Glover and Civil Aviation Safety Authority

This matter concerned an appeal by Mr. Glover against a decision by the Civil Aviation Safety Authority (CASA) to refuse to issue him a Class 2 Medical Certificate. Mr. Glover, a 79-year-old pilot with an unblemished record, sought the certificate to continue flying his light aircraft, primarily between his two farms located a significant distance apart. CASA's refusal was based on Mr. Glover's significant medical history, including prostate cancer with metastatic pulmonary metastases and coronary artery disease, which it deemed to be "safety relevant conditions" posing a remote risk of sudden incapacity while flying.

The primary legal issue before the Administrative Appeals Tribunal was to determine whether Mr. Glover's medical conditions presented a risk to aviation safety that could not be mitigated. This involved interpreting the meaning of "likely" in the context of aviation safety regulations, which, as established in precedent, does not refer to statistical likelihood or a greater than 50% chance, but rather a "substantial or real and not remote" risk. The Tribunal also had to consider whether any identified risks could be adequately managed through the imposition of conditions on the medical certificate.

The Tribunal reasoned that while Mr. Glover's conditions, particularly the prostate cancer and its treatment, presented a risk, this risk was not substantial. The Tribunal gave significant weight to the opinions of Mr. Glover's treating doctors, who had direct knowledge of his condition and considered it not unsafe for him to fly, despite acknowledging the prostate cancer was not stable. This was contrasted with CASA's expert opinion, which relied on reports without direct patient interaction. The Tribunal found that the risk of sudden incapacitation was remote and could be mitigated by imposing conditions on the licence, such as requiring flights to be conducted in a manner that minimised risk to people on the ground, particularly given Mr. Glover's stated intention to fly between his remote properties. The Tribunal concluded that the errors in Mr. Glover's application form did not demonstrate consciously misleading conduct.

Consequently, the Tribunal set aside CASA's decision and remitted the matter to CASA with a direction to grant Mr. Glover a Class 2 Medical Certificate subject to appropriate conditions.