[Peetwo]

Senators & the 'Ides of March'. 

Something for the good committee Senators to contemplate while in Easter R&R and in the lead up to the next election whenever that may be?? Further evidence that the aviation safety bureaucracy is still blatantly taking the 'Mickey bliss' out of our elected representatives, the Minister of the Crown for all things aviation, all industry stakeholders & indeed all fellow citizens:

Enforcement manual

Our enforcement manual outlines the policies and strategies we have in place for aviation safety compliance.
Director's preface
Revision history(last update January 2016)
Table of Contents

1. About this manual
   
2. CASA's Enforcement Policy
   
3. Initiating the Enforcement Process
   
4. Compliance-Related Action
   
5. Civil Action - Enforceable Voluntary Undertakings (EVUs)
   
6. Administrative Action
   
7. Administrative Action - Serious and Imminent Risk
   
8. Infringement Notices (Administrative Fines)
   
9. Voluntary Reporting - Aviation Self Reporting Scheme
   
10. The Demerit Points Scheme
    
11. Criminal Action - Prosecution
    
12. Access
    
13. Gathering Evidence and Handling Exhibits
    
14. Note Taking
    
15. Interviewing
    
16. Detaining Aircraft
    
17. Police Assistance
    

• Appendix 1 - Flowcharts - Coordinated Enforcement Processes
  
• Appendix 2 - The Legal basis of Regulatory Enforcement
  
• Appendix 3 - Delegations and Exercise of Powers by Delegates
  
• Appendix 4 - Guidance on the term 'fit and proper person'
  

Complete manual

Regardless of whether the above is a reckless, indifferent administration error by the Legal Services Division, the fact still remains that Oliver Skidmore-twist condones the evil intent of the former DAS's black letter law dispensation that was lovingly abused & exploited by the likes of Wodger and Herr Campbell.

This would seem to be in direct contradiction of the CASA's adopting a 'Just Culture' and the new 10 point regulatory philosophy - OST Weasel Words to Qantas Group Safety Conference, [b]Sydney – 13 October 2015:[/b]
  

Following on from above quoted text from the embuggerance thread:

Questions on version 4.4 of the Enforcement Manual, the above is the revision history between the version 4.3 (2013) & version 4.4 (Jan 2016).

Q1/ What is the legal standing of the 2016 4.4 version, given that it appears to have been signed off by the previous DAS McCormick & not the present DAS?



Q2/ Did the former DAS also approve the 'use of discretion' changes recommended in the ASRR and reflected in CASA's revised regulatory philosophy in CH 2 & CH 3?



Q3/ Finally if the 'use of discretion' procedure has been now properly implemented why does the EM 4.4 still have the following included in the preface?

https://www.casa.gov.au/file/139146/down...n=2DsAaZo0

Departure from Authorised Policy

Adherence to CASA’s authorised policies will almost always produce an appropriate decision. As said, however, from time to time there will be circumstances in which the strict application of policy may not result in the “preferable” decision. In these cases it may be appropriate (and possibly necessary) to depart from otherwise applicable policy.

Any departure from policy must be justified in order to ensure that it:

• Is genuinely necessary in the interests of fairness.

• Does not inappropriately compromise the need for consistent decision- making; and, of course.

• Is not in conflict with the interests of safety.

Without fettering a decision-maker’s discretion, it is therefore expected that appropriate consultation will occur before a decision is made that is not the product of the policies and processes set out in this manual. The prescribed consultation process is described below.

    
MTF...P2