Dick Smith Flyer
Dick Smith's letter to the Minister regarding the Class C radar directive
By Dick Smith
Apr 28, 2008, 14:33
22 April 2008
The Honourable Anthony Albanese MP
Minister for Infrastructure, Transport,
Regional Development and Local Government
Member for Grayndler (NSW)
PO Box 6022
Parliament House
CANBERRA
Dear Sir
Dick Smith & Airservices Australia
We act for Dick Smith, former Chair of both the Civil Aviation Authority and Civil Aviation Safety Authority.
Between 2002 and 2004 our client was a member of the Special Aviation Reform Group (SARG) set up by the previous Coalition Government to recommend a plan for the reform of Australia’s low level airspace.
On 31 August 2004 the then Minister for Aviation issued a Direction under Section 16 of The Air Services Act, to the effect that Airservices Australia must provide an operating ATC control tower and an approach radar control service in low level Class C airspace. This Direction followed a recommendation of SARG and was necessary to ensure a safer airspace.
It was therefore with some alarm that my client read the following reference in Labor’s Statement on Aviation dated 23 November 2007:
“Labor will withdraw the Howard Government’s unnecessary radar Direction. That Direction issued to Airservices will impose unjustifiable costs on industry and have no safety or business case rationale”
It is our client's firm belief based upon his extensive experience in the aviation industry that any action by you as Minister to withdraw this important directive will have serious safety implications. The attached letter from Mr Anthony J. Broderick to Bruce Gemmell, Chief Operating Officer of the Civil Aviation Safety Authority dated 21 October 2004, provides support for this belief. Mr Broderick was for more than eleven years the senior aviation safety official in the United States Government. The Minister for aviation at that time asked the Civil Aviation Safety Authority to obtain an expert view on operating Class C airspace without radar. Mr Broderick's answer was clear:
"So, my answer to the question the Minister asked of you is yes, there is a significant safety differential between Class C airspace with radar and Class C airspace without radar."
In such circumstances, we request your assurance that you will give our client no less than 14 days written notice of any intention to withdraw the Ministerial Directive for radar to be used in Class C airspace. Such prior notification is required to enable our client to make urgent application to the Federal Court of Australia for an Order of Review pursuant to s6 of the Administrative Decisions (Judicial Review) Act 1977. The grounds relied upon would include:
(a) taking an irrelevant consideration into account (s6(2)(a)), i.e. implementing Labor Party policy;
(b) failing to take a relevant consideration into account (s6(2)(b)), i.e. the findings of previous safety reports, including that of Professor Terry O’Neill.
Our client has previously commenced Federal Court proceedings concerning air safety issues where his status to bring such proceedings has been accepted by the Court. If such assurance is not received within 14 days from this date, our client will be left with no alternative but to make immediate application to the Federal Court for appropriate Orders and will rely upon this letter to seek costs.
Yours faithfully
Mark O'Brien
Partner