Mike,
It would seem that you have very adroitly moved the subject off CASA, and
onto the legal profession.
When it comes to lawyers, perhaps we can say they have the HYPOCRITES OATH
to stand them in good stead??? Or maybe "make money? - MY BLOODY OATH"
Oh my God is no profession sacred? Which one will be next?
Just joking, of course!
Gary
----- Original Message -----
From: "Mike Cleaver" <[EMAIL PROTECTED]>
To: "Discussion of issues relating to Soaring in Australia."
<[email protected]>
Sent: Wednesday, May 21, 2008 12:24 AM
Subject: Re: [Aus-soaring] Ease off on the CASA bashing, does anyone else
have any better ideas?
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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