5.2 Regulatory requirements

Declaration

When submitting an application for a medical certificate, the applicant is required to complete an online declaration.

DAMEs must ensure applicants have read and understood it prior to electronically signing it.

Note: It is strongly recommended that DAMEs make available to applicants a copy of the declaration and consent document prior to the medical examination.

The aviation safety system depends upon applicants for medical certificates to honestly and truthfully answer all questions posed of them by CASA and DAMEs and to diligently comply with the regulatory requirements. CASA promotes a 'just reporting culture' but this does not protect persons who recklessly or intentionally make false or misleading statements to CASA. Pilots and controllers with undisclosed safety-relevant conditions present a hazard to others and themselves. Additionally, they may attract additional legal and insurance liabilities, should an accident occur.

Prior to undertaking any aeromedical examination, the examiner is to inform each applicant of the possible legal consequences of a deliberate false or misleading statement made with the intention of obtaining a medical certificate.

A false or misleading statement with respect to a medical certificate is an offence punishable by up to 12 months imprisonment under the Criminal Code, section 137.1. In addition, an applicant commits an offence if they knowingly or recklessly make a false or misleading statement in relation to the application for the Medical Certificate. In this situation, CASA is prevented by CASR 67.180 from issuing a Medical Certificate and DAMEs or CASA must refuse to issue the certificate.

Consents

A complete medical history is essential for an accurate risk assessment. In the application there are important consents for the release of medical information—see Chapter 2.4 Duties and responsibilities of DAMEs.

For all medical examinations, CASA requires that the DAME personally ask the applicant the questions in the 'Examination' tab of the application, then personally record the answers given. This allows the DAME to assess the applicant's understanding of the questions and to provide any necessary explanations.

CASA similarly requires that the DAO/CO personally ask the applicant the questions in the medical history section of the eye assessment report, and personally record the answers given. This allows the DAO/CO to assess the applicant's understanding of the questions and to provide any necessary explanations.

Published date: 24 November 2021
Online version available at: https://www.casa.gov.au//search-centre/manuals-and-handbooks/designated-aviation-medical-examiners-handbook/52-regulatory-requirements
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