Jones and Civil Aviation Safety Authority

This matter concerned an application for review of a decision by the Civil Aviation Safety Authority (CASA) to cancel the aeroplane category commercial pilot licence (CPL), helicopter category CPL (CPL(H)), private pilot licence (PPL), and recreational pilot licence (RPL) held by the applicant, Mr Jones. The dispute arose from two incidents involving aircraft damage on 12 October 2020 and 9 January 2021, and allegations concerning the applicant's integrity, including a prior conviction for operating without authorisations and making false statements.

The court was required to determine whether the applicant had failed in his duty with respect to matters affecting the safe navigation or operation of an aircraft, and whether he was a fit and proper person to hold a pilot licence. CASA's case was based on the applicant's conduct during the two incidents, where aircraft he was flying sustained serious damage, and on his past dishonesty.

The Deputy President found the applicant's flying skill to be undoubted and paramount. While acknowledging the applicant's conduct on the ground during the incidents was foolhardy, particularly his failure to adequately inspect damaged aircraft and his decision to continue flying them, the Deputy President noted that these actions primarily affected his own safety. The Deputy President also considered the applicant's integrity, noting a prior conviction for dishonesty and dishonest statements made in relation to CASA matters. However, influenced by evidence suggesting the applicant was a "work in progress" regarding his integrity and had learned from his errors, and taking into account his current business commitments and supportive family circumstances, the Deputy President decided to give the applicant a chance to retain his licences.

The Deputy President set aside CASA's decision and, in lieu thereof, ordered that the applicant's flight crew licences be reinstated subject to conditions. These conditions included undertaking counselling and mentoring for one year, with regular reports from the counsellors to CASA.