A commercial pilot who has had their licence suspended for allegedly low flying does have the facility to appeal the decision. This appeal process is through the Administrative Appeals Tribunal (AAT) which was established under the Administrative Appeals Tribunal Act 1975 (Cth) with the purpose of reviewing decisions that have been made based on legislation.
In order to decide on an actual appeal, the AAT has the authority to review material used by the decision maker as well as any other material that is relevant to the respective appeal. In the case of a commercial pilot appealing against the decision by CASA to suspend their license, the pilot (or Applicant) would initiate the process and AAT, in turn, would notify CASA (who would be known as the Respondent or the decision-maker) that an appeal has been received. AAT would also notify any other person who is a party in the appeal. A request for the temporary suspension (a stay order) on the decision can also be made at this time. In this example, if the stay order request was successful, then the commercial pilot would be able to continue his flying.
A possible reason a commercial pilot license can appeal the suspension of his licence is claiming that the loss of license would affect earnings and loss of income. The AAT would review this claim against supplied evidence and would make a decision based on that evidence. In the case of Moores Airspray Pty Ltd and Civil Aviation Safety Authority [1995] AATA 225 (11 August 1995), although the appeal was not for loss of licence, but for loss of the Air Operator’s Certificate (AOC), the claim was made that the Applicant would not be able to conduct business without a valid AOC and therefore any loss of the AOC would be detrimental. There were other claims made in this appeal too, but the Tribunal found that the decision made by CASA should be set aside and the AOC should be re-issued to the applicant1.
The Federal Court is another avenue to the aggrieved pilot, however this course of action will only challenge the decision making process, whereas the AAT path would question the actual decision itself.
There is a pool of thought in that the Commonwealth Ombudsman is able to review decisions. This is a non-tribunal avenue and only allows for the investigation and obtaining information about decisions, and to make recommendations based on their findings. This process does not have the authority to enforce orders.
Summing up, in the hypothetical case of a commercial pilot license appealing the suspension of his license, appealing to the Administrative Appeals Tribunal is the main course of action. The pilot can request a stay order to delay the commencement of the decision and likewise can also appeal the actual decision itself. The AAT has the power and authority to reverse the decision that CASA has made. From an aviation point of appeal, both the Civil Aviation Act 1988 and Civil Aviation Safety Regulations allow all for this type of appeal.
References:
1 – Moores Airspray Pty Ltd and Civil Aviation Safety Authority [1995] AATA 225 (11 August 1995)
Australian Appeals Tribunal. (2016). Overview of the review process . [ONLINE] Available at: http://www.aat.gov.au/steps-in-a-review/overview-of-the-review-process#tdocuments. [Accessed 17 May 2016].
