Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulation (7) and regulation 11.055, on receiving an application under regulation 67.175, CASA must issue a medical certificate to the applicant if the applicant meets the requirements of subregulation (2).
(2) For subregulation (1), the requirements are:
(a) the applicant has undergone any relevant examinations that, in the opinion of CASA, are necessary in the particular case; and
(b) each relevant examination has been carried out by an examiner to whom subregulation (4) applies; and
(c) for each relevant examination, the applicant answers every question asked by the examiner that the examiner considers necessary to help CASA to decide whether the applicant meets the relevant medical standard; and
(d) subject to subregulation (5), the applicant authorises the disclosure to CASA and the examiner of any information or documents about the applicant:
(i) that are held by a person, organisation, body or authority mentioned in subregulation (6); and
(ii) that may help CASA to decide whether the applicant meets the relevant medical standard; and
(e) either:
(i) the applicant meets the relevant medical standard; or
(ii) if the applicant does not meet that medical standard--the extent to which he or she does not meet the standard is not likely to endanger the safety of air navigation; and
(f) if, in addition to any relevant examinations that the applicant has undergone under paragraph (a), CASA has directed the applicant to undergo an examination under subregulation 67.165(1):
(i) the applicant has undergone that examination; and
(ii) having taken into account the result of the examination, CASA is satisfied that issuing a medical certificate to the applicant would not endanger the safety of air navigation.
Note 1: The routine examinations that an applicant for the issue of a medical certificate must undergo to establish whether he or she meets the relevant medical standard for the certificate are those set out in the Designated Aviation Medical Examiner's Handbook.
Note 2: Part VIIC of the Crimes Act 1914 operates to prevent any requirement to disclose a spent conviction. For details, see that Part.
Note 3: A false statement in relation to the issue of a certificate is an offence punishable by imprisonment for 12 months--see the Criminal Code , section 137.1.
Note 4: A person may not meet any of the medical standards if the person has a history of 'problematic use of substances'--see items 1.5 and 1.6 of table 67.150, items 2.5 and 2.6 of table 67.155 and items 3.5 and 3.6 of table 67.160.
Note 5: For the period for which a medical certificate remains in force, see regulation 67.205.
(3) This subregulation applies to an applicant:
(a) whose medical certificate (the old certificate ) has expired; and
(b) who:
(i) applies to CASA for the issue of a new medical certificate within 3 months after the old certificate expired; and
(ii) in the opinion of CASA, is not required to undergo any relevant examinations for the issue of the new certificate.
Note: If a medical certificate is issued to an applicant referred to in subregulation (3), the medical certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate--see subregulation 67.205(4).
(4) This subregulation applies to the following persons:
(a) a DAME;
(b) a DAO;
(c) a specialist medical practitioner, or any other medical practitioner, who CASA has directed may carry out medical examinations for the purposes of subregulation (2);
(d) if CASA has directed that the applicant be assessed by a specialist psychiatrist or clinical psychologist--the psychiatrist or psychologist who carried out the assessment;
(e) if CASA has directed that the applicant be assessed by an audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist, or similar practitioner--the practitioner who carried out the assessment;
(f) if CASA has directed that the applicant be assessed by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity in respect of which the medical certificate is sought--the person who carried out the assessment.
(5) An authorisation under paragraph (2)(d) does not require a person, organisation, body or authority to disclose:
(a) information or a document that was collected for use as evidence in a legal proceeding, and has not been tendered or admitted as evidence in a court; or
(b) information or a document that could not, because of Part 3.10 of the Evidence Act 1995 , be given in evidence in a proceeding to which that Part applies.
Note: Part 3.10 of the Evidence Act 1995 is about: client legal privilege; religious confessions; self - incrimination in other proceedings; and evidence excluded in the public interest. For details, see that Act.
(6) For paragraph (2)(d), the persons, organisations, bodies or authorities are as follows:
(a) a medical practitioner;
(b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the applicant;
(c) any other person or organisation (including a hospital) that has treated the applicant for a medically significant condition;
(d) an employer (including a former employer) of the applicant;
(e) any other person, organisation, body or authority (including a police force or police service and, subject to Part VIIC of the Crimes Act 1914 , a court) that holds information or a document of the kind referred to in paragraph (2)(d).
(7) CASA must not issue a medical certificate to an applicant if it is satisfied that the applicant:
(a) has knowingly or recklessly made a false or misleading statement in relation to the application for the medical certificate; or
(b) does not satisfy the requirements of this regulation; or
(c) has not, in the course of undergoing a relevant examination for the medical certificate, complied with a request made under subregulation 67.170(1).
(8) A medical certificate issued to an applicant who does not meet the relevant medical standard for the issue of the certificate, or to whom subparagraph (2)(f)(ii) applies, must bear a note of that fact.
(9) The fact that an applicant who does not meet the relevant medical standard in all respects has previously been issued with a medical certificate under subparagraph (2)(e)(ii) or (f)(ii) does not automatically entitle him or her to the issue of a further such medical certificate.