kaz3g
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Everything posted by kaz3g
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I think you have it back to front. The new organisation registered by ASIC which is simply awaiting the proposed new CASA regs would appear to be less likely to an action for not providing particular services or services to individuals, ie less accountable, than is RAA currently. And I haven't read anything that suggests anyone is litigating. Kaz
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The Commonwealth has limited powers to legislate in regard to discrimination and it is left to the States. In Victoria, the EO Act provides protection to club members as follows: EQUAL OPPORTUNITY ACT 2010 - SECT 65 Discrimination against club members A club, or a member of the committee of management or other governing body of a club, must not discriminate against a member of the club— (a) by refusing, or failing to accept, the member's application for a different category or type of membership; or (b) by denying or limiting access to any benefit provided by the club; or © by varying the terms of membership; or (d) by depriving the member of membership; or (e) by subjecting the member to any other detriment. This covers discrimination occurring in Victoria and it is likely other States and the ACT have similar provisions.
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The terms of the agreement with CASA would be important in determining the question of supply of service in either case and I don't have that information. If the agreements do not impose a positive obligation then I doubt a private company could be required to provide a particular service or to service a particular individual (but it would turn on the circumstances of that refusal). The services that RAA provides, within the confines of the CASA agreement, the Regs and the CAOs, are ultimately questions for the membership. The denial of service to a particular member is something I would like to take on notice...my view is that it is abhorrent and that the correct process is for the persons fitness to retain membership to be examined instead in accordance with the constitution and the rules of natural justice. Kasper and Don have much better understandings of the new constitution than I so might offer a view on this. Kaz
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It's not got anything to do with my liking it. It's just about a correct interpretation of the law. I guess what I'm saying is that, in my opinion, your opinion is very clearly wrong and I actually am a solicitor with a Principal Solicitor's practising certificate and ten years of practice behind me including in consumer law. But I could be wrong. Kaz
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The ACL does not deal in discrimination in supply of services at all since the proscription against price discrimination in s49 of the old TPA was repealed. Discrimination in the supply of services is dealt with under Equal Opportunity legislation, State and Commonwealth, but only applies in relation to selected attributes. Being a pilot or aircraft owner or being desirous of that happy state is not one of them. Kaz
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Perhaps you could explain how simply refusing to supply a service is unconscionable conduct under s21? It's possibly also instructive to look at the definition of a consumer in s3. Kaz
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The Australian Consumer Law doesn't seem to agree Refusal to supply products or services Kaz
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[quote="P4D, post: 582635, You are already being administered in RAA by a Limited Liability Company Company. Decisions and voting is already restricted to office holders. You can only vote them in or out of office just like the Australian Parliamentary System. You cannot not be involved with voting on policy. politics, documents, finances etc. They will only report to you not involve you in operational matters or strategic planning that affects every member. There is a significant difference between a corporation of limited liability in which all its members are able to vote on the composition of the board, and a Pty Ltd which is a private organisation in which only the less than 50 shareholders have a vote. Kaz
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I think the process is to collect the data first, then analyse, then structure training packages (education for Keith) while still collecting data and then analysing it again to gauge the effectiveness of the training delivered and review/refine it. Leave a step out and it turns to crap. Regulations of themselves generally do little for safety, but the more sensible ones are the consequence of someone's serious stuff up eg the proscription against flying VFR into cloud, not flying below 1000 over populous areas and so on. It is unfortunately the case that you can't regulate idiots especially if the regulations are unintelligible to us ordinary mortals and raise doubts about the ability of the write to use plain English. Kaz I just saw the additional comments from Keith and the thought immediately struck me that the purpose of this new proposal from CASA seems to be to regulate without the host of exemptions that are inflicted on RAAus. To me, that says the CAR and CASR will be applied to the new cohort just as they are to other VH registered aircraft. It's going to be an interesting journey, I think.
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I'm as much in the dark as the next person but it seems to me that aircraft registration was where the big issues between RAA and CASA occurred a couple of years back. So my sixth sense tells me CASA will retain the responsibility for all VH regos (and the standards of the aircraft registered). What I think they will do is allow approved organisations to control training, licensing, and possibly building and maintenance with respect to aircraft up to a specified weight/capacity. I also think the licence will be an RPL type with a wide suite of endorsements covering powered fixed wing, gliders, rotary wing, powered parachutes and the like. But I'm just guessing like everyone else. Perhaps Keith can give us an insight to his recent discussions with the SASOs? Kaz
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I don't quite understand. What members? This Is a Pty Ltd company and it will have customers. Kaz
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Keith might have to be a little less obtuse in his posts now he is running a private business and no doubt looking for a profit. Kaz
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Really interesting read, thank you. I am a bit obsessed about military aviation history and am in awe of what young men did in two World Wars in the air. Kaz
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in the back of my mind has been the thought that splitting the responsibilities for ultralight aircraft between two organisations potentially defeats the economy of scale currently enjoyed by RAAus. I wonder if this new group has negotiated support from the SAAA owners to improve its base? If it has, that moves it even further away from the basic R&T brigade's aspirations. Kaz
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"...reasonable opportunity at the meeting" You have a shiny new rule that must be followed. Surely this is much better than when Steve R shut down discussion at his last AGM as President? Kaz
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I guess what they are telling you is that the transponder is fine but the GPS source provided by Dynon is not. So you need to link the transponder to a TSO GPS which will cost you heaps if you want ADSB. Perhaps you can convince Dynon to seek certification of their GPS? I bluetooth a Dual GPS receiver to the iPad to assist in obtaining good signals. On my last trip to Alice I took particular care to check the accuracy of the OzRunways moving map on my iPad against the ground and was amazed at how good it was. The dog fences were right where the chart said they should be. Although a Garmin 430 is certified, in my view the size of the display makes it almost impossible to get the same sort of accuracy as the iPad so, while ASA might know exactly where you are via ADSB, you might not. Fortunately, the AUSTER is happiest at lower levels and the most sophisticated instrument in it is the one with the ball and a little airplane in it so I'm happy with my mode C which works fine. Kaz
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I sure it's ok as long as you attribute any publication to Dick...fair dealing under copyright. Kaz
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Dick produced a number of such literary gems but I think I should leave it to him to post some more if he wishes. Or you could join the Coldstream crew and enjoy lots of benefits Kaz
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One of the wisest to the ways of aeroplanes I know is Dick Gower. Dick has taught a huge number of pilots to fly, both GA and RA and has mega hours in numerous aircraft types including the Chipmunk he has owned for more than 30 years. He readily shares his knowledge and a touch of wicked humour to those willing to learn. His comments on hand starting can be read at http://ycem.com.au/images/CFS/armstrongstarter.pdf Enjoy Kaz
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Unfortunately, Turbs, it seems highly unlikely that there will ever be a surfeit of nominations for a job which brings no financial rewards and not much appreciation, either. How quickly we forget the freeze on registrations, the difficulties with individual aircraft types, and the very distinct possibility that CASA would close down the whole shebang. Only 10% of members even bothered to vote so perhaps the only logical conclusion that can be drawn is that the other 90% are satisfied with the outcome. The alternative is that they are all apathetic and that couldn't be right....could it? Kaz
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Without presupposing the cause of this tragedy, when employing an Armstrong starter, then Set the brake Chock the wheels or tie the tail down Have a qualified person in the pilot's seat Start on the impulse mag Step out of the arc of the prop Kaz
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I'm 72 and I wish....sigh Kaz -
It's a works job...non-flying. One of our Aeroclub members was in that role until sadly killed in a MVA recently. Kaz
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When I went to sea it was "No RED PORT LEFT in the bottle" that distinguished our reds and greens. Which reminds me of my assessment many years ago at the then Marine Board for a commercial ticket to drive boats up to 65' long. Captain Mesquita was the assessing officer. He showed me red light, green lights and white lights. He asked lots of questions about the rules of the road at sea and then he checked my eyesight. "Bugger", I thought...I had forgotten my glasses. "Cover one eye", he said. So I covered my right eye and then read the text he put before me. "Now the other one" said the man with 4 rings on his sleeve. So I covered the left one and could read nothing. "You are blind in one eye" was his response to this and then, "You have failed". "Not much room for Nelson in your navy!", was my smart-arse retort. "WHO IS THIS NELSON? And I cracked up! I went back to the office, got my glasses and sat the test again with a much better outcome. I was a bit pissed years later when Victoria brought in recreational boating licenses and I had to do another test and pay for it...sound familiar? Kaz
