Welcome to the latest edition of the HWL Ebsworth Aviation Bulletin.
We are delighted to bring you content addressing a range of current and emerging issues, trends and cases across the domestic and international aviation industries.
We trust you will find this edition of our Aviation Bulletin helpful and informative. Should you wish to discuss any of these articles in any more detail, please contact any of our partners.
Industrial manslaughter – lessons for aviation operators
A very recent Queensland District Court decision in R v Brisbane Auto Recycling Pty Ltd & Ors [2020] QDC 113 is a reminder to all employers and their officers of their obligations under the Work Health and Safety Act 2011 (Qld).
On 11 June 2020 the District Court convicted and fined a company $3 million following the death of a worker at an auto wrecking yard in Brisbane. The Court also convicted and sentenced the company’s two directors to 10 months imprisonment, wholly suspended for 20 months, for category 1 reckless conduct.
The decision is a reminder of the significance of industrial manslaughter penalties in Queensland and other Australian jurisdictions and their potential relevance to the aviation industry.
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Gravity of safety risk paramount in pilot licence decision – Matthews v Civil Aviation Safety Authority [2020] AATA 1163 (6 May 2020)
The Administrative Appeals Tribunal (AAT) recently found that even mild cognitive impairments from a 1992 head injury created an unacceptable risk to air safety and affirmed the Civil Aviation Safety Authority’s decision that the applicant did not meet the medical standards for the issue of a Class 1 or Class 2 medical certificate for a pilot’s licence.
Although decisions of the AAT turn upon their individual facts and evidence, the Tribunal’s decision illustrates that the seriousness of the risks flowing from a medical condition (even one with mild symptoms) can give rise to an unacceptable risk to air safety.
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