And so; I continue to struggle.
Perhaps its the Ale and the despondent BRB; maybe it is no more than being unable to work in my chosen profession; maybe it is simply the 'black-dog' which attends every whip and stitch of trying to create a workable scenario for operational excellence – sector risk profile (company experience analysis) and SMS included. For the Fiji, Noumea; NZ, PNG, UK, USA (and all the others who follow their rules) , Vanuatu; 'authorities' etc. It is not a problem. Sure there are corners which need to be tucked in and the odd 'peculiar' (to a region) requirements, brought about through 'unique' operational requirements; but nowhere else, not on this planet, exists a rule set like Australia's.
I find it, on good days disconcerting; but on the dark days – repressive, restrictive and at odds with 'operational' good sense. That common or garden 'savvy' which an operator must have to survive an accident or incident. Accident or incident is always 'on the cards'. A bird strike, a blown tyre, an insignificant system failure – with no 'legal' grounds to parlay it back to a MEL, which allows a return to base. All bad enough things to worry a normal person to an early grave – but; big BUT; criminal liability under strict compliance, is always the skeleton at the feast.
Not too many of us have faced a top class barrister in a court. It is an easy thing to imagine that the 'truth' will set you free. That is a Bollocks of the first water. What these top flight legal eagles can do with a simple statement, one which to the man at the back of the room seems 'logical' would beggar the imagination. It is, truly, terrifying.
“If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools, - “
My point is a simple one – the incumbent minister has been exposed as the village idiot; gods know he has made a complete pig's ear of the aviation part of his portfolio; no kidding, this bloke is so far down the Swany that it will take a choir of angels to show him the way to any semblance of 'sanity' with regard to matters aeronautical.
However, there is one simple sentence he could commit to paper, sign and see through which would make him the unmitigated 'Hero' of the aviation sector; world wide. No clues, no whispers – I shall draft that sentence for him. Herewith:-
Remove all strict liability references from those parts of the CAR's which do not imply _–
Mens Rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.
12.1 There is a common law presumption that ‘mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence’.[1] The general requirement of mens rea is said to be ‘one of the most fundamental protections in criminal law’,[2] and it reflects the idea that
it is generally neither fair, nor useful, to subject people to criminal punishment for unintended actions or unforeseen consequences unless these resulted from an unjustified risk (ie recklessness).
So very simple for a frog to become a handsome prince; just a kiss from the lady of logic and common sense and 'dunderhead' become 'saviour' by proxy and vox populi
One gross wrong undone by a stroke of the ministers pen.
{P7 is being disgusting}; suggesting all manner of comic depiction of the miniscule 'stroking' his pen. I shall stop here, before this BRB session descends to 'robust' manly humour.
Cheers – Toot – toot. (Double seven y' blind old bugger)..........
Perhaps its the Ale and the despondent BRB; maybe it is no more than being unable to work in my chosen profession; maybe it is simply the 'black-dog' which attends every whip and stitch of trying to create a workable scenario for operational excellence – sector risk profile (company experience analysis) and SMS included. For the Fiji, Noumea; NZ, PNG, UK, USA (and all the others who follow their rules) , Vanuatu; 'authorities' etc. It is not a problem. Sure there are corners which need to be tucked in and the odd 'peculiar' (to a region) requirements, brought about through 'unique' operational requirements; but nowhere else, not on this planet, exists a rule set like Australia's.
I find it, on good days disconcerting; but on the dark days – repressive, restrictive and at odds with 'operational' good sense. That common or garden 'savvy' which an operator must have to survive an accident or incident. Accident or incident is always 'on the cards'. A bird strike, a blown tyre, an insignificant system failure – with no 'legal' grounds to parlay it back to a MEL, which allows a return to base. All bad enough things to worry a normal person to an early grave – but; big BUT; criminal liability under strict compliance, is always the skeleton at the feast.
Not too many of us have faced a top class barrister in a court. It is an easy thing to imagine that the 'truth' will set you free. That is a Bollocks of the first water. What these top flight legal eagles can do with a simple statement, one which to the man at the back of the room seems 'logical' would beggar the imagination. It is, truly, terrifying.
“If you can bear to hear the truth you’ve spoken
Twisted by knaves to make a trap for fools, - “
My point is a simple one – the incumbent minister has been exposed as the village idiot; gods know he has made a complete pig's ear of the aviation part of his portfolio; no kidding, this bloke is so far down the Swany that it will take a choir of angels to show him the way to any semblance of 'sanity' with regard to matters aeronautical.
However, there is one simple sentence he could commit to paper, sign and see through which would make him the unmitigated 'Hero' of the aviation sector; world wide. No clues, no whispers – I shall draft that sentence for him. Herewith:-
Remove all strict liability references from those parts of the CAR's which do not imply _–
Mens Rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime.
12.1 There is a common law presumption that ‘mens rea, an evil intention, or a knowledge of the wrongfulness of the act, is an essential ingredient in every offence’.[1] The general requirement of mens rea is said to be ‘one of the most fundamental protections in criminal law’,[2] and it reflects the idea that
it is generally neither fair, nor useful, to subject people to criminal punishment for unintended actions or unforeseen consequences unless these resulted from an unjustified risk (ie recklessness).
So very simple for a frog to become a handsome prince; just a kiss from the lady of logic and common sense and 'dunderhead' become 'saviour' by proxy and vox populi
One gross wrong undone by a stroke of the ministers pen.
{P7 is being disgusting}; suggesting all manner of comic depiction of the miniscule 'stroking' his pen. I shall stop here, before this BRB session descends to 'robust' manly humour.
Cheers – Toot – toot. (Double seven y' blind old bugger)..........