Whitehall and Civil Aviation Safety Authority

The applicant, Whitehall, sought review of a decision by the Civil Aviation Safety Authority (CASA) regarding his eligibility for a Class 1 medical certificate. The dispute centred on whether Whitehall met the required medical standards for such a certificate, specifically concerning his history of opioid and benzodiazepine dependence. The matter was heard by Deputy Ian Hanger AM QC P.

The court was required to determine whether the applicant's medical condition was likely to endanger the safety of air navigation, and if any conditions could be imposed on a medical certificate to mitigate such a threat. Central to these issues was whether the applicant's abstinence from problematic substance use was sufficiently certified by an appropriate specialist medical practitioner and whether he had provided evidence of completing relevant therapy.

The court reasoned that the applicant had a medically significant and safety-relevant condition due to his severe opioid and moderately severe benzodiazepine dependence. Accepting the evidence of medical practitioners, the court noted the extremely high rate of relapse for these disorders. The court found that the applicant's use of medications, which caused safety-relevant side effects, was problematic. Crucially, given the applicant's history of deception and lack of up-to-date evidence, including a hair drug test, the court was not satisfied that his addiction had ceased or that his abstinence had been certified by a specialist. The court concluded that the applicant had failed to meet the criteria for a Class 1 licence.

The Tribunal affirmed the reviewable decision of CASA dated 29 January 2018.