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CASA Annual Report 2003 04 Part 4: Accountability and external scrutiny

Accountability and external scrutiny

Review of CASA’s regulatory decisions

Table 6: Administrative Appeals Tribunal – merits reviewa of regulatory decisionsb 2001–02 to 2003–04

  2001–02 2002–03 2003–04
Matters with the Administrative Appeals Tribunal
Applications on hand from the previous year 12 17 16
Applications lodged during the year 27 17 16
Total 39 34 32
Matters dealt withc
Decisions affirmed 4 5 3
Decisions varied 0 1 1
Decisions set aside 3 2 2
Matters dismissed 3 1 2
Sub-total 10 9 8

Status of other matters

Applications withdrawn by the applicant 12 9 8
Applications remaining on hand at 30 June 17 16 16
Sub-total 29 25 24
Total 39 34 32

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Table 7: Categories of CASA decisions that were appealed to the Administrative Appeals Tribunal

Category of decision Number of appeals
Refusal to grant Medical Certificate 11
Refusal to issue non-conditional Medical Certificate 4
Cancellation of/refusal to issue Private Pilot Licence 3
Refusal to issue/cancellation of/conditional issue of Air Operator’s Certificate 3
Cancellation of/issue of conditional Aircraft Maintenance Engineer’s licence 2
Refusal to approve/cancellation of Chief Pilot’s licence 2
Cancellation of Flight Crew Licence 2
Cancellation of Commercial Pilot Licence 2
Directions prohibiting parachute descents within 2 NM of Barwon Heads 1
Cancellation of Special Certificate of Airworthiness 1

Note: Some appellants were contesting more than one issue.

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Table 8: Federal Court – applications for judiciala review of regulatory decisions, 2001–02 to 2003–04

  2001-02 2002–03 2003–04
  Filed by

subject

personb
Filed by

CASA
Filed by

subject

personb
Filed by

CASA
Filed by

subject

personb
Filed by

CASA
Matters with the Court
Applications on hand from the previous year 3 0 2 0 0 0
Applications filed during the year 3 0 2 1 1 2
Total 6 0 4 1 1 2
Matters dealt with
Decisions affirmed 0 0 0 0 0 0
Decisions set aside/overturned 0 0 0 0 0 0
Matters dismissed 3 0 2 0 0 0
Sub-total 3 0 2 0 0 0
Status of other matters
Proceedings discontinued 1 0 2 1 0 0
Applications on hand 2 0 0 0 1 2
Sub-total 3 0 2 1 1 2
Total 6 0 4 1 1 2
Decisions arising from AAT decision 2 0 4 1 1 0

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Federal Court Prohibition Orders

Under the new enforcement provisions that came into effect on 21 February 2003, CASA may suspend a civil aviation authorisation for five business days without issuing a show cause notice where there is a serious and imminent safety risk. Such suspensions then end unless CASA applies to the Federal Court for a prohibition order before that five-day period expires.

CASA made one application to the Federal Court for an order, in May 2004. The application raised a number of legal issues about the new provision.

 

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