CASA industry complaints commissioner
The office of the industry complaints commissioner (ICC) reports directly to the CASA Board. It does not sit within CASA's organisational structure to ensure independence and impartiality.
The ICC provides members of the industry, the wider aviation community and the public with an easy, accessible and effective way to make a complaint about:
- the decisions, administrative actions or services provided by CASA staff, delegates or authorised persons to determine if they are wrong, unjust, unlawful, discriminatory or unfair; and
- the behaviour of CASA staff.
Complaints the ICC does not consider
The ICC does not consider complaints about:
- Any action or decision which is subject to review in the Administrative Appeals Tribunal (AAT) or Federal Court.
- Any matter that has already been dealt with in the AAT or in a court.
- Any matter that the ICC has already considered (unless the complainant produces relevant new information).
- Any matter that is currently, or ought to be, the subject of investigation by another CASA manager.
- Any matter that is currently the subject of an investigation under Part IIIA of the Civil Aviation Act 1988, or by another government or law enforcement authority.
- Except as directed by the Board, any matter the ICC is satisfied the complainant was aware of more than 12 months before the
- complaint was raised with the ICC.
- Except as directed by the Board, complaints about CASA’s regulatory, operational or corporate policies and practices generally (as opposed to complaints about the conduct or actions of individual officers, managers, delegates or authorised persons).
- Complaints made by a CASA employee about other staff, delegates or authorised persons.
- Complaints about or concerning the conduct of a member of the Board.
- Any matter the ICC is satisfied the complainant does not have a legitimate or sufficient interest.
- Complaints that are frivolous or vexatious, or the complainant is not pursuing it in a reasonable way.
If the ICC finds that a complaint cannot properly be dealt with by the ICC for any of the reasons mentioned above, the ICC will advise the complainant as soon as possible. In such cases, the ICC will try to recommend a more appropriate approach to the complainant.
The ICC governance arrangements
- We consider each complaint on its merits with an open mind.
- We review all available evidence, without a presumption that any person is correct. If we prefer one side's account of events, we'll give clear reasons why.
- Our complaint review process is transparent. We'll give you the name and contact details of the person reviewing your concerns.
- We'll keep you updated on the progress of our review.
How does the ICC review complaints?
We'll assess what happened that led to a complaint being made, and to form a clear and objective view of what we think's likely to have happened. In the course of our review, we may:
- review relevant documents, including a search of CASA systems
- interview complainants and other personnel in the complainant's organisation
- interview CASA officers who have dealt with the complainant, including the person who is subject to the complaint
- request peer review of documentation
- request technical advice about a particular issue within the complaint
- conduct an electronic record search of CASA systems.
What happens when the ICC has completed its consideration of a complaint?
We'll contact you either in writing, in person, or by telephone to let you know what we've concluded. A range of outcomes can result from an ICC review:
- Where we can't look at your complaint, we'll tell you why. Where possible, we'll refer you to somebody who may be able to help.
- If we don't think there's enough information to conclude CASA has acted wrongly, unjustly, unlawfully, discriminatory or unfairly we'll tell you why we came to that conclusion.
- Where we conclude CASA could've acted differently, we're able to make recommendations to put things right, or to prevent similar complaints in the future. While our recommendations aren't binding, they're generally accepted by CASA.
Preserving your right to an independent review of CASA's actions and decisions
Applications for the review of CASA decisions that are subject to review in the AAT or the Federal Court must normally be lodged within a specified period of time after notice of the decision has been given.
Decisions reviewable in the AAT are defined in section 31 of the Civil Aviation Act 1988 as reviewable decisions. Reviewable decisions under the Civil Aviation Regulations 1988 (CAR) are set out in CAR 297A. Reviewable decisions under the Civil Aviation Safety Regulations 1998 (CASR) are set out in CASR 201.004.
Although the ICC will endeavour to advise a complainant if their complaint is one that should more properly be raised in the AAT or the Federal Court, it is the responsibility of the complainant to ensure that they are not compromising or prejudicing their right of review in the AAT or the Federal Court by pursuing a matter with the ICC. It is always advisable to obtain independent legal advice about such matters from a qualified legal practitioner.
What if I don't agree with the ICC's findings? Where can I go if I want to make a complaint about the ICC?
If you're not satisfied with the way the ICC handled your complaint you can contact the Commonwealth Ombudsman. The Commonwealth Ombudsman considers and investigates complaints from people who believe they've been treated unfairly or unreasonably by an Australian Government department or agency, including CASA. More details about the Commonwealth Ombudsman's role, including details of how to contact them, can be found on the Commonwealth Ombudsman website.
Complaints about the ICC should be directed to CASA's Board via the Board Secretariat at firstname.lastname@example.org
Lodging your complaint
You can lodge your complaint with the ICC using one of the following methods:
- You can use an online form
- You can call us on 02 6217 1666
- You can send your complaint to GPO Box 2005, Canberra ACT 2601