of force
Cannot be divided to conquer
Natures Wind, on her own course

A psychology of anguish
Blinks long pauses of distaste
A psychology of anguish reared up to speak out
Whilst ones who do know of the obscenity
Persevering desperation of understanding
Calmly attempting to quietly shout"

[Ziggy]

Dis-Enchanted

"It's not a fear of re-entering
My World which I have forgot
Disenchanted life that has been
Dimmed with the stain
Of significant vomitus rot

Glimpses of hope I still find
In my mind and from some good souls
Although scarred beyond repair, I am,
Able to notice pats on the back, cold handshakes
For I now understand  the sickness
Which spreads and claws to prevent a truth outbreak.

Question on notice at this moment is...
Why has so much dishonesty
Clawed at my attempted lifes' bliss?"

[Kharon]

Big day tomorrow, 0930; Karen will hear the Supreme court decision handed down by the Judge.   Karen says she is 'nervous but ready'.  Don't know about you lot, but I wish her well, no doubt her family will be there to support.  

But I still think it's rum; a court case instead of a bloody big medal.  Anyway, a murmured prayer to your pagan god of choice may help Kaz through the last of this ordeal. It has been quite a journey.  Maybe mention a suitable settlement and some awareness of just what has transpired, justice would be too much to hope for, but perhaps the law may find a way to dispense some healing balm.  

Best of luck and all good things Kaz.  The IOS is with you all the way.  Win, loose or draw, you're a star...

..

[P7_TOM]

Ziggy - Fingers crossed for tomorrow.  Hope this works - it's from the Houseboat crew, dedicated to you.

Music and Pictures - I hope - HERE 


Good luck tomorrow.

[Kharon]

Ben scoops the pool, Karen 1 – Ass wipe conglomerate 0.  Well done that Judge; MTF when we catch up with Karen.  Good news day – YOU BET.

Ben Sandilands at Plane Talking – HERE   Bravo Ben.

[Peetwo]

Ben scoops the pool, Karen 1 – Ass wipe conglomerate 0.  Well done that Judge; MTF when we catch up with Karen.  Good news day – YOU BET.

Ben Sandilands at Plane Talking – HERE   Bravo Ben.

Well done KC (akaZiggy)...some semblance of Justice at last...

Pel-Air crash victim wins right to compensation for PTSD

Ben Sandilands | May 15, 2015 11:31AM


Karen Casey, featured in a recent 4 Corners report on her struggle for compensation

Karen Casey, the nurse who was seriously injured in the Pel-Air crash near Norfolk Island in 2009, has won the right to compensation from the air operator for damages for post traumatic stress disorder (PTSD).

A judge of the Supreme Court in Sydney ruled that compensation does apply in the case brought by Ms Casey because like all her other crash related injuries, her PTSD is a bodily injury.

The defence had argued in the case brought against Pel-Air by the former nurse that the Montreal Convention that relates to damages arising from aviation accidents excluded compensation for psychological injury.

The parties will now consider the detail of the judgment prior to the compensation to be awarded to Ms Casey being determined in further proceedings.

Ms Casey was among the six people on board the Pel-Air Westwind corporate jet conducting a medical evacuation from Apia to Melbourne  on 18 November 2009 when it was ditched in the sea after being unable to land for refueling at Norfolk Island because of a deterioration in the forecast weather conditions.

The crash has been the subject of prolonged controversy over the conduct and procedures of the Australian Transport Safety Bureau in determining that the captain of the jet was to blame for the accident.

That report by the ATSB has since been discredited by a peer review of the Australian agency’s procedures by the Transportation Safety Board of Canada, and caused the original ATSB final report to be withdrawn, pending its doing a new, comprehensive and professional report into the accident.

The ATSB was also directed to retrieve and if possible, read the flight information on the Pel-Air jet’s flight data recorder, which it has previously refused to recover from the sea floor.

A Senate inquiry into the conduct of the ATSB was severely critical of testimony made by its chief commissioner Martin Dolan, and found that the aviation safety regulator, CASA had suppressed an internal review which found that had it carried out its duties of oversight of Pel-Air, the accident might have been prevented.

That suppressed document, tabled and made public by the Senate inquiry, showed that Pel-Air was in multiple significant breaches of the safety regulations  at the time of the crash, and that CASA had inter alia, failed in its duties  in relation to Pel-Air’s operations.
Chief Commissioner Dolan had insisted in testimony to the Senate hearing that the matters revealed by the CASA internal audit were not relevant to its now discredited and withdrawn final report into the crash.

Comment This morning’s decision by the Supreme Court may have implications in Australia and world wide by way of potential legal precedent for the application of the Montreal Convention to crash victim compensation claims where previously it has been invoked to exclude damages for post traumatic stress disorder.

However it isn’t clear at this stage as to whether this morning’s decision can be successfully interpreted as setting a broad legal precedent, rather than a narrow interpretation that might be limited to a set of evidence similar to that brought in relation to this case.

 
And from the other Aunty..

Nurse successfully sues Pel-Air for psychological injuries after Norfolk Island plane crash



Photo: A court rules Pel-Air crash survivor Karen Casey is entitled to compensation for PTSD. (Four Corners)


A nurse who survived a plane crash off Norfolk Island has successfully sued the operator of the flight for psychological injury, in a ruling that could have wide legal ramifications.
Karen Casey took Pel-Air Aviation to the New South Wales Supreme Court over the 2009 crash, which also left her with significant physical injuries.

Six people were on board the plane, including Ms Casey and a doctor, David Helm, when it crashed near Norfolk Island.

The plane had been carrying a seriously ill patient and her husband on a care flight from Samoa to Melbourne when it ditched with low fuel in bad weather.

All six people on board survived the plane crash and spent 90 minutes in a raging sea in the middle of the night with too few life jackets.

Pel-Air accepted that the crash had been caused by the negligence of the plane's pilots and there was no issue with the fact it was liable for the physical injuries of Ms Casey and Dr Helm.

Ms Casey then took her case to the Supreme Court to decide if she could be compensated for the psychological injuries she suffered.

She welcomed today's Supreme Court decision, saying no one should be forced to go through what she has.

Four Corners: Crash landing

In 2012, Four Corners talked to the people on board and those involved in the flight, investigating what really happened that fateful night.

Speaking outside the court, Ms Casey said she would like to see justice in aviation laws in Australia and internationally.

"It's been an extremely long, hard road to fight for the rights that we should have," she said.
"I'm very happy with the outcome, but it's certainly not over yet because it's an international [issue] that needs to be recognised.
"No one should have to go through this again, no one.
"I've learned a lot, it's been a fight and a struggle.
"I've almost lost my mind a few times because of it."

International convention limits liability of air carriers

Australia is a signatory to the 1999 Montreal Convention, which allows compensation to international plane crash victims for death or "bodily injury" but effectively bans compensation for psychological trauma.

But today the New South Wales Supreme Court found Ms Casey's post-traumatic stress disorder should be compensated, because it too is a bodily injury.

Ms Casey's long-running fight for compensation was supported by Senator Nick Xenophon, who sought to introduce a private members bill in Federal Parliament to ensure plane crash survivors could be compensated for psychological trauma.

The Casey family previously told the ABC's Four Corners program there was little doubt that surviving a plane crash could ruin a person's life.

Ms Casey's daughter, Jemma Patten, said her mother left for work one day and another person came home.

"She came home and she just was completely different," she said.
"Her face, her mood, her body language just was different.
"It was cold, it just wasn't mum."

MTF..P2

[thorn bird]

Karen,
I always believed that ultimately Justice would prevail, congratulations.
I hope now you can close off this terrible event and begin your next task of repairing the damage done to you, physically and mentally, and find the path to the "Old" you, the one your family so desperately wants back, and I imagine the one you want to find as well.
You are one incredibly courageous woman and deserve nothing less than that.
God bless you.

[Kharon]

"My my, what a day" reads the first line on a text from Karen.  Says much for the lady that even "pooped" she can find the patience and time to let us know how she is and what is happening.  Thanks Kaz.  

I'll paraphrase the text; in short it all looks pretty good, there are still another nervous 21 days to endure while the insurers decide whether to appeal or stump up.  

The lady goes on to say she is tired and will rest now for a while.   Aye, sleep well.

What can we say, Bravo, well done the legal team, well done the law and well done those who must make decisions on that law.  The ABC and the Four Corners crew deserve special thanks as does the Senate committee and all those who contributed to the Pel-Air inquiry.  There are many more to bless, like other flight nurses who have unstintingly been there; folks from all walks of life, to numerous to mention.   I am instructed to say thank you to those on these boards who walked through the journey with Karen; "champions all" she declares.  - Aw shucks Ma'am, weren't nuthin' worth the mentioning.  

What a ride, what a long gruelling struggle to get to a starting point.  A bravery award for her part in keeping Bernie Curral afloat and alive after the event is merited; but the truly heroic part in all of this has been Karen's courage and determination to see the thing through to end, despite enough physical and mental hardship to send most scurrying home to Mum, or the nut house.  No doubt those who prolonged the agony will be called on by Karma in due course.  
Bravo Ziggy, bravo, well done indeed.

May the road rise up to meet you.
May the wind be always at your back.
May the sun shine warm upon your face;
the rains fall soft upon your fields 
and until we meet again, 
may God hold you in the palm of His hand.

[snorky]

Great result @Kaz. Well done. Brave woman.   

[Gobbledock]

Dear Karen, it's very rare that the Gobbledock is pleased these days with anything aviation, however upon landing back in Australia and hearing this good news I am overwhelmed with happiness for you! Congratulations to yourself and your family. I have the utmost respect for your strength, tenacity, dignity and determination. You have a long road ahead of you, a road which still contains some bumps and potholes. But the decision made by the court will help you to travel that road in a manner in which you will be protected from further injury, and in time you will barely feel the bumps in the road. Again, well done, and peace to you.

To the senators who have defended this poor woman. You have earned my respect. You have reflected the role of a politician and what politicians are meant to stand for - helping, protecting and promoting the well being and rights of their constituents. You have worked hard for the rights of this innocent girl and you should be thanked and recognised for that. Some of us, but not many, know exactly how hard you have worked behind the scenes and we are aware of the level of bullshit and stonewalling you have endured. If ever a budding, aspiring, or sin forgiveness seeking politician ever wants a template to follow then look no further than Xenophon, Fawcett, Sterle, Heffernan and others.

To the ABC, Four Corners and the social media reporters and commentators who have also been brave enough to expose the crooked backyard dealers - you should be congratulated for being brave enough to expose the rot yet at the same time dignify Karen who is an absolute victim in all of this. Your reporting has been succinct and mostly very accurate. You have a heart and I for one embrace you as honorary IOS members.

To the wig wearer - Well done your honour. You have made a mature and justifiable determination based upon fact and the legal system available to your discretion. You have honoured Karen and her family and given them a platform to rebuild their lives upon. That is not only fair but it is ethical and morally correct.

To the grubby filthy Government spin doctors, liars, obsfucators, the lawyers, the insurers and the greedy corporate crooks - You are placed on notice! The IOS will never give up defending Karen. So think about that as the subject of compensation takes place. We will continue to expose injustices and acts of bastardisation in a very public way and personal way. If you think we, the IOS, are a pain in the ass now, you haven't seen anything yet. There is an abundance of seats available on the Styx houseboat, it's up to you whether you wish to be put on the passenger manifest. The ball is in your court.

"Justice filled skies for all"

[Peetwo]

For those interested here is a link for the Judgement - Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566

And this was the summary:

15 May 2015
Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd
[2015] NSWSC 566

Schmidt J

In November 2009, a plane which was supposed to transfer a seriously injured patient and her husband from Samoa to Melbourne crashed near Norfolk Island. The plane was operated by Pel-Air Aviation Pty Ltd (the defendant in these proceedings), and had six people on board including a nurse, Ms Karen Casey and Dr David Helm (the plaintiffs).

It was common ground between the parties that Ms Casey and Dr Helm sustained physical injuries as a result of the crash, and that Ms Casey had also suffered serious psychological injuries. Pel-Air also accepted that the crash had been caused by the negligence of the plane’s pilots (for which it had vicarious liability) and, as such, there was no issue that their physical injuries were compensable under the Civil Aviation (Carriers Liability) Act 1959 (Cth).

In Ms Casey’s case, the Supreme Court had to decide whether some of her psychiatric injuries were compensable and also assess certain of the damages she claimed.

In terms of psychiatric injury, the central issue was whether Pt IA of the Civil Aviation Carriers Liability) Act, which refers to the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air, permitted Ms Casey to seek compensation in respect of her post-traumatic stress disorder (PTSD).

Schmidt J held that, properly construed, s 9E of that Act did not provide any wider rights to compensation in respect of “personal injury” than the rights to compensation for “bodily injury” under Art 17 of the Montreal Convention. Though this was not the construction for which Ms Casey had argued, her Honour decided that Ms Casey’s PTSD was compensable because, like all her other injuries, it is a “bodily injury”.

The Court also found for Ms Casey on the damages she claimed, concluding that she is entitled, in accordance with the Civil Liability Act 2002 (NSW), to recover various economic and non-economic losses.

In Dr Helm’s case, all that remained in issue was an assessment of certain of the damages he claimed. The Court found for Dr Helm, determining, inter alia, that he is entitled to payment for future economic losses up to a retirement age of 70 and for future care needs from ages 40 to 75.

MTF...P2

[Kharon]

I note the PAIN associates have generated a long string of emails which I have diligently ploughed my way through; all related to the class of operation and the implications of classification for those on board.  There is only one way to describe the arguments, pro and con – they should not be occurring.

What the arguments demonstrate was summed up by the MConvict – 206 is bad law.  It has been bad law awaiting rectification since circa 1998.  It is still bad law to this day.  It is typical of the unholy mess CASA have created in their vainglorious, amateurish, bumbling  quest for 'regulatory' reform.  CASA have no intention of fixing the problem, the many escape paths and wriggle room for legal eagles make it an irresistible garden, in which to grow embuggerance. 

This should have been a simple matter, Medi-vac flight under Part XYZ, those involved insured either as essential crew members or passenger.  Hell, the way it stands BC husband was probably illegal, but who would know.  The operation was 'commercial' – as in not for free.  The doctor and nurse were not volunteers but paid, essential crew.  The flight crew were paid to be there.  It should not be so unclear that a Supreme court Judge must hear and rule on a complex matter, five years old, which involves multiple layers of legal contradiction, designed, capable and being argued down to the last comma in a sentence.

This is why bad law needs to be sorted, never mind charter or airwork – it was a commercial operation, employing professionals to ensure the safety of the passengers.  The rest is just semantics generated by a deliberately structured rule set which removes CASA from all responsibility and provides a screen behind which lawyers may whisper and plot.

Too little, too late, too long, too complex, too expensive and far too much bull shit.   The whole thing, as disgusting as it is dishonest now as it was 25 years and $250,000,000 ago.  Now tarnished and poorer, no closer to resolution now than it was a quarter century ago.

Selah.

[Peetwo]

I note the PAIN associates have generated a long string of emails which I have diligently ploughed my way through; all related to the class of operation and the implications of classification for those on board.  There is only one way to describe the arguments, pro and con – they should not be occurring.

What the arguments demonstrate was summed up by the MConvict – 206 is bad law.  It has been bad law awaiting rectification since circa 1998.  It is still bad law to this day.  It is typical of the unholy mess CASA have created in their vainglorious, amateurish, bumbling  quest for 'regulatory' reform.  CASA have no intention of fixing the problem, the many escape paths and wriggle room for legal eagles make it an irresistible garden, in which to grow embuggerance. 

This should have been a simple matter, Medi-vac flight under Part XYZ, those involved insured either as essential crew members or passenger.  Hell, the way it stands BC husband was probably illegal, but who would know.  The operation was 'commercial' – as in not for free.  The doctor and nurse were not volunteers but paid, essential crew.  The flight crew were paid to be there.  It should not be so unclear that a Supreme court Judge must hear and rule on a complex matter, five years old, which involves multiple layers of legal contradiction, designed, capable and being argued down to the last comma in a sentence.

This is why bad law needs to be sorted, never mind charter or airwork – it was a commercial operation, employing professionals to ensure the safety of the passengers.  The rest is just semantics generated by a deliberately structured rule set which removes CASA from all responsibility and provides a screen behind which lawyers may whisper and plot.

Too little, too late, too long, too complex, too expensive and far too much bull shit.   The whole thing, as disgusting as it is dishonest now as it was 25 years and $250,000,000 ago.  Now tarnished and poorer, no closer to resolution now than it was a quarter century ago.

Selah.

I too have been following the PAIN email chain.. ..& wholeheartedly agree with the Ferryman post..

I would also add that the changing definition for Aerial Ambulance/Medevac flights being categorised  as 'air transport' will only fix part of the problem that CAR206 is bad law. In any other 1st world country that are signatories to ICAO (which is all of them) for many years have adhered to the  'commercial air transport' definition as outlined in ICAO Annex 6, Parts I and III to the Chicago Convention.

Reference page 10 of CASA NPRM 1304:
 

3.1.1 Interpretation of medical transport flights

Leading aviation nations, such as the UK, Europe, Canada, New Zealand and the USA (for the USA, specifically when the patient is on board the aircraft), recognise that MT flights, including:

• patient inter-hospital retrieval
  
• international patient repatriation
  
• emergency medical service (EMS) operations,
  

 ..are conducted as air transport operations under the authority of an AOC issued by the operator’s State. It is widely understood that this approach to classification and level of regulation has many advantages for the overall context of these flights, particularly from operational and safety systems perspectives.

These nations have applied definitions and applicability of commercial air transport (CAT) Standards and Recommended Practices (SARPs) – as outlined in Annex 6, Parts I and III to the Chicago Convention – to their operations. In Annex 6 to the Chicago Convention, the International Civil Aviation Organization (ICAO) defines commercial air transport as:

commercial air transport operation (is) an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire.4

Clearly, the above mentioned countries have interpreted this to mean that the transport of passengers for MT flights is an AT operation, and have written their legislation for these operations accordingly. CASA is of the view that such an interpretation confers many safety advantages to MT flights, chiefly that the full range of organisational, equipment, flight crew and safety system standards confirmed by the issue of an AOC are applicable to such operations.

ICAO reinforces this through their definition of an AOC:

Air operator certificate (AOC). A certificate authorizing an operator to carry out specified commercial air transport operations5

I cannot help but think that until such time as CAR206 is banished to the dustbin of bad law, that we will again be revisiting this with other aerial work EMS operations. SAR for example can at various times have 'non-essential' crew on-board like volunteer Air Search Observers (ASOs), so how would they be classified in a similar incident/accident to the Norfolk ditching?

MTF..P2