[Peetwo]

CASA AvMed says that zero accidents due to ‘exotic medical conditions’ is caused by its pursuit of the noble cause of the safety of air navigation. Not sure how that works with all the pilots who fly without the ‘benefit’ of a CASA medical certificate, though…

There is a provision in the Civil Aviation Act that authorises CASA to make regulations contrary to the anti-discrimination legislation.

This one? https://www8.austlii.edu.au/cgi-in/viewd...04729.html

Human Rights and Equal Opportunity Commission exemption
Under section 55 of the DDA and section 44 of the SDA, the Human Rights and Equal Opportunity Commission (HREOC) may grant exemptions from specified provisions of those Acts. On 26 November 2002 HREOC granted a conditional exemption to persons acting pursuant to the then existing Civil Aviation Regulations regarding medical fitness, or pursuant to amendments to those regulations that were proposed at that time, for a period of 5 years. The exemptions were granted subject to the condition that they were �to apply only where a person�s pregnancy (for the purposes of the SDA) or disability (for the purposes of the DDA) prevents the person safely fulfilling the inherent requirements of the role covered by the licence concerned�.(6)

In the process leading up to HREOC granting an exemption, submissions were received from a number of bodies. Most opposed the grant of an exemption, primarily taking issue with the current colour blindness standards and arguing that current colour blindness testing is inappropriately restrictive.(7) The situation in relation to colour blindness following the granting of the exemption appears uncertain as it may be argued that a disability constituted by a level of colour blindness that purportedly would result in the refusal of a licence does not prevent the person concerned from �safely fulfilling the inherent requirements of the role covered by the licence concerned�.

Civil Air also opposed the requirement that a pregnant air traffic controller be required to obtain two medical clearances in order to continue work after the 30th week of pregnancy. They argued that this requirement was unduly onerous.(8)

The exemption granted by HREOC relates only to medical fitness to hold licences granted by the Civil Aviation Safety Authority (CASA). It does not relate to discrimination that may occur in the aviation regulations otherwise than in relation to licences.