Good morning K.
A well well written summary of the state of play "K".
As I see it, two lines identify the core issue.
(A) I guess the point I’m struggling to make is that any form of investigation needs to be able to withstand scrutiny
and challenge; evidence and statements all matter and such facts as are relied on must unimpeachable; or at least
‘solid’ enough to withstand ‘testing’.
(B) All because ATSB and CASA, unlike the coppers, cannot be held responsible or accountable for the way they behave;
or, execute their remit; or, even do their job.
If I may take the liberty of stripping them down to their component parts...............
(A) ........(i) any form of investigation needs to be able to withstand scrutiny and challenge;
(ii) evidence and statements all matter and:-
(iii) such facts as are relied on must unimpeachable; or
(iv) at least ‘solid’ enough to withstand ‘testing’.
AND
(B) ........All because ATSB and CASA, unlike the coppers,
(i) cannot be held responsible or accountable;
(ii) for the way they;
(--i) behave; or,
(-ii) execute their remit; or, even
(iii) do their job.
Question:
"Why" is it so ? (Professor Julius Sumner Miller)
Short Answer:
(i) The "Law(s)" themselves. (Where "laws" is a "catch-all" for UN - ICAO - Acts of Parrliament - et. al.)
(ii) They have been "allowed" to become "laws unto themselves", by the parliament itself.
As I see it, the core of the problem, goes rite back to the so-call "Chicago Convention" itself.
It is perhaps ironic, that the frustration that we, and the current dear Senators, have endured, and will continue to endure, is a function of the overall regulatory regime in being, which can only be sheeted home to their parliamentary predecessors, who, through their lack of foresight, ratified a convention that established the "god" ICAO (complete with Annex-13 - as amended (many times) - as Beaker so gleefully pointed out) and who have subsequently allowed (and even fostered) the creation of the mess of the dysfunctional and unaccountable ATSB that we have today, by enacting the TSI Act, which effectively makes the ATSB a "law unto itself", AND BEAKER LOVES IT !
In a perverse sort of way, it makes him even more powerful and "untouchable" than his boss, Murky !
He must love that !!
To understand what has happened - and "why" we are where we are today, it is necessary to go rite back to "square-one".
Start here: http://www.icao.int/publications/pages/doc7300.aspx
It is all about "money". There is an old saying in the criminal investigation world = "follow the money trail" - in the aviation case, to the Montreal Convention.
Byron Bailey is "on the trail". http://auntypru.com/forum/-Less-Noise-an...56#pid4056
In case anyone is wondering, this is the actual Montreal Convention Document itself.
https://infrastructure.gov.au/aviation/i...ention.pdf
Did you notice the "irony" in the "host page" in the URL ? I leave it to you.
The host page is https://infrastructure.gov.au/aviation/i...ility.aspx
Some "interesting" reading there, background "mind-set" in-sights for further consideration.
Moving right along now.
This is from ICAO.
http://www.icao.int/secretariat/legal/Li...l99_EN.pdf
These are from IATA.
http://www.iata.org/policy/Documents/Pos...r_mc99.pdf
https://www.iata.org/policy/Documents/MC99_en.pdf
It is now no longer morning.
I did have plans for today "K", but you buggered 3 hours for me !
Rescheduling tasks - "bugga" !
A well well written summary of the state of play "K".
As I see it, two lines identify the core issue.
(A) I guess the point I’m struggling to make is that any form of investigation needs to be able to withstand scrutiny
and challenge; evidence and statements all matter and such facts as are relied on must unimpeachable; or at least
‘solid’ enough to withstand ‘testing’.
(B) All because ATSB and CASA, unlike the coppers, cannot be held responsible or accountable for the way they behave;
or, execute their remit; or, even do their job.
If I may take the liberty of stripping them down to their component parts...............
(A) ........(i) any form of investigation needs to be able to withstand scrutiny and challenge;
(ii) evidence and statements all matter and:-
(iii) such facts as are relied on must unimpeachable; or
(iv) at least ‘solid’ enough to withstand ‘testing’.
AND
(B) ........All because ATSB and CASA, unlike the coppers,
(i) cannot be held responsible or accountable;
(ii) for the way they;
(--i) behave; or,
(-ii) execute their remit; or, even
(iii) do their job.
Question:
"Why" is it so ? (Professor Julius Sumner Miller)
Short Answer:
(i) The "Law(s)" themselves. (Where "laws" is a "catch-all" for UN - ICAO - Acts of Parrliament - et. al.)
(ii) They have been "allowed" to become "laws unto themselves", by the parliament itself.
As I see it, the core of the problem, goes rite back to the so-call "Chicago Convention" itself.
It is perhaps ironic, that the frustration that we, and the current dear Senators, have endured, and will continue to endure, is a function of the overall regulatory regime in being, which can only be sheeted home to their parliamentary predecessors, who, through their lack of foresight, ratified a convention that established the "god" ICAO (complete with Annex-13 - as amended (many times) - as Beaker so gleefully pointed out) and who have subsequently allowed (and even fostered) the creation of the mess of the dysfunctional and unaccountable ATSB that we have today, by enacting the TSI Act, which effectively makes the ATSB a "law unto itself", AND BEAKER LOVES IT !
In a perverse sort of way, it makes him even more powerful and "untouchable" than his boss, Murky !
He must love that !!
To understand what has happened - and "why" we are where we are today, it is necessary to go rite back to "square-one".
Start here: http://www.icao.int/publications/pages/doc7300.aspx
It is all about "money". There is an old saying in the criminal investigation world = "follow the money trail" - in the aviation case, to the Montreal Convention.
Byron Bailey is "on the trail". http://auntypru.com/forum/-Less-Noise-an...56#pid4056
In case anyone is wondering, this is the actual Montreal Convention Document itself.
https://infrastructure.gov.au/aviation/i...ention.pdf
Did you notice the "irony" in the "host page" in the URL ? I leave it to you.
The host page is https://infrastructure.gov.au/aviation/i...ility.aspx
Some "interesting" reading there, background "mind-set" in-sights for further consideration.
Moving right along now.
This is from ICAO.
http://www.icao.int/secretariat/legal/Li...l99_EN.pdf
These are from IATA.
http://www.iata.org/policy/Documents/Pos...r_mc99.pdf
https://www.iata.org/policy/Documents/MC99_en.pdf
It is now no longer morning.
I did have plans for today "K", but you buggered 3 hours for me !
Rescheduling tasks - "bugga" !