Courtney and Civil Aviation Safety Authority

This matter concerned an appeal by Mr Courtney against a decision by the Civil Aviation Safety Authority (CASA) regarding his medical certification for a pilot's licence. Mr Courtney, a 77-year-old pilot with extensive experience, had a history of cardiac conditions including paroxysmal atrial tachycardia, atrial fibrillation, and coronary artery disease requiring bypass surgery. His medical certification had been suspended on several occasions due to these health issues and the need for further investigations.

The primary legal issue before the Tribunal was whether Mr Courtney met the medical standards required for a class 2 pilot's licence, specifically in light of his cardiac history and the potential risks associated with his conditions. This involved assessing the evidence presented by both Mr Courtney and CASA, including medical reports and expert testimony, to determine the current state of his health and the associated risks of flying.

The Tribunal considered the medical evidence, noting that Mr Courtney's cardiac conditions were largely asymptomatic and had been diagnosed as a consequence of CASA's stringent medical assessment requirements for pilots. Dr Keighley, Mr Courtney's treating cardiologist, testified that Mr Courtney's risk of experiencing a cardiac event was less than 1 per cent per annum and that a reported abnormality in a myocardial scan was likely an artefact. The Tribunal acknowledged that without his pilot status, these investigations and treatments might not have been clinically indicated.

Ultimately, the Tribunal found that Mr Courtney's medical conditions, while documented, did not present an unacceptable risk to aviation safety. The Tribunal presumed that the explanation of the scan abnormality as an artefact had been accepted. The decision under review was affirmed, meaning CASA's decision regarding Mr Courtney's medical certification was upheld.