RARAAT Committee's report on the Aviation Amendment Bill (No 1) 2001, 5th April 2001

Summary

Note that the terms "majority" and "minority" report are quite misleading. In fact 4 Senators took part in the public hearing, and three of them are in the "minority" (two Democrats and one ALP). The one other Senator (Liberal) is in the "majority" because he represents the government. However the government, overall, is in the minority in the Senate. The bottom line, therefore, is that the "minority" report actually reflects the opinion of the majority of the Senators attending, and the majority in the whole Senate.

Since both reports recommend substantial amendment of the Bill, it is unlikely in the extreme that the Government will not amend it. In addition, the Opposition and the Democrats my introduce amendments of their own.

Majority Report recommendations

• The Committee recommends that the Bill be amended to limit the application of enforceable voluntary undertakings proposed by the Bill to matters arising under the Civil Aviation Act 1988
• The Committee recommends that an appropriate form of publicly available register of enforceable voluntary undertakings be provided for in the Bill and that the Bill be amended accordingly.
• The Committee recommends the following new sub-clause be added to proposed new section 31A:
  (5)CASA cannot accept an undertaking from a person for a period of more than six (6) months, but may accept a further undertaking from the person after a previous undertaking ceases to have effect.
• The Committee recommends that, for the avoidance of doubt, new subsection 20AA (1) set out in the Bill be amended by adding the words in italics:
  Maximum penalty: Imprisonment for two (2) years at the discretion of the Court.
• Although the issue of compulsory third party insurance for private aircraft operators and pilots is outside the terms of reference of this inquiry the Committee recommends that the Minister refer this proposal to an independent professional consultant for assessment and report.

• Senators O’Brien, Mackay, Woodley and Greig consider that the consultative process followed in relation to enforceable voluntary undertakings was inadequate and recommend that CASA undertake further consultation with the industry.
• Senators O’Brien, Mackay, Woodley and Greig further recommend that the following proposed amendments to the system of enforceable voluntary undertakings be considered as part of that consultation.
  • An amendment to limit the application of enforceable voluntary undertakings to matters arising under the Civil Aviation Act 1988.
  • An amendment to provide for a publicly available register of enforceable voluntary undertakings.
  • An amendment to limit an undertaking to a period of no more that six (6) months, but provide for a further undertaking from a person after a previous undertaking has ceased to have effect.
• Senators O’Brien, Mackay, Woodley and Greig recommend that the manner in which CASA plans to administer this new safety compliance tool also be the subject of consultation with the industry. Senators O’Brien, Mackay, Woodley and Greig recommend that the consultative process include consideration of the effectiveness of existing compliance tools and the relationship between the existing regulatory regime and the proposed enforceable voluntary undertakings.