In the aviation industry, particularly Australia, the regulator has unlimited power to be Judge, Jury and executioner.
This leads to serious doubts by the user of the system in how he or she will be dealt with if there is an infraction.
It leaves those accused of an infraction with the AAT or Federal Court. The AAT has quite different rules as to evidence, which allow a much lower level of proof for “statements” made by the regulator compared to Federal or Supreme Court “Rules of Evidence”. Further, does CASA behave as a “model litigant”
In this web site, we are attempting to bring together information that can help others to understand why the regulator is taking a particular stand and publish difficult to find material from a range of publicly available sources, including FOI applications, Senate Inquiries and a range of publicly available web and other sources.
Current Inquiry [Report catigating CASA and ATSB out May 2013]:
The current Senate inquiry into aviation, which continues on 28th February 2013 will delve further into the dubious relationships between the regulator [CASA] and the accident investigator [ATSB].
The report is now “out” and the full details are at:
The latest is the ATSB referring it’s “Operation” to the TSB of Canada for a report.
This happened on 24th July 2013 in the Board meeting, that according to Dolan’s reply to the Senate was his response to the PelAir inquiry.
31st August 2013 Still no update on when a response to the senate. But on 18th November, under questioning in the Senate, Mike Mrdak said he gave a report to Minister Albanese on 5th June 2013 [before the election] but nothing has been heard in the public sphere from Albanese.
The Coroner for the Hemple Affair is on Monday 18th March 2013 and then Friday 22nd March. There is no news yet as to when the final report will be made. In June 2013, the Coroners report is expected by August 2013. This came out in October 2013.
Australian Story makes interesting watching.