A few comments:
1. The scenario given earlier was based on a pilot with minimal experience. Should a pilot have extensive experience on similar types, read the POH and learn the SOPs for the type there wouldn't be a problem jumping in and flying. That's why it's left to the pilot to determine if they're competent.
2. The glossy .pdf documents CASA publish about the new regulations do have a legal standing in court. The regulations are interpreted based in the intent. CASA publish the glossy brochures stating the intent, the courts would/must interpret any vague Reg based on them.
3. At the end of the day if a pilot goes flying in a new type and nothing goes wrong, they must've been competent? However, if they bend said aeroplane or worse still injure a pax, they're going to have a very tough time in court proving they were competent.