Cole and Civil Aviation Safety Authority

[2004] AATA 1092

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1092

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No W2000/255, 293, 294

GENERAL ADMINISTRATIVE  DIVISION		)
Re		DARREL MOWBRAY COLE

Applicant

And CIVIL AVIATION SAFETY AUTHORITY

Respondent

DECISION

Tribunal Associate Professor S D Hotop, Deputy President
Mr E Fice, Member

Date18 October 2004

PlacePerth

Decision

The Tribunal affirms:

·     the decision of the respondent, dated 27 June 2000, to cancel the applicant’s Commercial Pilot Licence (Application No W2000/255);

·     the decision of the respondent, dated 21 July 2000, to refuse to reissue an Air Operator’s Certificate to the applicant (trading as “Kookaburra Air”) (Application No W2000/294); and

·     the decision of the respondent, dated 31 July 2000, to cancel the approval of Kookaburra Air’s appointment of the applicant as a Chief Pilot (Application No W2000/293).

...........(sgd S D Hotop)................

Deputy President

CATCHWORDS

CIVIL AVIATION – Commercial Pilot Licence – Air Operator’s Certificate – Chief Pilot Approval – flight exceeded flight and duty time limitations prescribed by Part 48 of Civil Aviation Orders – false or misleading written statements in pilot log book – failure to enter on maintenance release total time-in-service of aircraft – commencing flight when aircraft would require maintenance before completion of flight – failure properly to plan flight in relation to available information regarding weather conditions before commencing flight – failure to enter endorsement on maintenance release regarding aircraft undercarriage gear door defect – conducting instrument flying practice when not holding appropriate command aeroplane instrument rating – failure to record flights in flight and duty records – permitting person to pilot aircraft on flight when person did not have prescribed minimum flying time as pilot in command of that aircraft type – applicant contravened provisions of Civil Aviation Act and Civil Aviation Regulations – applicant failed in duty with respect to matters affecting safe navigation or operation of aircraft – applicant not a fit and proper person to hold Commercial Pilot Licence – applicant’s Commercial Pilot Licence should be cancelled – Air Operator’s Certificate not required to be reissued to applicant – approval of appointment of applicant as Chief Pilot should be cancelled – reviewable decisions affirmed.

PRACTICE AND PROCEDURE – Jurisdiction – decision to cancel approval of appointment of person as Chief Pilot a “reviewable decision”.

Civil Aviation Act 1988 (Cth) s 20AB(1), s 27, s 28, s 28BA, s 31 and s 98

Civil Aviation Regulations 1988 reg 43B, reg 47, reg 50, reg 133, reg 172, reg 206, reg 216, reg 239, reg 269 and reg 283

Civil Aviation Orders Section 40.0, Section 48.0, Section 48.1, Section 82.0 and Section 82.1

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321

Australian National University v Burns (1982) 43 ALR 25

Evans v Friemann (1981) 35 ALR 428

Re Griffiths and Civil Aviation Authority (1994) 34 ALD 554

Re Repacholi and Civil Aviation Safety Authority (2003) 75 ALD 312

Re Seaview Lord Howe Pty Ltd and Civil Aviation Authority (1995) 38 ALD 422

Re Surf Air…