[Peetwo]

Meanwhile - beneath the Iceberg.

Non aviation folk (Muggles - ) particularly in Australia are well accustomed to ‘over regulation’; so it’s no surprise when aviation starts screaming about the same. Most folk would just point to their industry ‘manuals’, shrug and say ‘you are not Robinson Crusoe mate; look at this pile of guff”. This is a fair call; however, the thing that those who ‘rubber stamp’ aviation law fail to understand is just how ‘badly’ formed the underpinning for those regulations is. I intend to bang on about this, so bail out now if not interested. I might add this opinion is a summary (thumb nail in tar) of many hours of BRB discussion and PAIN research. Are you sitting comfortably – then I’ll begin.

The two posts by TB (above) introduce a sketch of just two examples. Part 61 is an appalling load of clap-trap; the following comparison between Australia 91, the USA and NZ versions are an easily understood example of differences between ‘professional/collaborative/practical‘ law and the Australian ‘gobbledygook’ version. The how; and, the why  this is so is the subject topic.

TB – “The new Australian regulations are rich in similar examples of “amateurish regulatory framing.”

“Amateurish Regulatory Framing” jumps off the page and it is here, at the grass roots we must begin our journey in the not too plush offices of the Down Under Charter Kompany – trading as Duck Air (DA). The directors of DA have bought a new company – registered and badged up – nice and legal.(tick). Developed a business plan (tick) Thrown some money into a bank account (tick) Opened an office (tick) identified their aircraft (tick) now then: What’s next. Well, the will need a licence to operate – to wit – an Air Operators Certificate (AOC). To do this they must first engage a Chief Pilot (CP) A.K.A. the donkey on which the tail may be pinned. To this unfortunate falls the task of gaining the AOC; first step – produce a grandiosely titled ‘Exposition’ which is a flash expression for an Operation Manual (OM). Here begins a nightmare journey through the swamps and dark places of Sleepy Hollow.

Potted version – sincere apologies to the ‘experts’. ‘Tis but a twiddle to spark a light for the dim candle, not yet lit.

To begin with, nearly every CP on this planet has not ever had any ‘legal’ training, let alone completed a law degree. The CP may well be and most probably is an experienced pilot familiar with Air Law; and, in an operational sense have a good grasp of the requirements. So far, so good. So armed with quill, ink and candle the CP sits down to begin drafting ‘the Manual’. I’ll labour this point because it is important. It is not enough to simply state ‘we will comply with part XXX’. The ‘manual’ must define ‘how’ compliance will be achieved. Try an experiment – if you can bear it ( I have and the results were both hilarious and terrifying). Get half a dozen pilots to write a section of an OM related to a topic of choice – pick one. Turn ‘em loose, give ‘em a week, then collect every scrap of paper they’ve written – from the first to the last attempt. The pattern will be similar; the first attempt a sketch, the second will be ‘wordy’ using all manner of legalese, long winded and fanciful. The third, and possibly the last iteration will be so convoluted and confounded as to beggar imagination.

Therein, lays one of the many base line problems DUCK faces. It is from this basic problem that most of the current buggers muddle, we call ‘the Reg’s’ stems. Take part 61 as the quintessential example of an amateurs wet dream; their own inexperienced notions and attempts to impress writ large. This rule set has little bearing on providing safe, competent, properly trained pilots but did achieve the desired effect of ‘self promotion’. This, stand alone is not a good thing but when it hit the legal boys desks; like Topsy it grew to monster proportions. Then it all goes to yet another legal department to be drafted (as per instructions) into ‘law’. Then, like grass through a goose, the parliament approves the 'expert' thesis without question and the whole shemozzle is foisted onto the flying school industry. So the cycle begins the CP of DUCK now begins to expand the expansion; without any legal training to assist in actually understanding what the legal fraternity can do with one sentence, let alone thousands of pages. So the case against DUCK is aided and abetted by good intention, practical application and lay interpretation.

That is the problem aviation faces; the analysis of ‘why’ there must be a rule; followed by the manner in which that rule is presented; supporting reasoning for the rule being required and a clear understanding ‘how’ that rule is to be applied is lost in the thousands of pages produced to provide ‘safe prosecution’ – out of court, as far away from the rule of law as possible.

When you begin to understand the fundamental flaws in the system and the damage those flaws produce; perhaps the reason many cry out for real reform of CASA and the regulations will become clear (ish). An added bonus would be some form of accountability and control of the CASA; for at the moment there is none, there not even anyone in the parliament who will take the time; or even have enough knowledge of matters aeronautical to realise that their casual ‘rubber stamping’ of gobbledygook has almost destroyed an industry.


Toot – toot..

Reproduced in the vain hope that someone, somewhere will get the message,  get off their arse and actually 'do something' .

And further to the above...  

Sandy comment to - Via the Oz:   

PM’s bid to curb union power, fire up business

SIMON BENSON
NATIONAL AFFAIRS EDITOR

RICHARD FERGUSON
REPORTER
@RichAFerguson

12:00AM JUNE 24, 2019




Prime Minister Scott Morrison.

Scott Morrison will launch a ­renewed offensive on union militancy as an economic imperative while calling on Australian workers to help refuel the economy by spending their tax cuts of up to $1080 amid central bank warnings of slowing growth.

In his first domestic speech since the election, the Prime Minister will today intensify pressure on Labor leader Anthony Albanese ahead of a shadow cabinet meeting expected to thrash out Labor’s position on whether to back the $158 billion tax package.

It comes as former union boss and co-architect of the modern economy Bill Kelty rejected Labor’s tax agenda and backed the Coalition’s move to lower the top rates of personal income tax while calling on both sides to tackle further reform, including broadening the tax base.

“I support much, much lower personal income tax rates and marginal rates across the board, including the top. A top marginal rate of 50 per cent is just crazy,” he told The Australian.

Further calls from within Labor circles to accept the government’s mandate came yesterday from another former union boss and Labor cabinet minister, Martin Ferguson, who said the issue had been debated for a year and had now been decided by voters.

Addressing the WA business chamber today, Mr Morrison will reveal he asked his new ­Industrial Relations Minister Christian Porter to conduct a fresh review of the system to examine barriers to economic gains.

The Prime Minister has also ­issued a second challenge to Labor to also pass stalled workplace reforms dealing with union corruption and industrial militancy which Mr Morrison has said he would make a priority when parliament returns.

With the Reserve Bank warning fiscal stimulus is needed on top of monetary policy, Mr Morrison has also flagged a second wave of deregulation to accelerate investment and fuel jobs growth. “Our job post-election is now very clear — to get Australians off the economic sidelines and on the field again,” Mr Morrison will say according a draft of his first domestic address since the election.

“First, how we will get things moving by lowering taxes, sharpening the incentives to work and invest, and get infrastructure projects under way.

“Secondly, provoking the ‘animal spirits’ in our economy by ­removing regulatory and bureaucratic barriers to businesses investing and creating more jobs.

“And thirdly, boosting the economy’s long-term growth ­potential by unlocking greater economic dynamism and productivity by lifting our skills capabilities and driving uptake of new digital technologies to promote innovation and competition in our financial system.”

Labor Treasury spokesman Jim Chalmers yesterday softened his language ahead of today’s shadow cabinet meeting, claiming there would be more “internal consultation” before a decision was made. But he said with parliament not due to return until next week, there was “no rush”.

The Australian, however, has been told by several senior Labor MPs that they were expecting a position would be set today following intensifying pressure from backbench MPs who claim they were being left with the task of ­explaining to constituents why Labor was rejecting tax cuts.

Mr Morrison will say in his speech: “Labor’s high-taxing ­agenda has now been rejected at two successive elections. The fact Labor are having to be dragged kicking and screaming, putting up one excuse and ruse after another, shows they simply don’t understand that when you find yourself in a hole, you should stop digging.

“Our proposed tax relief doesn’t just have a strong political mandate. It has a compelling policy rationale.”

Mr Morrison will say investment crucial to growth also needs to be protected “from the impact of militant unions”.

The union/Labor dynamic of today, in the wake of the Setka scandal, was a “very far cry from the balanced relationship of the Hawke-Crean-Kelty alliance of the past,” Mr Morrison says.

“When we’re back in parliament next week, another of our priorities is to introduce laws to give greater powers to deal with registered organisations and officials who regularly break the law, prohibit officials who are not fit and proper persons from holding office, and stop the rorting of worker entitlement funds.”

Mr Kelty, who was the co-­architect of the Hawke-Keating government’s 1980s economic ­accord as ACTU secretary, told The Australian that neither side of politics was tackling real tax reform but supported the government’s agenda of driving down income tax rates.

“We have to look back at the Hawke-Keating tax reforms and even the Howard reforms. We need a broader base of taxation,” he said. “There has to be a tax system for the future and draw a line under the two systems. You can either have much, much lower personal income taxes or the concessions — capital gains tax, negative gearing. The government’s plan is not tax reform … it advantages some groups and disadvantages others. Labor’s plan before the election was not real tax reform either.

“Both parties are taking the right steps … I think there needs to be proper consideration of this (tax package by Labor) and we need to actually reform the tax system completely.”

Mr Ferguson, a former ACTU president, called on his own party to move out of the way of the ­Coalition’s tax plans.

The government wants the tax package passed by July 4 to deliver the maximum benefits of $1080 under its first stage.

Now the chair of Tourism ­Accommodation Australia, Mr Ferguson said more than one million workers in the tourism and hospitality sectors would receive immediate tax relief.

“For Australia’s accommodation and tourism businesses to secure growth from increased domestic spending, it is critical that Australians are able to keep more of their own money,” he said.

“Passing the whole of the government’s tax cuts will help everyone — from the businesses who rely on people feeling confident to spend more, right through to the hundreds of thousands workers in the hotel industry who will receive immediate income tax relief.

“We have had a long and comprehensive national debate about the proposed income tax cuts, including a federal election where the government was returned to office with an increased majority. It is now time for the parliament to pass the necessary legislation.”

Finance Minister Mathias Cormann, speaking from Berlin where he is in negotiations over a EU free-trade agreement, continued his attack on Labor’s refusal to so far support the bill.

“It is very important for Jim Chalmers to understand that we won’t split the bill giving effect to our plan,” he said.
“Our first priority is tax cuts for low-income earners, but Australia needs our entire plan ­legislated.”

Sandy in reply:

Alexander

12 HOURS AGO

“Secondly, provoking the ‘animal spirits’ in our economy by ­removing regulatory and bureaucratic barriers to businesses investing and creating more jobs.“

This will cut no ice with the few thousands left in the General Aviation (GA) industry which has been devastated by years of Parliamentary neglect while the independent corporate regulator has run amuck with the worst, most expensive and unworkable rules rewrite, still not finished after 32 years. 

The National Party has had the Ministerial portfolio throughout the many years of Coalition Government but those ministers abrogated their responsibilities and allowed the Civil Aviation Safety Authority (CASA) to feather it’s own nest without regard to the reasonable aspirations of aviation minded Australians. Thus the loss of hundreds of flying schools and maintenance businesses and the importing of airline pilots. CASA has imposed swinging operational fees for all sorts of unnecessary permissions and whole miserable bureaucratic paraphernalia is supported by Parliament. 

Parliament having rubber stamped the wholesale migration of what used to be (appropriately) civil aviation law into the criminal code with strict liability and huge penalties for even the slightest and most innocuous infringements, many of which supposed criminal acts don’t ever rate a mention in the most mature and successful GA industry, that of the USA where increasingly Australians are heading for their flying training. 

Incumbent since the demise of Barnaby Joyce, Minister for Transport Michael MacCormack talks but does nothing. ScoMo and the Libs have no way to force reform for fear of upsetting their socialist partner, the Nationals. 

Plus this week's SBG via the blog: In Xanadu did Kubla Khan

MTF...P2