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Aviation Briefs is an official news medium for the Aviation Law Association of Australia (ALAA).
Aviation Briefs
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When Is a Test Not a Test?
Examinations and tests in the aviation world are commonplace to virtually everyone with the desire to operate within it, either professionally or for recreation. From almost the first moment the engineering apprentice pulls on his new pair of overalls, or the budding commercial pilot takes his first flying lesson they, along with the dozens of other categories of personnel who together constitute the aviation industry, are presented with a seemingly endless succession of examinations and tests; and the process does not end with the issue of that hard earnt certificate or licence. Throughout their careers, pilots, engineers, air traffic controllers and a host of others are regularly subjected to continuing scrutiny by the aviation authority for the purpose, so it is said, of ascertaining their continued proficiency and/or suitability for higher qualification.
It is probable that no other industry or calling exercises such a degree of assessment over its participants and for those whose livelihood depends upon it, it is imperative that the authorities who set and assess the standards by which industry personnel are measured not act in a capricious or arbitrary manner. Regrettably, wrong decisions about qualification for the issue or extension of licences etc. are made from time to time and the consequences of those decisions for. the applicants are frequently severe. In some instances, however, all may not be lost for the disappointed applicant. A relatively recent decision of the Administrative Appeals Tribunal (AAT) illustrates the role of the Courts in alleviating unwarranted hardship in the industry’s certification processes.
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