Reubel and Civil Aviation Safety Authority

The applicant, Reubel, sought review of a decision by the Civil Aviation Safety Authority (CASA) to impose a condition on his class 2 medical certificate. CASA had determined that due to a history of transient ischaemic attacks (TIAs), Reubel posed a risk to public safety if permitted to fly without a safety pilot. The Administrative Appeals Tribunal was tasked with examining the medical evidence and determining the appropriateness of this condition.

The central legal issue before the Tribunal was whether the imposition of a safety pilot condition on Reubel's class 2 medical certificate was justified under the relevant civil aviation medical standards. This required the Tribunal to assess the likelihood of Reubel becoming incapacitated during flight due to his medical condition and to consider whether the condition was necessary for public safety.

The Tribunal considered extensive medical evidence concerning Reubel's TIAs. It applied the principles of aviation safety regulation, which prioritise the prevention of accidents and the protection of the public. The Tribunal found that the medical evidence supported CASA's assessment that Reubel's condition presented a safety-relevant risk, meaning there was a real possibility of incapacitation during flight. Consequently, the Tribunal concluded that the imposition of the safety pilot condition was a reasonable and necessary measure to mitigate this risk and ensure public safety. The Tribunal affirmed CASA's decision.