Wotherspoon and Civil Aviation Safety Authority

This matter concerned an appeal by Mr Wotherspoon against decisions made by the Civil Aviation Safety Authority (CASA). CASA had suspended Mr Wotherspoon's Flight Instructor Rating for six months and required him to pass a flight test for its re-issue. CASA had also refused to appoint Mr Wotherspoon as Head of Operations (HOO) for The Experiences Group. The dispute centred on Mr Wotherspoon's conduct while he was Chief Pilot (CP) and Chief Flying Instructor (CFI) for JamCo.

The Administrative Appeals Tribunal was required to determine whether Mr Wotherspoon was a fit and proper person to hold the responsibilities and perform the functions of a HOO, and whether CASA's decisions to suspend his Flight Instructor Rating and refuse his appointment as HOO were the preferable decisions. The Tribunal considered whether Mr Wotherspoon had contravened provisions of the Civil Aviation Safety Regulations (CASR) and the Civil Aviation Regulations (CAR), and whether he had failed in his duty with respect to the safe navigation or operation of an aircraft.

The Tribunal found that Mr Wotherspoon, in his roles as CP and CFI, had breached several regulatory provisions in the CAR. These breaches were considered serious due to their potential to cause a catastrophic accident. The Tribunal noted that Mr Wotherspoon must have been aware of these breaches. Applying the principles of aviation safety and the requirements of the CASR and CAR, particularly concerning fuel usage, flight records, and pre-flight checks, the Tribunal concluded that Mr Wotherspoon's conduct raised serious concerns about his fitness and propriety to be appointed as HOO.

Consequently, the Tribunal affirmed CASA's decision to suspend Mr Wotherspoon's Flight Instructor Rating for six months and to require him to pass a flight test for its re-issue. The Tribunal also affirmed CASA's decision to refuse Mr Wotherspoon's appointment as HOO for The Experiences Group, finding both decisions to be the preferable outcomes.