[Peetwo]

ToARE: Part III 

This is timely - 

From Dick Smith, via the UP: 

An interesting letter from John Anderson regarding ultralights

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I was recently going through some material from the old days and found a letter from John Anderson dated 16 March 1999. Surely this can start some interesting discussion on PPRuNe.

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16.3.99 - Minister John Anderson to DS CASA Chairman re ultralights

Note that the correspondence from JA to DS was over 20 years ago; not sure what Dick's response was but in light of the latest Senate Inquiry into CASA this bit certainly perked my interest:



"...clear mandate to prepare a globally harmonised aviation safety regulatory framework.."

Hmm...I wonder if the present Muppet miniscule Mick Mack and Smoco Govt would now stand by the same mandate issued by the then Howard Coalition Government??

The JA period as Minister was the 2nd longest for a Federal Minister oversighting Aviation (6 years, 258 days). However, despite the stability JA brought to the role, IOS/BRB opinion on the worth of the man as Minister remains openly (50/50) divided...

However in the context of the JA letter to DS it would appear that if nothing else JA was well advised, informed and determined to ensure that CASA did not create further unnecessary imposts/delays to the economic detriment of the industry.

Again referring to the AS 1982-2011 timeline, 1999 was a busy year in Oz Aviation Safety. In August of that year ICAO conducted an audit of CASA (ref: https://cfapp.icao.int/fsix/AuditReps/in...999_en.pdf ). Although that audit was not a particularly glowing appraisal of CASA with many identified non-notified, non-compliances with ICAO SARPs; there was apparently nothing particularly outstanding that would warrant concerns from the FAA's IASA team.

Unfortunately the 2001 election provided what has now become a frustratingly familiar bureaucratic buffer for proper Parliamentary and/or Minister scrutiny of that particular audit report.

However, once Govt and Minister JA was back in power, the opposition spokesperson Martin Ferguson did pose a QoN in regards to the ICAO CASA audit recommendations:

Mr Martin Ferguson asked the Minister for Transport and Regional Services, upon notice, on 5 December 2000:

(1) What recommendations of the International Civil Aviation Organisation (ICAO) audit of Australian aviation safety referred to in the Civil Aviation Safety Authority's Corporate Plan 2000-2001 to 2002-2003 were not accepted and who made the decision not to accept them.

(2) What reasons were given to ICAO for not accepting those recommendations.


Mr Anderson (Minister for Transport and Regional Services) —The answer to the honourable member's question is as follows:

The Civil Aviation Safety Authority (CASA) has advised the following:

(1) The ICAO audit team made 16 recommendations in its report of the safety oversight audit of Australia in August 1999. All of the recommendations were accepted by Australia, however, in relation to three of the recommendations, Australia's acceptance was qualified or elaborated on by comment. ICAO fully accepted Australia's response to the audit findings and recommendations. Australia's response to the audit findings and recommendations was made by an Executive group of Civil Aviation Safety Authority (CASA) officers with representation from the Department of Transport and Regional Services.

(2) Following are details of Australia's response to the three recommendations accepted with qualification or comment.

Legislation / 01: ICAO recommended, inter alia, that CASA should review requirements contained in its legislation to ensure full conformance with Standards and Recommended Practices (SARPs) contained in Annexes 1, 6 and 8 to the Convention on International Civil Aviation (the Chicago Convention).

Australia agreed with the recommendation, but noted Australia's rights under the Convention to notify a difference in relation to particular SARPs. Typically, Australia might do this where a SARP infringes Australia's law in other areas, such as equal opportunity and anti-discrimination, and Australia is therefore unable to fully adhere to it.

Legislation / 02: ICAO recommended, inter alia, that CASA should establish a sound regulatory basis and develop adequate guidance material before structuring a transition plan from an operations inspection surveillance system to an audit system.

In its response, Australia noted that a sound regulatory basis already existed in the Civil Aviation Act, but agreed that some areas of guidance material were not adequately synchronised with actual audit practice.

Personnel Licensing / 02: ICAO recommended that the Australian Government clearly affirm CASA's role in controlling the air traffic controller licence and ratings. It further recommended, in relation to air traffic controller licences and ratings, that CASA should have clear enforcement power, should be directly involved in the approval of all training programs and Standards of Performance, and should have effective control of delegated testing authority and physical issuance of licences.

While Australia agreed in principle with the ICAO findings that led to the recommendation, CASA was able to confirm subsequent to the audit that there did in fact exist a binding legal instrument giving CASA the power to control and enforce matters relating to air traffic controller licences and ratings.

Q1/ Was this the point in time which started the Iron Ring pushback against international conformity and harmonisation with the ICAO SARPs, that has utimately led to the now record number of notified differences to the SARPs? 

Q2/ Was this also the point in time when, due to the wording of section 9A of the CA Act, the Iron Ring realised their potential as 'a law unto themselves' Big R-regulator with only a tokenistic gesture required to be accountable for their actions/persecutions to both the Minister and Parliament? 

Now FFWD a year and a half to the following AFR headline:

Anderson sacks CASA in air safety shake-up

..The Civil Aviation Safety Authority board was sacked yesterday in a shake-up that leaves the Federal Government in direct control of air safety.

Federal Transport Minister John Anderson also announced a significant downgrade of CASA's powers to impose restrictions on airlines following long-running industry criticism of the regulator's enforcement practices.

The decision to abolish CASA's status as an independent statutory authority comes as the Commonwealth considers moves to bring other key government regulators and offices under its direction.

Mr Anderson refused to guarantee that CASA's director, Mick Toller, would become the new chief executive of the restructured aviation regulator when the changes are formally implemented in July.

CASA has been in turmoil for almost a decade, in which there has been management upheaval and industry criticism of its power to act as "judge, jury and executioner".

This has included two periods during which aviator Dick Smith chaired CASA and its predecessor. Mr Smith was forced to resign before the end of his tenure in 1999.

"These changes strengthen the government's and minister's control considerably and the board will no longer exist," Mr Anderson said.

"There will be significant reform of the process of regulation and compliance."

The changes, which follow a review by CASA chairman Ted Anson, mean that Mr Anderson will have ultimate decision making power over aviation safety issues, although he said he would continue to rely on advice from continuing CASA staff.

The powers include empowering the Minister for Transport to directly set policy and performance standards for CASA, and powers to establish consultation mechanisms for industry and stakeholders.

Other measures will be introduced to curtail CASA's powers, including the granting of a stay of suspension and cancellation decisions not involving an immediate risk to air safety, and the introduction of the demerit points system for minor breaches of regulations.

Under the new structure to be fully implemented by next July, CASA will retain the power to ground airlines where there is an immediate risk to safety but the decision will require confirmation by the Federal Court within five days.

"Where a decision is taken to vary, suspend or cancel an aviation approval and a review is sought, an automatic stay of the decision will be granted," Mr Anderson said.

Mr Toller said he was broadly supportive of the changes and said he was ready to serve as the new chief executive officer.

"I'll be discussing with the minister whether I have the skills to meet CASA's needs in the future ... but I'll be here as long as the minister wants me," Mr Toller said..

Mr Toller's contract was extended for a further three years last year.

The Opposition's transport spokesman, Martin Ferguson, yesterday said abolishing the board was Labor's policy and that the Labor Party had always believed CASA should consult with the industry, not be run by it.

"Labor will fully scrutinise the new enforcement powers to ensure they will improve the rigour and effectiveness of aviation safety regulation while being fair to the industry," Mr Ferguson said in a statement.

Last week, Prime Minister John Howard appointed former Rio Tinto and Westpac chairman John Uhrig to conduct a sweeping review of the Commonwealth's existing structure for statutory authorities, which effectively reduces ministerial responsibility...

Hmmm...the beginning of the end perhaps??

MTF...P2