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safety and other transport safety; and
(b) the practitioner’s experience (if any) in aviation; and
(c) the practitioner’s knowledge of the regulatory requirements
applicable to civil aviation in Australia; and
(d) the practitioner’s history, if any, of serious behavioural problems;
and
(e) any evidence held by CASA that the practitioner has
contravened:
(i) the Act or these Regulations; or
(ii) a law of another country relating to aviation safety; or
(iii) another law (of Australia or of another country) relating to
transport safety.
(6) In deciding whether to appoint a medical practitioner who has
previously been appointed as a DAO and whose previous
appointment was cancelled, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation given at the time of the
cancellation; and
(c) any evidence that the practitioner submits about his or her
capacity to exercise the powers or carry out the functions that
would be conferred by the appointment, if it were made.
(7) However, in making a decision in relation to a medical practitioner
referred to in subregulation (6), CASA is not obliged to reconsider, or
inquire into the circumstances of, the cancellation.
(8) If CASA refuses to appoint a medical practitioner as a DAO, it must
tell the practitioner, in writing, of the refusal, and of the reasons for
not appointing the practitioner.
Note A refusal is reviewable by the Administrative Appeals Tribunal — see
regulation 67.141.
67.070 DAOs — duration of appointment
An appointment of a person as a DAO remains in force:
(a) unless it is cancelled or surrendered; or
(b) if a period (which must not be less than 4 weeks) is specified in
the certificate issued to the DAO under regulation 67.085 —
until the end of that period unless sooner cancelled or
surrendered.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 3 – 3 September 2003 Civil Aviation Safety Authority
Part 67 — 12
67.075 DAOs — declaration about holders of position
(1) CASA may declare, in writing, that the person holding or occupying a
particular office or position from time to time, or performing the
duties of a particular office or position from time to time, is, subject
to subregulation (3), taken to be a DAO.
(2) CASA may also declare, in writing, that a qualified person specified
in the declaration is, for the purposes of doing a particular act or thing
specified in the declaration, taken to be a DAO.
(3) A declaration under subregulation (1) has no effect in relation to a
person occupying, or performing the duties of, an office or position if:
(a) the person is not a Fellow of the Royal Australian College of
Ophthalmologists, or does not have postgraduate qualifications
in ophthalmology entitling him or her to be recognised as an
ophthalmologist by the Health Insurance Commission or by the
public hospital service or public health service of a State or
Territory of Australia; or
(b) in the case of an ophthalmologist practising in a country other
than Australia — the person does not have postgraduate
qualifications in ophthalmology that are acceptable to CASA.
(4) Subject to subregulation (5), a declaration under subregulation (1)
remains in force:
(a) unless it is revoked; or
(b) if a period (which must not be less than 4 weeks) is specified in
the declaration — until the end of that period unless it is sooner
revoked.
(5) A declaration under subregulation (1) is not in force while it is
suspended.
(6) In this regulation:
qualified person means a person who is a medical practitioner having
the qualifications referred to in paragraph 67.065 (4) (a) or (b).
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
New Page – Amdt No. 3 – 3 September 2003 Civil Aviation Safety Authority
Part 67 — 13
67.080 DAOs — conditions
(1) The appointment of a DAO is subject to the following conditions:
(a) that he or she observes the Code of Ethics of the Australian
Medical Association, as that Code is in effect from time to time;
(b) that he or she undertakes continuing training in ophthalmology
according to courses or systems acceptable to CASA;
(c) that, if he or she is convicted of an offence punishable by
imprisonment for 12 months or longer (whether or not such a
sentence is actually imposed), he or she tells CASA of the
conviction in writing as soon as practicable.
　
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