HACKETT and CIVIL AVIATION SAFETY AUTHORITY

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2011] AATA 453

ADMINISTRATIVE APPEALS TRIBUNAL                   )

)        No 2010/3211, 5528

GENERAL ADMINISTRATIVE DIVISION		)
Re		JEREMY JAMES HACKETT

Applicant

And CIVIL AVIATION SAFETY AUTHORITY

Respondent

DECISION

Tribunal Ms G Ettinger, Senior Member
Dr M E C Thorpe, Member

Date29 June 2011

PlaceSydney

Decision

Pursuant to section 42B of the Administrative Appeals Tribunal Act 1975, the Tribunal dismisses Mr Hackett’s application for review, (matter 2010/3211), of the decision of CASA dated 21 April 2010 which suspended his Class 1 and Class 2 medical certificates.

In matter 2010/5528, the Tribunal varies the decision under review dated 22 October 2010 as amended on 13 January 2011 by replacing the conditions imposed on Mr Hackett’s Class 1 and Class 2 medical certificates with the following conditions:

A)   Mr Hackett must provide to CASA the following 3 monthly blood test results;

§  MCV

§  GGT

§  CDT

B)   Mr Hackett must provide to CASA a three monthly progress report from the Qantas Medical Officer.

C)   Mr Hackett must provide a three monthly progress report from his psychiatrist, Dr Phillips.

D)   Mr Hackett’s Aviation Medical Certificates should be endorsed ‘Renew by CASA Only’. This alerts the DAME that only Aviation Medicine can revalidate the certificate after assessment of the required reports.

...................[sgd]...........................

Ms G Ettinger

Senior Member

CATCHWORDS

CIVIL AVIATION – Applicant holder of Class 1 and Class 2 medical certificates – incident overseas following alcohol consumption with fellow crew member – whether Applicant’s reported behaviour was a manifestation of excessive alcohol consumption or a psychotic episode or drink spiking – decision under review varied – conditions varied.

Civil Aviation Act 1988 (Cth), s 9A

Civil Aviation Safety Regulations 1998 (Cth), regs 67.010, 67.015, 67.150, 67.155, 67.180, 67.195, 67.240

Attorney-General v Wentworth (1988) 14 NSWLR 481

Ford v Child Support Registrar [2009] FCA 328

Re Reddish and Civil Aviation Safety Authority [1999] AATA 721

Re Williams and Australian Electoral Commission and The Greens (Party joined) (1995) 38 ALD 366

REASONS FOR DECISION

29 June 2011	Ms G Ettinger, Senior Member   Dr M E C Thorpe, Member
SUMMARY

1. Mr Jeremy James Hackett is a Second Officer with Qantas, and flies internationally. On the night of 22 March 2010, while on an overnight trip in Buenos Aires, and after he had spent the evening dining with his captain and fellow flight officers, he continued to party with First Officer Simon Redhead. We are satisfied from the evidence that both men had been drinking, talking, and exchanging views. We are mindful also, that based on the subjects raised by Mr Hackett during those late night and early morning conversations, such as adverse environmental impacts on the future of the planet and his children, death and reincarnation, and Mr Hackett’s robust emphasis of his views with gestures such as banging his fist on a table, Mr Redhead became concerned for Mr Hackett’s safety. Mr Redhead, accordingly made contact with the Qantas welfare officer, Captain Steven Anderson of the Australian and International…