Reform can be easy

Following a High Court case it became clear to AAAA and government that industry and the wider community were being poorly served by legislation that left all aircraft operators – from the smallest to the largest – with an untenable liability while excluding all others who may have contributed.

AAAA was particularly concerned that even personnel brought to an accident scene, by the very nature of their skills and training – such as emergency responders – would be able to hold the aircraft operator 100 per cent liable for any injury or damage they may incur – regardless of their own actions or the possible failings of their agency.

The amendments voted for by the parliament did not go as far as AAAA had suggested – a complete removal from the coverage of the Act of all general aviation operations – as had been the understanding in both the original explanatory memorandum and second reading speech to the Bill.

However, the introduction of contributory negligence and the ability to ‘rope-in’ others who may have played some role are significant and very welcome reforms.

This significant change to the Damage From Aircraft Act came shortly before the launch of comprehensive aviation policies from a number of peak aviation associations working together under the Australian Aviation Associations Forum. The fact that significant common policy ground was found speaks loudly about the goodwill and appetite for reform in the industry and the significant body of work that desperately needs to happen so government can foster and promote aviation.

The policies map out a future for the industry that the White Paper failed to do. While it is only a start, the policies provide a solid framework for all political parties to consider how they can shape initiatives that make reform as positive, common-sense and timely as the recent Damage from Aircraft Act example.

A particular strength of the associations working together on policy is that a lot of hard work has been done for government. Special emphasis has been placed on establishing sound governance and supporting structures that will deliver a better focus on aviation that has not been seen for many decades.

The Aviation Policy is available from supporting associations – as well as the AAAA website – www. aerialag. com. au In a year that could easily be characterised as a policy-free zone (perhaps better described as a year of political character assassination) it is refreshing to close with a glimpse of what could be rather than what normally is.

After decades of so-called ‘regulatory reform’, CASA seems no closer to delivering meaningful improvement. The latest discussions with industry on fatigue risk management systems (FRMS) and the review of CAO48 seem to be a case of CASA having to relearn what industry actually needs to function, and in aerial work, industry actually having to argue for continuing the move to the more mature FRMS approach rather than the old prescriptive flight and duty time limits that sometimes offer no fatigue management value.

In contrast to CASA’s ongoing cultural challenges, there is the model employed by the Department of Infrastructure with the National Airports Safeguarding Advisory Group guidelines, which have delivered a comprehensive framework to protect airports and even low-level aviation from clear threats. And within a timeframe that is in the order of two years from a standing start – absolutely eye-watering speed when compared to CASA’s decades of reform that have delivered. . . more of the same.

There are better ways of doing things – there are ways to secure better regulations, better policies and better outcomes across a range of objectives – safety, cost, effectiveness, ease of use. Policy should never be a zero sum game where if one side wins the other must lose. Clever policymakers should be searching for continuous policy and consultation improvements with the same zeal that industry must find safety, productivity and efficiency dividends to stay competitive.

Sometimes all it takes to refocus the efforts of government, opposition, the bureaucracy and industry is a win that leaves us all thinking ‘why has this been so easy when it is normally so hard?’. Governments, oppositions and bureaucrats should never be surprised when they get a pat on the back from industry or the community for a job well done. After all – it’s about the policy – and making Australia a better place for all of us.

After decades CASA seems no closer to delivering meaningful reform.