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The 2023 Act introduces a process to enable expert independent reviews of how the CAA exercises its key functions and powers.
The new function will provide a readily accessible avenue for sector participants to raise genuine concerns about how regulatory decisions have been made, and for their investigation by a neutral and impartial party.
The function is intended to enhance the rights of sector participants and promote transparency, timeliness and accountability in the regulatory system.
At present the main avenue for individuals and entities to seek reviews of regulatory decisions is through the courts, which can be a costly and slow process. The new function will provide a faster and more accessible independent review option.
The Act requires the Minister of Transport to appoint one or more independent reviewers to carry out reviews.
Key elements of the review procedure are:
· individuals and entities will be able to apply for reviews of decisions made by the Director (or, in practice, persons delegated by the Director) that affect them
· reviewers will carry out reviews, drawing on expert advice as appropriate, and then report their recommendations to the Director
· the Director must then decide whether to accept any or all of the reviewer’s recommendations, and provide written justification for that decision
· the Director’s decision is final.
Reviewers will not have the power to overturn CAA decisions – this is to avoid any conflict with the Director’s overall responsibility to oversee a safe and secure civil aviation system.
The outcome of a review will not affect an applicant’s right to then appeal the decision through the Courts, should they wish to do that once the independent review is complete.
The scope of decisions to be subject to the new review function is to be defined in regulations, which will be developed by April 2025.
The function will not carry out reviews of medical certification decisions, as these decisions are already reviewable through the Medical Convener (external link)procedure, which the Act continues.