Safety through clarity

The vital relationships between regulator and regulated should be characterised by openness and a willingness to listen – especially where recent and relevant industry experience may be lacking from the regulator.

The current lack of vision for what we are actually trying to achieve through regulatory reform locks us into a worst-case scenario of increasingly complex regulations divorced from promoting better aviation safety behaviour or reducing spiralling compliance costs.

If we don’t know where we are heading or why and the obvious priority is to get the new regs out regardless of usefulness, clarity or likely safety outcomes, then we shouldn’t be too surprised when this leads to a significant breakdown in relations between industry and regulators.

A recent industry crisis meeting in south-east Queensland not only highlighted the deep concern industry has for its own future under the current system, but also highlighted the inability of CASA to respond to genuine concerns and questions in any meaningful way that does not involve attempted intimidation of the victims. The attendees at that meeting were legitimately expressing their concerns with the many symptoms of unaccountability and the apparent lack of focus on real safety issues that AAAA has been highlighting for some considerable time.

The indecent rush to make CASR Part 61/141 law – without the essential Manual of Standards, the unilateral introduction of a new flight and duty time regime that appears hell-bent on making existing safe operations non-compliant, the mess of maintenance licencing and a spate of groundings of aircraft for trivial issues do not indicate a mature, accountable, transparent or even predictable regulator.

Recent attempts by CASA to undermine the ‘no-blame’ principle of accident investigation and the protection of accident/incident reporting to ATSB also appear to be rooted in self-serving priorities.

Throw in the removal of sponsorship of a range of aviation associations’ safety activities, with CASA itself drawing the link between the withdrawal of funding and criticism of CASA in this column, and the real underbelly of CASA’s culture is revealed.

It is the legitimate role of associations in representing the interests of members to criticise government agencies when their policies, attitudes and outcomes are damaging. AAAA’s default setting is positive engagement and public criticism is reserved for serious and generally repeated problems.

Our aims are consistent – to improve aviation safety, reduce the regulatory cost burden, and to encourage a match of regulation to the complexity – or simplicity – of the operation. AAAA will not be intimidated because those aims may be uncomfortable for any regulator or individual.

“CASA itself (is) drawing the link between the withdrawal of funding and criticism of CASA in this column.”

Industry has already put forward an action plan to significantly improve the performance of our aviation safety regulatory system by major reform – including refocussing CASA on playing a more positive and mature role with industry. The Australian Aviation Associations Forum policies are available from www.aerialag.com.au under ‘Resource Centre/Policies’.

This plan includes the urgent need to separate the policy development role from the entry control and compliance role currently vested in the one agency. The temptation to simply regulate with the single objective of making successful prosecutions easier for the regulator is a nonsense that is a leap backwards for aviation safety.

Sound aviation policy, strong corporate governance structures and an inherent instinct embedded in the regulatory management system for fairness and accountability must characterise the aviation turn-around the whole industry is looking for.

AAAA is calling on all aviators, maintainers and anyone with an interest in the future of aviation to meet with your local Federal politicians and highlight the need for change. Give concrete examples of the cost hikes you are facing. Take a copy of the Forum policies with you.

Whatever the outcome of the September election, AAAA’s sincere hope is that all political parties look very closely at failings of the current aviation regulatory system.

Our leaders should – before the election – commit to dramatically improving Australia’s competitiveness and aviation job futures by amending the Act and other legislation to reflect a more positive, open and accountable approach to fostering and promoting – as well as regulating – aviation. Clearly.