Let’s start looking at a solution to this mess.
We need Cabinet to authorize the Minister to overhaul Australian civil aviation regulation starting with a new Aviation Act and concomitant restructure of responsibilities for implementation of said Act.
Comment: This may include changes to CASA responsibilities including but not limited to restructure.
PM & C supervise the recruitment of a high level and small “tiger team “ with the objective to draft a new Act having regard to free market principles, fostering the industry, worlds best practice aviation regulation and Common law best practice.
Comment: Probably no one from the current CASA.
- Legislation written as affirmative (“shall issue” as opposed to “must not issue unless”), plain english based on the various Marine Acts. Removal of “ strict liability” and criminal sanctions for all but the most serious offences and the addition of the test of reasonableness for all offences, most of which will be misdemeanors. Removal of weasel words like acceptable, appropriate, satisfactory, etc to be replaced by hard requirements.
- A requirement to foster industry development.
- A requirement to apply risk management methodology best practice to justify ANY regulation.
- A requirement to synchronize with the US FAR as much as practicable with a view to all Australian qualifications and approvals being internationally accepted. ie: “having regard to…..”
- The requirement to physically and administratively separate regulatory development, surveillance and enforcement.
- the requirement that the ATSB be subject to a separate Act (the ATSB Act) and precluded from making MOU’S with anyone.
- TBA.
The Tiger team to report to the Minister in four weeks with a final draft Act for consideration by Cabinet.
P. S. None of this will happen. An election prevents it. CASA is instead going to implode under the weight of its own regulations, taking a lot of the remaining Australian General Aviation with it and covering the Department and Minister with a thick layer of ordure.
We need Cabinet to authorize the Minister to overhaul Australian civil aviation regulation starting with a new Aviation Act and concomitant restructure of responsibilities for implementation of said Act.
Comment: This may include changes to CASA responsibilities including but not limited to restructure.
PM & C supervise the recruitment of a high level and small “tiger team “ with the objective to draft a new Act having regard to free market principles, fostering the industry, worlds best practice aviation regulation and Common law best practice.
Comment: Probably no one from the current CASA.
- Legislation written as affirmative (“shall issue” as opposed to “must not issue unless”), plain english based on the various Marine Acts. Removal of “ strict liability” and criminal sanctions for all but the most serious offences and the addition of the test of reasonableness for all offences, most of which will be misdemeanors. Removal of weasel words like acceptable, appropriate, satisfactory, etc to be replaced by hard requirements.
- A requirement to foster industry development.
- A requirement to apply risk management methodology best practice to justify ANY regulation.
- A requirement to synchronize with the US FAR as much as practicable with a view to all Australian qualifications and approvals being internationally accepted. ie: “having regard to…..”
- The requirement to physically and administratively separate regulatory development, surveillance and enforcement.
- the requirement that the ATSB be subject to a separate Act (the ATSB Act) and precluded from making MOU’S with anyone.
- TBA.
The Tiger team to report to the Minister in four weeks with a final draft Act for consideration by Cabinet.
P. S. None of this will happen. An election prevents it. CASA is instead going to implode under the weight of its own regulations, taking a lot of the remaining Australian General Aviation with it and covering the Department and Minister with a thick layer of ordure.