In 2010 the GFA issued an Operations Advice Notice which included the following:
Each pilot must accept it is their responsibility to operate a sailplane within 
its certified limitations and the operation of a sailplane with a cockpit load 
in excess of the certified limit is not sanctioned by GFA. It is entirely the 
responsibility of the person acting as the pilot in command of a flight to 
ensure compliance with the certified maximum cockpit load requirement. 
GFA understands that an increasing number of pilots are experiencing difficulty 
meeting the maximum cockpit load requirement of sailplanes. Pilots in this 
situation are encouraged to seek gliders which accommodate their needs within 
their placard limits or to seek advice from the manufacturers or suitably 
qualified engineers about possible engineering solutions. 
The contest rules provide for penalties for operation of a glider outside of 
its certified limits:
Dangerous or hazardous flying including flying outside the glider’s Certificate 
of Airworthiness or Permit to Fly – minimum penalty 100 points – maximum 
penalty loss of all points for the day
So not only is it not lawful to fly with an overweight cockpit load it is 
against the GFA rules and the contest rules. This is a GFA issue primarily and 
it is not a CASA issue except if CASA decides that the GFA is knowing allowing 
aircraft to be flown outside its certified limitations and decides to act in 
some manner perhaps to jeopardise all GFA operations such as the did some time 
ago with RAAus.
Sent from Mail for Windows 10

From: Matthew Scutter
Sent: Thursday, 6 December 2018 9:04 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Who is ultimately responsible...

So make a complaint to the GFA then about whoever it is you're concerned about. 
Don't conflate sports with airworthiness. Scales are for checking weight 
relative to handicap, not some mobile enforcement arm of CASA. Competition 
directors have enough to worry about already.
On Thu, 6 Dec 2018, 10:17 am James McDowall <[email protected] wrote:
The Self Administering Organisation model seeks to make the SAO responsible for 
ensuring that the laws are obeyed. Under the Part 149 arrangements CASA will 
only act at the request or report of the SAO. CASA relies on this concept so 
leaves these sort of issues to the relevant body so in this case if there is 
doubt that the law (or rules) are not complied with the GFA is obliged to act – 
at least to investigate. It is as easy as a set of scales at the launch pad.
 
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From: Robert Izatt
Sent: Thursday, 6 December 2018 5:41 PM
To: Discussion of issues relating to Soaring in Australia.
Subject: Re: [Aus-soaring] Who is ultimately responsible...
 
That said if CASA was aware or believed or was provided information that an 
aircraft was being operated outside its limits or the pilot was unfit to 
operate said aircraft they would be proactive. The bigger the aircraft the more 
so but the principle still applies. 
If even just a rumour exists in V8 Supercars or F1 that the rules are being 
broken.......
Rob

Sent from my iPad

On 6 Dec 2018, at 1:28 PM, Texler, Michael <[email protected]> 
wrote:
Season’s Greetings to all,
 
Who is ultimately responsible?
 
The answer is in your mirror
 
>From GFA Operational Regulations Issue 7, October 2014
Page 13
4. CONDUCT OF OPERATIONS
4.1. General
4.1.3. A pilot shall at all times operate a sailplane within the limits of its 
cockpit placards and shall not exceed the privileges of their authorisation(s).
4.1.4. Before each flight the pilot in command shall ensure that:
(a) The sailplane is loaded within permitted limits and that any ballast 
required is adequately secured;
 
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