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Annual Report 2005 06: Review of CASA's regulatory decisions

Certain types of regulatory decisions by CASA are subject to review by the Administrative Appeals Tribunal. ‘Merits’ review involves the reconsideration of an administrative decision. On the facts before it, the tribunal decides whether the correct or (in a discretionary area) the preferable decision has been made in accordance with the applicable law.

A person who is the subject of a CASA decision may apply direct to the Federal Court for a review of the decision under the Administrative Decisions (Judicial Review) Act 1977 or may appeal a decision of the Administrative Appeals Tribunal after having first appealed to the tribunal.

Table 6 - Administrative Appeals Tribunal-merits review of regulatory decisions, 2001-02 to 2005-06
  2001-02 2002-03 2003-04 2004-05 2005-06
Applications on hand from the previous year 12 17 16 15 18
Applications lodged during the year 27 17 16 18 21
Total 39 34 32 33 39
Matters dealt with a
Decisions affirmed 4 5 3 2 7
Decisions varied 0 1 1 0 2
Decisions set aside 3 2 2 1 6
Matters dismissed 3 1 2 2 2
Subtotal 10 9 8 5 17
Status of other matters
Applications withdrawn by the applicant 12 9 8 10 8
Applications remaining on hand at 30 June 17 16 16 18 14
Subtotal 29 25 24 28 22
Total 39 34 32 33 39

Note: the types of decisions that can be appealed to the tribunal are listed on its website at Jurisdiction

a Does not include interlocutory decisions (that is, decisions made during the progress of an action).

Table 7 - Categories of CASA decisions appealed to the Administrative Appeals Tribunal, 2005-06
Flight Crew Licence
(including ratings and
endorsements)
Refusal to issue 0
Issue subject to conditions not sought by applicant for the authorisation 0
Cancellation/suspension 2
Variation/imposition of conditions not sought by holder 0
AME Licence or
maintenance authority
(including ratings)
Refusal to issue 1
Issue subject to conditions not sought by applicant for the authorisation 0
Cancellation/suspension 1
Variation/imposition of conditions not sought by holder 0
Medical Certificate Refusal to issue 2
Issue subject to conditions not sought by applicant for the authorisation 5
Cancellation/suspension 0
Variation/imposition of conditions not sought by holder 0
Air Operator’s
Certificate
Refusal to issue 1
Issue subject to conditions not sought by applicant for the authorisation 1
Cancellation/suspension 2
Variation/imposition of conditions not sought by holder 0
Certificate of
Approval
Refusal to issue 0
Issue subject to conditions not sought by applicant for the authorisation 0
Cancellation/suspension 1
Variation/imposition of conditions not sought by holder 0
Certificate of
Registration or
Airworthiness
Refusal to issue 0
Issue subject to conditions not sought by applicant for the authorisation 0
Cancellation/suspension 0
Variation/imposition of conditions not sought by holder 0
Chief Pilot Approval Refusal to issue 0
Issue subject to conditions not sought by applicant for the authorisation 0
Cancellation/suspension 1
Variation/imposition of conditions not sought by holder 0
Other authorisations Instrument of delegation 1
Instructor rating 1
Training approvals 1
Refusal to issue Aviation Security Identity Card 1
Total   21

 

Table 8 - Federal Court-applications for judicial review of regulatory decisions, 2001-02 to 2005-06
  2001-02 2002-03 2003-04 2004-05 2005-06
  SPa CASAb SP CASA SP CASA SP CASA SP CASA
Matters with the Court
Applications on hand from the previous year 3 0 2 0 0 0 1 1 2 1
Applications filed during the year 3 0 2 1 1 2 4 1 3 0
Total 6 0 4 1 1 2 5 2 5 1
Matters dealt with
Decisions affirmed 0 0 0 0 0 0 0 0 0 0
Decisions set aside/overturned 0 0 0 0 0 0 1 1 0 0
Matters dismissed 3 0 2 0 0 0 1 0 0 1
Subtotal 3 0 2 0 0 0 2 1 0 1
Status of other matters
Proceedings discontinued 1 0 2 1 0 0 1 0 3 0
Applications on hand 2 0 0 0 1 2 2 1 2 0
Subtotal 3 0 2 1 1 2 3 1 5 0
Total 6 0 4 1 1 2 5 2 5 1
Decisions arising from Administrative Appeals Tribunal decision 2 0 4 1 1 0 1 0 0 1

a SP=Filed by subject person

b CASA=Filed by CASA