[Peetwo]

The embuggerance of Pudnik??

Via the UP:

Pudniks and CASA [2021/5950]

Hello all,

Glen Buckley encouraged me to share my story here, to gather feedback, and for ease of reference.

To paraglide or hang glide in Australia, one must be a member of the sports aviation federation of Australia (SAFA nee HGFA). The civil aviation order (CAO) 95.8 refers.

In Mar 2020, SAFA suspended my paragliding membership with no right of reply, and no right of appeal. This was for paragliding on Fri 13 Mar 2020 when no COVID lockdowns were in force, although SAFA wanted to lockdown anyway (to virtue signal I suppose). This membership suspension was unlawful under the Administrative Appeals Tribunal Act 1975 (imho). Also the Australian Constitution says only the courts shall decide such matters.

In Aug 2020, I submitted my Part 149 paperwork to CASA to start my new paragliding organisation. Other Part 149 ASAOs are RAAus (GA) and APF (parachutes). SAFA is not yet an ASAO.

In May 2021, CASA tasked NSW Police to confiscate my wing with no warrant and no formal charges. CASA also tasked the Commonwealth Dept of Public Prosecution (CDPP) to investigate me for “flying an aircraft without a licence / unregistered aircraft (up to 2 years jail)” which remains ongoing six months later. The wing remains held with no formal charges. CASA is suggesting a paraglider is an aircraft despite its mass of 20 kg and airspeed of 20 kts, with no engine, no fuel, and no medical checks for pilots.

In July 2021, CASA wrote to confirm they are refusing to review my Part 149 paperwork, pending the ongoing CDPP investigation (which CASA started, then delayed by months by not providing basic information to the CDPP).

In Aug 2021, I referred CASA to the Administrative Appeals Tribunal (AAT) for their misfeasance re refusing to review my Part 149 paperwork in good faith, which they have held for over 1 year now. The link to the AAT matter is below (non-url mode sorry, due to being a new user).

http://online.aat.gov.au/eCaseSearch...no=2021%2F5950

Cheers,

Kurt.

Lead Balloon in reply:

Quote:

In Mar 2020, SAFA suspended my paragliding membership with no right of reply, and no right of appeal. This was for paragliding on Fri 13 Mar 2020 when no COVID lockdowns were in force, although SAFA wanted to lockdown anyway (to virtue signal I suppose). This membership suspension was unlawful under the Administrative Appeals Tribunal Act 1975 (imho).

Nah. The AAT Act has nothing to do with it.
Quote:

Also the Australian Constitution says only the courts shall decide such matters.

Nah. You’re going to the AAT and the AAT isn’t a court.

Quote:

In Aug 2020, I submitted my Part 149 paperwork to CASA to start my new paragliding organisation. Other Part 149 ASAOs are RAAus (GA) and APF (parachutes). SAFA is not yet an ASAO.

And when you satisfy the criteria for the grant of a Part 149 approval, you will be entitled to it.

Quote:

In May 2021, CASA tasked NSW Police to confiscate my wing with no warrant and no formal charges. CASA also tasked the Commonwealth Dept of Public Prosecution (CDPP) to investigate me for “flying an aircraft without a licence / unregistered aircraft (up to 2 years jail)” which remains ongoing six months later.

Nah. CASA doesn’t task police and the CDPP does not do investigations. CASA can inform police of alleged offences and police can choose to investigate them and prepare a brief of evidence for the consideration of the CDPP. Or CASA can conduct the investigation itself and prepare a brief for the consideration of the CDPP. Maybe SAFA dobbed you in to the police?

Quote:

The wing remains held with no formal charges. CASA is suggesting a paraglider is an aircraft despite its mass of 20 kg and airspeed of 20 kts, with no engine, no fuel, and no medical checks for pilots.

It’s an aircraft. The clue is in the word “wing”. It's a "machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth’s surface." CASA regulates gliders and model aircraft that weigh less than 1kg.

Quote:

In July 2021, CASA wrote to confirm they are refusing to review my Part 149 paperwork, pending the ongoing CDPP investigation (which CASA started, then delayed by months by not providing basic information to the CDPP).

The CDPP doesn’t conduct investigations. If it is doing anything, it is considering whether or not to commence a prosecution, on the basis of the brief given to it, in the context of the Prosecution Policy of the Commonwealth.

Quote:

In Aug 2021, I referred CASA to the Administrative Appeals Tribunal (AAT) for their misfeasance re refusing to review my Part 149 paperwork in good faith, which they have held for over 1 year now. The link to the AAT matter is below (non-url mode sorry, due to being a new user).

The AAT isn’t concerned about misfeasance and bad faith. It’s interested in whether your application satisfies the criteria for the grant of a Part 149 approval. You should focus on those criteria and showing the AAT that they are satisfied.

CASA will use whatever tactics they can to delay and put you in as bad a light as possible. Welcome to the party.

MTF...P2