VOCA

An aviation researcher, writer, aviation participant, pilot & agricultural researcher. Author of over 35 scientific publications world wide.

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Regulatory Action

Regulatory Action against the Australian Industry:

Regulation of the Australian Industry is complex – much to complex for a vibrant industry.

The question is: “How do we get the most appropriate system??”

Actions against Industry:

There have been a range of actions against sections of the Australian Industry, which appear on the surface to be warranted. However, when individual actions by the regulator are examined in detail, smack of individual regulatory personnel who demonise individuals or organisations.

When the background is peeled away, as in the PelAir incident, there is substantial evidence of a dysfunctional regulator. The issue of poor surveillance of AOC holders, with the regulator not even visiting particular AOC holders in the regulators time-frame requirement is seen routinely.

Prosecution:

The prosecution of some individual pilots, for example, has not even followed proper process, with the Court prosecution “falling over”, or where the prosecution fails in Court, the regulator continues the action.

This is in deference to the “Model Litigant” provisions spelt out by the Australian Parliament.

In some cases, the defence that needs to be mounted against the regulator is so expensive that the individual just walks away from the action, regardless of the actual truth of the matter.