Tabart and Civil Aviation Safety Authority

This matter concerned an appeal by Mr Tabart against decisions made by the Civil Aviation Safety Authority (CASA) regarding the issuance of a Class 2 medical certificate. The dispute centred on whether Mr Tabart met the legislative criteria for such a certificate, given a medical condition identified as relevant to aviation safety.

The Administrative Appeals Tribunal was required to determine whether Mr Tabart possessed a safety-relevant medical condition that precluded him from satisfying the legislative criteria for a Class 2 medical certificate. The Tribunal also had to consider whether, despite any such condition, a Class 2 medical certificate could be issued with a specific condition to ensure the safety of air navigation.

The Tribunal found that Mr Tabart did indeed have a safety-relevant medical condition. However, it concluded that the only condition that would adequately ensure the safety of air navigation was that Mr Tabart fly only with a safety pilot. Accordingly, the Tribunal affirmed CASA's decisions to issue Mr Tabart a Class 2 medical certificate with the condition that he fly only with a safety pilot, finding these decisions to be correct.