Reece

Is the Department of Aviation’s Right to Suspend Licences Orally a Serious Breach of Privilege?

Intimidation is a terrible word. It is an even more terrible word when it is used in context to describe the relationship between a major Australian industry and its governing body, the Department of Aviation.

The threat of intimidation to those who actively disapprove of the policies of the DofA are, of course, well known. Dick Smith’s book, “Two Years In The Aviation Hall Of Doom”, has detailed many such instances which have gone completely unchallenged by the Department. This writer has spent years hearing tales of woe from operators who were desperate to see change in line with that of the major overseas nations. I have seen good people lose their jobs because the plane they were tasked with selling suddenly did not comply with Australian certification requirements because it was a little over 12,500lb! We have tried to write about these things in the past but on each occasion, the people involved have refused to be quoted, for fear of reprisal by a government Department that is all-powerful in its ability to cause an operator severe financial hardship in the long term.

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The vehicle of intimidation, which serves to solidify the bureaucrat’s power base in Canberra, is of course the abundance of dispensations that the industry operates under on a day-to-day basis. Dispensations are given and dispensations are taken away in such a manner that any operator who relies upon them for his livelihood would be naive to rock the boat. For instance, every single heliport in the Sydney region operates under a dispensation. In other words the DotA could close down each and every Sydney metropolitan heliport in one hour if it wanted to. The fact that this situation is in existence proves beyond doubt how outdated our basic operating regulations are, but that IS rather obvious, isn’t it!

Of even greater perversity is the Department’s right to suspend a pilot’s licence for almost no reason at all. Australian Aviation believes that a licence can be suspended even on the grounds of an anonymous telephone call. Imagine that! I don’t like somebody who I know to be a commercial pilot so I phone my local DolA representative and tell him that this pilot has just committed an offence. Going on past history that pilot can then be grounded subject to an enquiry which he knows nothing of and could take three days or three weeks to execute. Terrible as this may sound it is regrettably true. Some recent examples cited by Dick Smith at a recent National Press Club luncheon in Canberra: ”

1. Andrew Hewitt is a senior commercial pilot with many years of experience, he spends much of his time flying State and Federal politicians on charter missions. Earlier this year while flying into Sydney he had to hold for a considerable time due to traffic. With a depreciating fuel state he requested a priority landing clearance on safety grounds. This was given and he landed normally. Two weeks later he received a letter stating. ‘In pursuance of my delegated Powers under Regulation 257, your SCPL is hereby Suspended for the purposes of an investigation. Mr. Hewitt then visited the DofA with an AFAP and a Company representative to find out what offence he had committed. The DotA representative admonished him for calling a priority and then handed him a pre-typed letter from his ‘out’ tray which effectively reinstated his licence.

2. Col Paine, with a quarter century of flying experience, 11,000 hours, used to be Sir Reginald Ansett’s private helicopter pilot. Col was flying a Channel 10 helicopter on the 16th of February this year when, with full approval, he landed in a suburban Melbourne park. Somebody then rang the Department to say they did not approve of the way in which he landed. Col then received a letter and telegram stating that his licence was suspended till an enquiry was convened. Without any more comment, his all-important licence was returned several days later.

3. Terry Lee, one of Australia’s most experienced helicopter pilots, even owns his own specially equipped Jetranger and well known as an outspoken rebel (in DofA’s eyes) on the Darling Harbour heliport issue. During April this year, Terry received a phone call at home from one of the DofÁ examiners who said that, ‘one of our officers was in the Centrepoint Tower having dinner on Sunday night and he claims he saw you fly past and that you were too close and we have suspended your licence. With a million-dollar asset and his entire livelihood now grounded Terry Lee was naturally perturbed, particularly as his flight was a regular transit of the city region, no more. He went to defend his case with another member of the Helicopter Association of Australia. When he arrived there he was handed a pre-typed letter from the ‘out tray’ that said, ‘The investigation has now been completed and has not shown any cause for the continued suspension or other action in respect to your licence and accordingly the suspension has now been terminated. ” Is Terry Lee still such a ‘stirrer”. I cannot tell that, as only he knows now how precarious his, and potentially EVERY pilot’s livelihood is in Australia under these most draconian, unjust and totally absurd rulings. But there is more.

The Department has issued an ARP (Aviation Regulatory Proposal) to amend the Regulations by omitting Sub Regulation 1 by notice in writing served on, and substituting either by notice given ORALLY or by notice in writing. In other words the Department is now seeking to introduce legislation that would allow them to suspend YOUR licence with a mere phone call! Can you believe that, in Australia, in the nineteen eighties?”

These are extremely grave accusations that are based entirely on fact. No doubt, as we are finding, out they are unfortunately also only the tip of the iceberg. Most people we have questioned on the level of submission that they are making to the Parliamentary Sub-Committee have told us that they will be giving evidence in camera. This means that these people also wish to have their privacy protected for fear of reprisal. This also includes one of Australia’s major airlines which, in itself, is an endorsement of the gravity of the situation.

What does the DofA think about these, and other, allegations made in Dick Smith’s book? Well, who knows, they certainly DON’T talk about it. Secretary Collin Freeland stated on ABC radio on March 2 “I don’t believe the matters raised (in the book) are in any way serious”. That is about as much as the Department officially admits-which considering the seriousness of many of the situations outlined in the book is indeed cause for dismay.

This writer has now attended three public meetings where Dick Smith has spoken on the problems within the Department. On each occasion there have been DotA representatives present. On each occasion they sit up the back, studiously taking notes and as soon as the address is finished they scurry off with their assembled notes and tapes. On no occasion has Smith ever been approached by a DofA representative in an effort to put forward the Department’s defence? The DotA thinks Smith will go away in time, but they are wrong. his second book is already in the pipeline and thanks to Canberra Federal Member, Ros Kelly, the Parliamentary Sub-Committee is already hearing the testimony of those in the industry.

For the Department of Aviation, its continued and absolute silence could well be damning.

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