Sterle wasn't too bad either...
...love it...
MTF...P2
...love it...
MTF...P2
Quote:Shufti (another way of writing it, the one usually given in dictionaries) is Arabic. In that language it means “have you seen?”. It’s a bit of military slang, picked up by British servicemen formerly based in the Middle East. The first recorded examples in print are from the Second World War, suggesting that it may have originated among soldiers in the desert campaign. However, Eric Partridge says that it actually started life with Royal Air Force stations in that area about 1925, but that it had spread to the Army by 1930. This seems probable, to judge from the extent of its use in World War Two, and the number of compounds it spawned, none of which seem to have survived the end of the War. Among them, Partridge mentions shuftiscope, which had a number of senses, one of which he defines with ponderous delicacy as “an instrument used by doctors for research in cases of dysentery"
Quote:Senator STERLE: For those listening out there, we do have indicative times, which we have always tried to work to in this committee. But there are some new rules. I will be doing my best to try and work within those times, bearing in mind that if it does go longer, I know that we can.It is also worth putting on the record the rather uncharacteristic outburst from Senator Sterle towards the end of the day's proceedings...
CHAIR: Can I indicate, for the purposes of Hansard, the cooperation that this committee has historically had. The rules have changed. I read an entertaining piece, which came from someone in today's proceedings. Someone sitting out the back there or back in the office has got what I call 'the shits' with us. But really, there is a change, and the Senate is working on fixing that, because the time limit is uncontrollable. But in this particular committee we try to do the right thing and we will certainly do our best today. I sincerely thank Senator Sterle and his people and the other members of this committee for their sense of cooperation. We may well go to 11 tonight or we may finish early. But what we would like to do is get through the program so that people who have sat there all day can get to have their say. Just for the purposes of remedy, the person who sent that rather cute note, which I have had pinned in my window for everyone to read for the past six months, I don’t mind if they quietly come to me and have a yarn. I will explain to them the difficulty of the change in the regulations around it. Then we can go off and have a quiet glass of wine, perhaps. Over to you, Senator Sterle.
Quote:Senator STERLE: I want to follow up to Senator Bullock's questions, when he was talking about the regulation or regulating who can be in the cockpit. Mr Skidmore, let us play a little game. Let's try yes and no. I do not want to be rude, but if there is a bit of waffle I am going to be rude. Sorry to be direct at a quarter to 11 at night. Let's see how we go. Have there been any attempts to prescribe this in regulations in recent years: who can come in the cockpit?
Mr Skidmore : No.
Senator STERLE: None at all?
Mr Skidmore : No.
Senator STERLE: I am going to move on to a completely different line of questioning and it is to do with an operator in Perth who has raised these questions with me and I think they are valid. There are a number of questions. I am going to try and get through as quickly as we can so we can move to Senator Xenophon but without cutting short. My questions will be directed to the multicrew cooperation training course. Can you outline the consultation process followed ahead of introduction of the mandatory MCC training course?
Mr Skidmore : I will ask my executive manager of standards to cover that.
Senator STERLE: Sure.
Mr Boyd : Your question is about—
Senator STERLE: Consultation.
Mr Boyd : The particular part you are referring to was part of the licensing regulations.
Senator STERLE: I am aware of this. Let's get straight to the point, Mr Boyd. What was your consultation?
Mr Boyd : They went through the normal consultation process.
Senator STERLE: Tell me what the normal consultation process is. Who did you meet with? Who did you talk to? When? How many times?
Mr Boyd : Look, in terms of that—
Senator STERLE: No, not look. I have asked you some questions, please.
Mr Boyd : I will have to take it on notice for that particular—
Senator STERLE: You do not know? You cannot tell me. You have just been called up because you are the man and you cannot tell me what the consultation process for—
Mr Skidmore : We have a process that we go through—
Senator STERLE: I will tell you what we will do.
Mr Skidmore : We can outline the process for you.
Senator STERLE: No, I will tell you what we will do this late at night, through you, Chair. I am not going to be entertained with this nonsense and waffle. I am going to ask that they come back tomorrow morning and bring back all the information about the MCC—and I will accede to Senator to Xenophon—because this is typical of CASA. If you cannot give me an honest, straightforward answer, come back tomorrow armed with everything that I need.
CHAIR: Order! Thank you very much for your contribution, Senator Sterle, but I am going—
Senator STERLE: Are they going to come back tomorrow with the all information on the MCC?
Senator CASH: I think we have established that we require CASA to come back tomorrow.
Senator STERLE: Thank you very much.
Senator CASH: But we do not need to be rude to them.
Senator STERLE: I am not being rude, but at this time of night—you see, Senator Cash, I have taken 10 years of this sort of stuff.
Senator CASH: That is fine—
Senator STERLE: And when bureaucrats get called to the table they go, 'Er, ah, um, I don't know.' Don't waste time.
Quote:Department of Infrastructure and Regional Development
Tabled Documents
View File
1.) Four documents relating to asset recycling. Tabled by Mr Mike Mrdak, Secretary, Department of Infrastructure and Regional Development on 27 May 2015.
(PDF 7274 KB)
2.) Opening statement. Tabled by Mr Mark Skidmore, Director of Aviation Safety, Civil Aviation Safety Authority on 27 May 2015.
(PDF 621 KB)
4.) Document titled 'Response to TSB recommendations'. Tabled by Mr Martin Dolan, Chief Commissioner, Australian Transport Safety Bureau on 28 May 2015.
(PDF 537 KB)
5.) Document titled 'Target Review of Melbourne Land and Hold Short Operations (LAHSO) Safety Assurance'. Tabled by Ms Margaret Staib, Chief Executive Officer, Airservices Australia on 28 May 2015.
(PDF 838KB)
6.) Document titled 'Airservices Response to the Review of Melbourne Land and Hold Operations (LAHSO) Safety Assurance. Tabled by Ms Margaret Staib, Chief Executive Officer, Airservices Australia on 28 May 2015.
(PDF 97KB)
Additional information and clarification of evidence
View File
1.) Clarification of evidence received 1 June 2015 from Mr Peter Foley, Program Director, Operational Search for MH370, Australian Transport Safety Bureau.
(PDF 91KB)Hansard etc. released
Quote:#46 – 24. 05.15. ASA on centre stage for 90 minutes at 2130. If you were a Senator, where would you start? I mean FFS. We could start with a prayer of thanks to the ATCO who despite all odds, turn up every day and manage to keep aircraft separated. But what goes on above that level and beneath the Houston radar has to be one of the greatest travesties in Australian history. Perhaps the scant 90 minutes could be used to mount an appeal to Houston. "Oi, Angus, sort this bloody management shambles out – Please, for pities sake". Maybe the BRB can draft it, save a shed load of time.
Quote:Deep into that darkness peering, long I stood there, wondering, fearing, doubting, dreaming dreams no mortal ever dared to dream before. (Poe).
Quote:Richard:
"O coward conscience, how dost thou afflict me!"
Quote:P7: Snipe for tonight, irresistible.
Hey, P2: – one of your favourite journalists is under fire from a UP troll. Seems his reporting is to be denigrated by the resident experts, inaccurate, according to ASA who have decorously not screamed this from the roof tops. It is worth looking at the track record of the ‘slagger’; 616 post in 12 years – content? - well, do your own home work. Still it’s only on the UP, so no one in the real world gives a toss. Higgins could and probably would, if the mood moved him, box his silly ears. Where do they get these people, those who cannot write a letter to the editor of the Australian, or even a UP o’gram to concisely point out the alleged ‘flaws’ and force a retraction. UP trolls, not only dopey, but gutless.
Quote:Senators agog at $800,000 air bonuses for Airservices Australia
- by: EAN HIGGINS
- From: The Australian
- June 19, 2015 12:00AM
Reporter
Sydney
Labor and Coalition senators have voiced concerns about a spike in the salary and bonus pool for senior executives at Airservices Australia, with one calling for an independent audit.
The move follows revelations in The Australian this week that fewer than a dozen executives had their salary pool expanded by more than 40 per cent last financial year to nearly $4 million, and within that the bonus pool increased by 60 per cent to nearly $800,000.
The senators also expressed concern at a decision by Airservices to not report a credit card travel rort fraud to police, despite being warned last year that failure to do so could constitute a criminal offence.
Airservices claims the massive rises in the senior executive salary pool between 2012-13 and 2013-14 reflected changes to the composition of the executive team, and an evening-out of an earlier dip in remuneration.
Airservices initially claimed the average rise in “remuneration” was 2.25 per cent, but under further questioning yesterday admitted this only covered base salary.
With the rise in bonuses, it now claims total average remuneration rose by 5.2 per cent.
Airservices has refused to provide a full breakdown of the executive salary and bonus increases to allow its claims to be tested.
It has also not confirmed or denied inside information reaching The Australian that several senior executives who are not based at Airservices headquarters in Canberra are on travel allowances beyond their salaries of the order of $90,000.
But a spokesman said: “Airservices is a national organisation with significant operations in all capital cities.”
Labor senator Glenn Sterle called for an independent audit, saying: “Someone has to be accountable.”
His colleague Alex Gallacher said Airservices had a monopoly on provision of air traffic control across the nation. “To get a bonus in all this is extraordinary,” Senator Gallacher said.
At a Senate estimates hearing in October, committee members expressed concern when Airservices chief executive Margaret Staib said a credit card fraud perpetrated by a middle manager, which she put at $10,000 to $20,000, had not been reported to law enforcement authorities.
Quote:Dear Editor,[*]
Your articles today ‘Air salaries up and Houston pushed to clarify $4m blowout’ (Monday 15 June 2015) and headlines contained serious inaccuracies in reference to executive remuneration.
Any assertion that salaries for Airservices senior executives rose by more than 40 per cent is not correct and your journalist was advised of this prior to publication. It is also incorrect to suggest there was a “$4m blowout” in executive salaries.
As we advised, the average remuneration increase for our senior executives was 2.25 per cent between 2012-13 and 2013-14.
We also advised prior to publication that during the two-year period in question, there were several changes to the composition of the Executive and it is not accurate to do a simple dollar comparison from year to year. This includes partial year data for new members of the Executive in 2012-13, while the 2013-14 remuneration data includes one-off entitlements such as accrued leave and long service leave paid to a departing long-serving member of staff in 2013-14.
Reporting in this way is false and misleading and we request a correction be published as soon as possible.
Airservices reports all executive salaries in line with government legislation through our Annual Reports. Airservices has demonstrated its commitment to financial restraint by implementing an Executive pay freeze for the 2014-15 financial year, which is still in place for the upcoming 2015-16 financial year. This wage restraint extends to all members of the senior leadership team who report to the Executive.
Yours sincerely,
Mairi Barton
Executive General Manager
Corporate and Industry Affairs
(06-19-2015, 08:02 AM)Peetwo Wrote:[*]Quote:Senators agog at $800,000 air bonuses for Airservices Australia
Labor and Coalition senators have voiced concerns about a spike in the salary and bonus pool for senior executives at Airservices Australia, with one calling for an independent audit.
The move follows revelations in The Australian this week that fewer than a dozen executives had their salary pool expanded by more than 40 per cent last financial year to nearly $4 million, and within that the bonus pool increased by 60 per cent to nearly $800,000.
The senators also expressed concern at a decision by Airservices to not report a credit card travel rort fraud to police, despite being warned last year that failure to do so could constitute a criminal offence.
Airservices claims the massive rises in the senior executive salary pool between 2012-13 and 2013-14 reflected changes to the composition of the executive team, and an evening-out of an earlier dip in remuneration.
Airservices initially claimed the average rise in “remuneration” was 2.25 per cent, but under further questioning yesterday admitted this only covered base salary.
With the rise in bonuses, it now claims total average remuneration rose by 5.2 per cent.
Airservices has refused to provide a full breakdown of the executive salary and bonus increases to allow its claims to be tested.
It has also not confirmed or denied inside information reaching The Australian that several senior executives who are not based at Airservices headquarters in Canberra are on travel allowances beyond their salaries of the order of $90,000.
But a spokesman said: “Airservices is a national organisation with significant operations in all capital cities.”
Labor senator Glenn Sterle called for an independent audit, saying: “Someone has to be accountable.”
His colleague Alex Gallacher said Airservices had a monopoly on provision of air traffic control across the nation. “To get a bonus in all this is extraordinary,” Senator Gallacher said.
At a Senate estimates hearing in October, committee members expressed concern when Airservices chief executive Margaret Staib said a credit card fraud perpetrated by a middle manager, which she put at $10,000 to $20,000, had not been reported to law enforcement authorities.
[*]Here is a link for the ASA letter to the Oz - Response to The Australian
Quote:Senate speeds Airservices inquiry[*]
- by: EAN HIGGINS
- From: The Australian
- June 20, 2015 12:00AM
Reporter
Sydney
Retired Air Chief Marshal Angus Houston, appointed chair of Airservices Australia in 2012. Picture: Justin Benson-Cooper Source: News Corp Australia
The Senate is fast-tracking an inquiry into Airservices Australia following revelations of a blowout in executive pay, alleged credit-card rorting and its failure to gain approval for major capital works.
The move follows The Australian’s revelations recently of a 40 per cent-plus rise in senior executive salaries, including a 60 per cent increase in performance bonuses to nearly $800,000 for fewer than a dozen managers.
The inquiry will also look into aviation issues facing Airservices, which runs the nation’s air traffic control system and airport firefighting services, including whether controlled airspace should be extended where radar is available.
It will canvass whether firefighters at regional airports without control towers should be trained to use the Unicom radio service to give basic air-traffic and weather information to pilots.
The inquiry will subpoena Airservices’ financial records to hold an audit and call witnesses, including chairman Angus Houston.
The Senate’s rural, regional affairs and transport legislation committee plans to meet the week after next to map out the investigation, with a view to holding public hearings in one or two months.
The committee chairman, Liberal senator Bill Heffernan, said the inquiry would examine “recent revelations” and other matters, but declined to comment further.
The revelations have given Labor and Coalition committee members the impetus to delve into a government-owned organisation that they believe has serious issues of administration, transparency and accountability.
The committee’s senior Labor senator, Glenn Sterle, noted the revelation in 2012 that then Airservices chief executive Greg Russell had run up a corporate credit-card bill of $243,702 between January 2007 and August 2010.
He resigned soon after the exposure but Airservices defended the credit-card use as acceptable for an executive whose job required him to travel internationally and to host senior aviation officials.
Senator Sterle said the organisation had to be held accountable, saying this applied to replacement chief executive Margaret Staib, the board and Sir Angus.
A Coalition senator said: “It seems to me it has been a seriously uninspected operation.”
At a Senate estimates hearing in October, committee members of all parties castigated Ms Staib, criticising Airservices’ failure to meet its statutory obligation to advise the Senate of major capital works proposals.
They were also incredulous that alleged credit- card fraud by a middle manager had not been reported to police.
Although she promised senators she would consider the matter, Ms Staib never reported the alleged fraud, informing Senator Heffernan by letter that the established loss amounted to less than $3000 and she had used her statutory discretion to not refer it.
Yesterday, Airservices said the bigger salary pool for senior executives reflected changes in the composition of top management and an adjustment after a dip.
It said the average rise in base salary last financial year was 2.25 per cent and, according to its calculations, 5.2 per cent including bonuses.
(06-20-2015, 12:55 AM)Peetwo Wrote:Quote:Senate speeds Airservices inquiry
- by: EAN HIGGINS
- From: The Australian
- June 20, 2015 12:00AM
Reporter
Sydney
Retired Air Chief Marshal Angus Houston, appointed chair of Airservices Australia in 2012. Picture: Justin Benson-Cooper Source: News Corp Australia
The Senate is fast-tracking an inquiry into Airservices Australia following revelations of a blowout in executive pay, alleged credit-card rorting and its failure to gain approval for major capital works.
The move follows The Australian’s revelations recently of a 40 per cent-plus rise in senior executive salaries, including a 60 per cent increase in performance bonuses to nearly $800,000 for fewer than a dozen managers.
The inquiry will also look into aviation issues facing Airservices, which runs the nation’s air traffic control system and airport firefighting services, including whether controlled airspace should be extended where radar is available.
It will canvass whether firefighters at regional airports without control towers should be trained to use the Unicom radio service to give basic air-traffic and weather information to pilots.
The inquiry will subpoena Airservices’ financial records to hold an audit and call witnesses, including chairman Angus Houston.
The Senate’s rural, regional affairs and transport legislation committee plans to meet the week after next to map out the investigation, with a view to holding public hearings in one or two months.
The committee chairman, Liberal senator Bill Heffernan, said the inquiry would examine “recent revelations” and other matters, but declined to comment further.
The revelations have given Labor and Coalition committee members the impetus to delve into a government-owned organisation that they believe has serious issues of administration, transparency and accountability.
The committee’s senior Labor senator, Glenn Sterle, noted the revelation in 2012 that then Airservices chief executive Greg Russell had run up a corporate credit-card bill of $243,702 between January 2007 and August 2010.
He resigned soon after the exposure but Airservices defended the credit-card use as acceptable for an executive whose job required him to travel internationally and to host senior aviation officials.
Senator Sterle said the organisation had to be held accountable, saying this applied to replacement chief executive Margaret Staib, the board and Sir Angus.
A Coalition senator said: “It seems to me it has been a seriously uninspected operation.”
At a Senate estimates hearing in October, committee members of all parties castigated Ms Staib, criticising Airservices’ failure to meet its statutory obligation to advise the Senate of major capital works proposals.
They were also incredulous that alleged credit- card fraud by a middle manager had not been reported to police.
Although she promised senators she would consider the matter, Ms Staib never reported the alleged fraud, informing Senator Heffernan by letter that the established loss amounted to less than $3000 and she had used her statutory discretion to not refer it.
Yesterday, Airservices said the bigger salary pool for senior executives reflected changes in the composition of top management and an adjustment after a dip.
It said the average rise in base salary last financial year was 2.25 per cent and, according to its calculations, 5.2 per cent including bonuses.
(06-22-2015, 12:56 PM)Gobbledock Wrote: Sterle hit the jackpot with this;
"Labor senator Glenn Sterle called for an independent audit, saying: “Someone has to be accountable"
And this;
"Senator Sterle said the organisation had to be held accountable, saying this applied to replacement chief executive Margaret Staib, the board and Sir Angus"
Staib should be the first head to roll, followed by Houston. These are the people in the organisation where the buck stops. However one still needs to drill further and ask some big questions about the Miniscules Chief Mandarin, Pumpkin Head. He must be equally called to account for successive clusterf#cks within the alphabet soup organisations.
Sterle also said;
"The committee’s senior Labor senator, Glenn Sterle, noted the revelation in 2012 that then Airservices chief executive Greg Russell had run up a corporate credit-card bill of $243,702 between January 2007 and August 2010.
He resigned soon after the exposure but Airservices defended the credit-card use as acceptable for an executive whose job required him to travel internationally and to host senior aviation officials"
That was one mighty deep trough! And ironically when the shit hit the fan Russell bolted and commenced work with the very company that was awarded a $1 billion contract he signed off on for ASA. Perhaps the Senators can take a closer look at that little number?
It has become very plain to see that ASA has been run like it is some kind of personal bank account for some. The rot is still emanating from deep within, and not just within the remaining members of the Russellites!
And what about the contaminated airport land PFC issues? ASA are keeping pretty quiet on that slowly festering issue? Can the Senators perhaps ask Staib and friends what the game plan is in regards to that potential multi billion dollar problem??
Margie, Angus, Hoody, Miniscule, Pumpkin Head - TICK TOCK
Quote:18 August 2015
- Senate Rural and Regional Affairs and Transport Legislation Committee
Contact: Committee Secretary, Tim Watling (02) 6277 3510
Performance of Airservices Australia
CANBERRA ACT: Committee Room 2S3, Parliament House, 5.00pm - 7.00pm
Quote:Senate Standing Committee of Privileges
Current Inquiries
See Also:
- Possible imposition of a penalty on a witness before the Rural and Regional Affairs and Trasport References Committee or a person providing information to the committee
Status: Referred to the Senate Standing Committee of Privileges
Date Referred: 14 July 2014
Quote:102/293/ATSB/XENOPHON/Breakdown in communicationHmm...wonder if that bit in bold at the end from Mr Godley, was part of Dolan's prepared script??
…
Senator XENOPHON: No. I am not trying to do circle work. This is important. Will the ATSB at least look at the publicly available information on WebTrak out of the two airports for that three-hour period to see whether there was a loss of separation assurance?
Mr Dolan: We thought it was more effective to ask Airservices to take a look at the tapes and to provide us with their view as to whether there had been a loss of separation assurance.
Senator WILLIAMS: How long would it take you to look at what Senator Xenophon is requesting? How long would it take you to look at that information? A couple of hours?
Mr Dolan: Possibly. It would need to be done by someone with air traffic control experience so that they could understand it, and we have a range of priorities that we have got our limited air traffic control expertise focused on. This is a matter of the management of limited resources.
Senator XENOPHON: Could you please, Chief Commissioner, take on notice whether the ATSB will be taking this matter any further, at the very least, to look at the WebTrak for that three-hour period out of the Essendon and Melbourne airports, and also whether it would look at radar tapes? Also, it appears, from what has been put to me, that there is a fundamental issue that Airservices did not give you the full story initially.
Mr Dolan: In terms of not being informed of a three-hour period, that is true.
Senator XENOPHON: Does that not worry you, Mr Dolan?
Mr Godley: Could I just clarify something, Senator? We did have one of our air traffic control investigators review the whole three hours. What happened was that after the repcon we got back to Airservices. They reviewed the tapes and said there was no loss of separation or loss of separation assurance. Our ATC investigator then reviewed the three hours. She determined that there was a potential loss of separation between two aircraft. But, due to the limitations of WebTrak, she could not be sure.
Quote:Mr Godley: Could I just clarify something, Senator? We did have one of our air traffic control investigators review the whole three hours. What happened was that after the repcon we got back to Airservices. They reviewed the tapes and said there was no loss of separation or loss of separation assurance. Our ATC investigator then reviewed the three hours. She determined that there was a potential loss of separation between two aircraft. But, due to the limitations of WebTrak, she could not be sure.
Quote:1. A proud look
2. A lying tongue3. Hands that shed innocent blood4. A heart that devises wicked plots5. Feet that are swift to run into mischief6. A deceitful witness that uttereth lies7. Him that soweth discord among brethren (Proverbs 6).
Quote:TB – “Could this be the reason why CAsA is now becoming an impediment to safety?
So bound up with legal liability and using it as an excuse to shirk their responsibilities, to not only strangle the industry but strangle safety as well."
Quote:Quote:[My Bolding] This paper could very well have been written exclusively about CAsA.
IN 2009, more than 50,000 pages of new laws were enacted at the federal, state and territory levels. These were in addition to the 100,000s of pages of existing laws.
The consequences are serious. The first is that Australia will cease to be a world leader in being governed in accordance with the rule of law, and instead become ruled by law (there being a fundamental difference). Secondly, the rule of law will be progressively replaced by the rule of the regulator, the antithesis of the rule of law.
(This perhaps could explain the general frustration that pervades the industry,
"We want to comply but with what?")
As the number and complexities of laws increase, there is a corresponding decrease in knowing and voluntarily observing the laws by the community.
And, as it becomes practically impossible for the community to know, let alone apply the law, ensuring compliance is passed to the persons charged with administering the laws - such as ASIC, ACCC, ATO - the regulators. However, it is not practical for the regulators to enforce the mass of laws against everyone, nor even against one person, all the time. They therefore announce how they will apply the law, impose penalties on those who act otherwise, and reward those who act in accordance with their blessings. A few are prosecuted as a warning to the rest of the community. In this way, the rule of the regulator begins.
The result is a fundamental shift in the relationship between the individual and the law. Increasingly, the relationship is not of the individual knowing and complying with what the law states, but of knowing and complying with what the regulators state the law states, and then knowing the extent to which the regulators will apply the law as stated by them.
For many, the new relationship focuses on not being seen by the regulators; keeping the lowest possible profile on those matters that the regulators prioritise for enforcement. What is of practical importance is the relationship of the individual with the regulators. For in such an environment few have the time, fortitude or money to be visible to the regulators and to apply the law in a way that differs from the one taken by the regulators.
(The hundreds of thousands of dollars spend each year by industry for approvals)
This new relationship can also be readily observed by the practical necessity of going cap in hand to the regulators for approval to carry out many transactions.
For example, in the last eight years the ATO has issued more than 80,000 private rulings on what it says the law says (these rulings became law to the applicant, regardless of what the High Court might declare the law to mean for the rest of the community). No new law administers itself. More and more people are required to be employed by regulators to enforce an increasing number of laws. This becomes difficult, and the next stage in the shift to regulator rule begins.
One of the first signs of this shift is the conferral on the regulators of more and more powers of search, access to private property, detention, telephone tapping, together with the increase in penalties. This happens not because a material number of Australians have suddenly become terrorists or members of organised crime. Rather, the intimidation of existing powers is believed insufficient to obtain compliance, so greater powers and harsher penalties are deemed necessary. Yet the futility of forcing compliance in this way was seen centuries ago by the penalty of hanging for stealing a loaf of bread. Further, the regulators increasingly find it difficult before an independent court to obtain a conviction. The regulators know that a crime has been committed but are frustrated because they have not the powers to get the evidence or get the court to agree with their view of the law. For those who doubt whether Australia is at this stage, they need look no further than the recent unsuccessful prosecutions by ASIC.
(Strict Liability?)
One of the other signs of the rule of the regulator is the attempt to reverse the onus of proof so that the regulators can get convictions to send a clear message to the rest of the community. The Australian courts are a real impediment to regulators in this regard as they insist that no one is presumed to be guilty unless proved so. However, if an Act reverses the onus of proof a court can do nothing. The legislative attempts to reverse the onus of proof come in several forms, often behind a government announcement (regardless of political persuasion) that it is "streamlining" or "codifying" the existing laws.
( CAsA's spin doctors continually try to create an impression in the publics minds that aviators are a bunch of homicidal maniacs, held in check by CAsA.)
This is often accompanied by government publicity demonising the group to be subject to the new law.
It is fundamental to the Australian way of life that everyone, whether an alleged terrorist or member of organised crime group, or an ordinary Australian, is presumed to be innocent until the prosecution proves otherwise. Any attempts to weaken that principle must be strongly and loudly resisted.
Robin Speed is president of the Rule of Law Association of Australia.
What I find so hard to get my head around is, our regulator appears staffed by people so inept, so incompetent that it takes them thousands of pages and hundreds of millions of taxpayer dollars to enunciate rules and standards that many would say require a law degree to be understood.
Part 61 for example.
2400 pages of legislature that very few if anyone completely understand, compared with New Zealand or the USA 80 odd pages that everyone understands. Will any of these thousands of pages have the slightest affect on safety, extremely debatable, businesses will struggle to survive, and as their regulatory costs double and triple with each new plethora of regulation, money will get diverted from real safety initiatives. People will attempt to comply but when they see that its impossible they will attempt to become invisible to the regulator and hope for the best, such is the level of mistrust that currently exists between the regulated and the regulator.
Less aviation may help the statistics, but ultimately be self defeating, we can only dream of a safety environment that exists in the USA.
I cannot accept that there are not people in CAsA intelligent enough to realize the impossible task they have set the industry.
Comply with rules only half understood, comply with rules that are impossible to afford, comply with rules that are impossible to comply with, comply with rules that serve no definable purpose, let alone advance the cause of safety.
Nobody could be that stupid therefore I surmise a hidden hand directing all this.
For what purpose I can but guess.