Enforceable voluntary undertakings (EVUs)
Section 30DK of the Civil Aviation Act 1988 provides for CASA to accept written undertakings from holders of civil aviation authorisations in connection with matters arising from the civil aviation legislation and relating to CASA’s functions and powers.
CASA regards EVUs as an important enforcement tool allowing a cooperative approach in situations where there is evidence of a breach or potential breach of the aviation law, which may justify administrative or other action, but remedial action by the holder is in the best interests of aviation safety.
These undertakings are completely voluntary. Individuals or organisations that give EVUs may subsequently withdraw them or vary them but only with the consent of CASA.
By making such an undertaking the holder is creating a legal obligation to perform in accordance with the EVU. If there is a breach of an EVU, CASA can ask the Federal Court to make orders against the individual or organisation enforcing the Undertaking.
CASA is required by the Civil Aviation Act to publish details of each undertaking on the internet.
There is currently an enforceable voluntary undertaking in force between CASA and Cheyne Frendon. This follows an Administrative Appeals Tribunal decision. The undertaking will remain in force for nine months from 18 October 2017.