Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Transport) Share this | Link to this | Hansard source

My question is to Senator Abetz, the Minister representing the Minister for Transport and Regional Services. I refer the minister to the decision by the Civil Aviation Safety Authority on 24 October to cancel the air operators certificate of Transair, the operator of the aircraft that crashed near Lockhart River 17 months ago, killing 15 people. Can the minister confirm that, despite ongoing fundamental safety problems at Transair, the company is still flying due to an automatic stay introduced by this government? Can the minister also confirm that under the government’s stay provisions this company can remain in the air for a further 90 days? Why is this government so complacent about aviation safety?

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

Starting with the last part of the question, of course this government is not complacent about air safety. To make that sort of unfortunate assertion does the senator no credit whatsoever. The Australian Transport Safety Bureau’s investigation into the Lockhart River accident has not yet been finalised. There is no suggestion in their interim reports that the accident was due to any failure by CASA 17 months ago, albeit that was implied by Senator O’Brien in a media release. The reports state that the aircraft was operating normally at the time of the accident, with no defect or malfunction evident. After the accident, CASA applied a higher level of audit and surveillance. This clearly shows that Transair was under continuous and appropriate CASA scrutiny and that the nature and scope of the audits was progressively increased.

The director of aviation safety has assured himself that there is no imminent threat which would prevent Transair flights continuing at this time. The recent decision by CASA to cancel Transair’s AOC, as well as other actions against Transair that have occurred since 2001, are the result of CASA’s surveillance of the air transport sector, and this reflects CASA’s willingness to take action.

That is the information that I have been provided with. We know that from time to time Senator O’Brien seeks to ask questions and raise issues about CASA. Just recently he issued another media release about these issues. From the government’s point of view, we are very concerned about air safety for all Australians. We have a bureau that is undertaking that task, and the government sees no reason why the people of Australia should not have confidence in the way it is undertaking its tasks.

Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Transport) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I return to that part of my question which Senator Abetz did not deal with—that is, the fact that Transair, having been told that its air operators certificate is to be cancelled, has an automatic, regulated 90-day stay of that order. It does not have to apply to a court to get the stay. CASA has implemented, with the approval of the government, a 90-day automatic stay of its own decision. Can the minister also confirm that the Civil Aviation Act provides CASA with the power to ground airlines that pose a serious threat but that it has chosen not to do so in this case? Why won’t the Howard government stop its soft treatment of Transair? Why won’t this government take action under the legislation to ground this airline? And why did the government create the power for this airline to effectively have its air operators certificate cancellation waived for a further 90 days?

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

I am not sure that the Labor Party necessarily opposed those provisions when they went through this place, but we can check the record in relation to that. According to aviation safety law, Transair can continue to fly, pending a review by the Administrative Appeals Tribunal of CASA’s decision to cancel its air operators certificate. The legislation provides for an automatic stay of five business days from the cancellation decision. The stay of the decision allows Transair to apply to the AAT for a review of the cancellation decision. Transair has had until the close of business on 31 October to make that application. If the application is made then the stay continues in effect for up to 90 days or until the tribunal completes its review of the decision, whichever comes first. We have legislated for this. This is called procedural fairness. (Time expired)