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AATA decision: Nam and CASA (AVMAD)

Via the Oz  ):

CASA gets it wrong on Ritalin-taking pilot, finds tribunal

Australia’s aviation regulator has been reprimanded for denying a pilot medical clearance to fly because he is taking Ritalin for attention deficit hyperactivity disorder.

Melbourne’s Oliver Nam was diagnosed with ADHD three years ago, and prescribed 40mg Ritalin a day to treat the condition.

The 35-year-old holds private and commercial pilot licences but was refused the class 1 and class 2 medical certificates required to operate aircraft in Australia, in late 2021.

The Administrative Appeals Tribunal heard the Civil Aviation Safety Authority based its decision on the fact Mr Nam was using Ritalin, rather than his diagnosis of ADHD.

“Prior to his having been diagnosed with, and being treated with Ritalin for ADHD in 2020, Mr Nam had demonstrated significant air navigation skills,” the tribunal noted.

“According to CASA, Mr Nam was able to ‘obtain his pilots licence in record time’ and is a highly gifted individual with exceptional cognitive performance.”

It was not the ADHD diagnosis that concerned CASA which was considered “mild” but the use of Ritalin which was regarded as “the showstopper”, the tribunal heard.



CASA identified that the “potential side effects” of Ritalin use included anxiety, irritability, insomnia, dizziness, aggression, rapid heart beat, psychosis and fatigue masking.

Dr Michael Atherton, a CASA-designated mental health expert, said it was “well recognised in aviation circles that amphetamine-based medications have potential side effects, and these side effects potentially could lead to safety issues”.

“Medications such as amphetamines can affect perception, motor and cognitive skills and importantly, it is also harder for those using stimulants such as amphetamines to understand and have self awareness of when they are feeling tired,” Dr Atherton said.

Evidence was presented by psychiatrist David Tofler, Mr Nam initially experienced some anxiety along with headaches and a dry mouth when he began taking Ritalin, but these ceased when the dosage was adjusted.

In addition, neuropsychologist Robert Bourke found that “while medicated on Ritalin, Mr Nam had entirely normal and extremely high-level cognitive abilities”.

In their ruling, AAT members Chris Furnell and Stephen Lewinsky found CASA’s decision was based on the possibility of Mr Nam suffering side effects, rather than the reality.

“It was said (by CASA) that Mr Nam ought to be considered to experience side effects, if Ritalin had the potential to cause side effects for anyone,” said Mr Furnell and Dr Lewinsky.

“While it is appropriate to err on the side of caution when construing Civil Aviation Safety regulations … this does not constitute a licence for decision makers to ignore the plain meaning of the words used in the regulations.”

In conclusion, Mr Furnell and Dr Lewinsky ruled they were not satisfied that Mr Nam had not met the criteria required by CASA for the relevant medical certificates.

As a result, they ordered the original decision be set aside, and for CASA to reconsider Mr Nam’s application.

In doing so, CASA was instructed that Mr Nam “not be considered to have failed to satisfy the safety relevant condition criterion or the medication criterion by reason of his ADHD, his use of Ritalin or a combination thereof”.

A CASA spokeswoman said they were reviewing the AAT’s decision in Mr Lam’s case.

“We are committed to finding ways to support as many people as possible to be able to fly safely,” she said. (Cheers Wannabe - 

Link for the decision:  Nam and Civil Aviation Safety Authority [2023] AATA 3574 (2 November 2023)

DECISION

We set aside the decision the subject of review and remit it for reconsideration by the respondent subject to a direction requiring that the applicant not be considered to have failed to satisfy the safety relevant condition criterion or the medication criterion by reason of his ADHD, his use of Ritalin or a combination thereof.

MTF...P2