[Peetwo]

Howzat ! LBW methinks.
Tim Tam class post from P2...    

Big time; so let's just get this straight.  The original CASA submission of 102 pages goes to the Secretariat, with the operational 2004 MoU firmly attached.  Then a little while later 20 pages, coincidentally containing the MoU which was in effect at the time, have. mysteriously 'disappeared', but the table of content is unchanged.  Well, well, that's a bit naughty, ain't it?.... ...

It's either a very smart bluff, relying on the fact that few, if any would bother to check or read every page; or it's plain dumb. My two bob – on bluff: you can hear the word weasels:- 

"Oh, sorry Senator, been a clerical error here dontcha know (shrug); we'll take it on notice and find that wascally document".  "But no Senator, of course not, no significant differences; the '04 is pretty much the same as the rest; and yes, signing is a mere legal formality".

BOLLOCKS shouted the crowd at the back of the room; absolute BOLLOCKS.

Oh but according to Doc Aleck the 2010 MoU (his creation) was a work of art that had righted the pendulum on the Ol' Aviation Safety Grandfather clock...TICK..TOCK   Now watch carefully as Hoodoo Voodoo weaves his spin & bulldust:

Considering the latest MoU has shrunk by some seven pages - & much of the previous 2010 MoU multi-interpretative legalese has been omitted - I'd say that the Doc has been somewhat sidelined from any major contribution this time around...   

One thing you will notice from that vid is that never at anytime does anyone reference the previous 2004 MoU?? This is despite the fact that it is the one that they should have been referencing. However in hindsight would it have made any difference to the eventual outcome of the 1st ATSB PelAir investigation & Final Report?? 

After closely comparing the two MoUs alongside each other, it is my opinion that if the '04 had been referred to in the proper conduct of the two agencies throughout the PelAir investigation their would have been a profound difference in the final outcome. As an example I refer to the safety action sections of the two MoUs - spot the differences??:

2010 - 5.3 Safety action

5.3.1 The ATSB understands actions may be taken by CASA in response to safety
issues during the course of an ATSB or CASA investigation, and the ATSB will
include this information in the investigation report to the extent it is
practicable to do so. The ATSB encourages safety action that obviates the
need to make safety recommendations.

5.3.2 In order to ensure that any safety action is properly acknowledged by the
ATSB, CASA will advise the ATSB of any safety action taken or intended to be
taken by CASA.

5.3.3 In making recommendations for safety action by CASA, the ATSB will clearly
and explicitly identify the safety issue(s) involved. The ATSB will consult with
CASA prior to a recommendation being made.

5.3.4 CASA response to safety recommendations- In accordance with section 25A of
the TSI Act, CASA will respond to the ATSB in writing within 90 days of the date
on which the report is published, and include in that response the information
required under section 25A. The CASA response should clearly identify which
part of the written response is intended for publication on the ATSB website
and/or in the final report.

5.3.5 Where consideration and implementation by CASA of an ATSB
recommendation is or may be protracted, CASA will inform the ATSB of
progress at regular intervals as agreed between the organisations.

5.3.6 CASA and the ATSB will seek to ensure that information posted about the
status of ATSB recommendations on their respective websites is consistent.

Note: This may be achieved via a link on the CASA website to the ATSB
website.

 2004 - 10 SAFETY ACTION

10.1 The ATSB will acknowledge safety actions taken, or intended to be taken, by
CASA, in response to safety deficiencies identified during the course of an
ATSB investigation and will include this information in the investigation report
to the extent reasonable and possible. The ATSB encourages safety action that
obviates the need to make safety recommendations.

In order to ensure that any related safety action is properly acknowledged, CASA
notes that the ATSB will formally request details of safety action taken or
intended to be taken by CASA at the time of issue of a draft investigation report
to CASA and prior to the release of the final report.

10.2 The ATSB may issue formal recommendations to CASA at any time during or at
the completion of an occurrence or data analysis or research investigation. In
making recommendations for action by CASA, the ATSB will identify as far as
practicable, only the desired outcome required. The ATSB will consult with
CASA prior to a recommendation being made.

10.3 When the ATSB considers it appropriate to include recommendations in the draft
final report, the ATSB agrees to consult with CASA prior to the report being released to DIPs.
In such cases, comment from CASA on the recommendations is encouraged, but unless
safety action is being taken or intended to be taken in accordance with paragraph 10.1,
a formal response is not expected until the final report is issued. Notwithstanding the
above, CASA may choose to formally respond to recommendations included in a draft report.

10.4 CASA Response - Unless othe1wise agreed, within 60 days of the issue of a
reconm1eudation, CASA agrees to respond to the ATSB in w1iting. The w1itten
response will contain clear statements of acceptance, pa1tial acceptance or
rejection of each recommendation. The written response may also contain
information detailing the timetable and procedures for implementing the
recommendations or part thereof; or provide a full explanation for the decision
not to implement any recommendation or part thereof, and identify any
alternative action proposed. The CASA response may also identify which part of
the written response is intended for publication.

10.5 The ATSB acknowledges that it has no authority to compel CASA to accept any
ATSB recommendation, and further acknowledges that CASA may choose not to
accept an ATSB recommendation that CASA does not believe is appropriate.

10.6 Where a recommendation is formally issued prior to the final report or where
CASA chooses to formally respond to recommendations contained in the draft
final report, the responses will be included in the final report where time permits
and to the extent appropriate. The ATSB will, as a minimum, publish a
summary of recommendations directed to CASA, including responses to those
recommendations, on the ATSB's web site.

10.7 Where consideration and implementation of a recommendation is protracted,
CASA will inform the ATSB of progress at regular intervals as agreed between
the parties.

IMO in the '04 MoU the ATSB definitely had the upper hand and there was very little wriggle room in interpretation of the wording, the same could not be said of the 2010 MoU...

Finally let's take a look at the freshly minted 2015 MoU... :

10 SAFETY ACTION

10.1 Where CASA takes safety action in relation to an aviation transport safety issue
under investigation by the ATSB, CASA will notify the ATSB as soon as
practicable. The ATSB will use its best endeavours to acknowledge in its final
report the safety action taken by CASA, where the ATSB is advised at least 20
days prior to publication.

10.2 Where the ATSB has identified a safety issue indicating the need for persons or
organisations within the aviation industry to take safety action, to the extent it
is authorised to do so, and subject to operational requirements and priorities,
CASA will monitor action taken in relation to the safety issue. Where CASA has
information indicating action or inaction by the person or organisation, CASA
will advise the ATSB as soon as practicable.

ATSB Safety recommendations

10.3 The ATSB will consult with CASA should any safety issues be identified that
affect CASA, and before making any formal recommendations for safety action
by CASA.

10.4 CASA will respond to any formal safety recommendations issued, in accordance
with section 25A of the TSI Act. Where consideration and implementation of
the recommendation may be protracted, CASA will provide the ATSB with
updates on its progress at least every 3 months from the date when the
recommendation was first issued, or otherwise as frequently as the parties
agree.

10.5 CASA acknowledges that the ATSB may publish some, or all, of CASA’s response
to a safety issue or recommendation.

Beside the reduced (weasel) word count you can really see the influence of the Senate Inquiry recommendations in the latest version...top stuff Senators Heff/Sterle/NX/DF & Co the key for the Tim Tam cupboard is in the mail...

MTF...P2