Hi Michael
I'd vote for you for WA State coroner any day! There have been some
bizarre recommendations come out of that office of recent times, and
some of them do not seem averse to picking on some other Government
agency and misreading their rules! Other States are sometimes not far behind!
Trouble is some people think they can reinterpret the rules to say
something patently obviously different from what was intended when
they were written. The legal profession are significantly afflicted
by this when they think there is money to be made from it - pity the
Hippocratic Oath does not extend to them.
In my role as a write of instructions to lawyers on what the rules
are intended to mean, I constantly have to put up with the problems
of trying to proof the rules against such practices. Mind you, I have
probably seen more real doozies come out of supposedly legally
qualified pens and keyboards than others - and it usually falls to
the technical specialists to identify the shortcomings of the early drafts!
Surprisingly enough (to some of you) there are a significant number
of people close to the writing of these rules that are sympathetic to
the objectives and needs of people who want to fly for the pure
enjoyment of it. Some of the people in CASA actually do enjoy flying
and are motivated by a desire to avoid some others of you from
killing yourselves so you can enjoy it more, and longer.
Mid you, there are also the others - and we do our best to cut them
off at the source...
Wombat
At 12:30 20/05/2008, you wrote:
OK everyone wants to bash CASA and the regs.
But does anyone else have a better idea?
I am no lawyer (I welcome input from anyone who is), but the regs
are written in a language to be as unambiguous as possible (I guess
this is required for any legal proceedings). When you read the regs,
they are really quite detailed and cover most (if not all
possibilities). At least they are consistent across all the regulations.
I you read any acts or legislation the language and layout is quite
similar to the Civil Aviation Regulations.
(As part of my work as a Pathologist, I am familiar with sections of
"The WA Human Tissue And Transplantation Act 1982", especially Part
IV, "WA Coroners Act 1996", especially the part on "Reportable
Deaths" in section 3 and "Post Mortem Examinations" in Part 34).
See: http://www.austlii.edu.au/au/legis/wa/consol_act/htata1982301/
See: http://www.austlii.edu.au/au/legis/wa/consol_act/ca1996120/
I don't think the CARs are alone in being wordy!
Humans are complex creatures. Writing regulations that are fair,
common sense and equitable is not as easy as it looks!
My 2.2c
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