Go to top of page

CASA Annual Report 2003 04 Part 5: Statutory reporting requirements

Statutory reporting reqirements

Significant judicial decisions and administrative review decisions

Under the Commonwealth Authorities and Companies Orders 2002, CASA must report, in accordance with subclause 11(a), on any judicial decisions and decisions of administrative tribunals that have had, or may have, a significant impact on its operations.

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 has made one application to the Federal Court for such an order since February. There was a constitutional challenge to the validity of section 30DE of the Act. The Full Court of the Federal Court upheld the validity of the section.

Whilst the application was on foot, CASA completed an investigation of the matter, and the respondent pilots asked the Court to dismiss CASA’s application. On 13 July 2004, CASA’s application was dismissed on the basis that as the purpose of the scheme was to enable the completion of an investigation it followed ‘that the occasion for an order pursuant to section 30DE has passed and that the substantive application must be dismissed’. The decision has implications for CASA’s procedures and its ability to effectively respond to serious and imminent safety risks.

CASA has appealed the judgment to the Full Court of the Federal Court on a number of grounds. The appeal is listed for hearing on 9 November 2004.