Commonwealth Consolidated Regulations

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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 67.225

Medical certificates--new medical certificates issued by DAMEs

  (1)   A person whose medical certificate has expired may apply to a DAME for the issue of a medical certificate under this regulation if the medical certificate:

  (a)   was issued by CASA; and

  (b)   was not subject to a condition that the period during which the certificate remains in force may be extended only by CASA.

  (2)   An application must be made within 3 months after the medical certificate has expired.

  (3)   On receiving an application under subregulation   (1), a DAME must:

  (a)   deal with it in accordance with the Designated Aviation Medical Examiner's Handbook; and

  (b)   subject to this regulation, issue a new medical certificate to the applicant only if satisfied that:

  (i)   the applicant has, subject to subregulation   (5), authorised the disclosure of his or her medical information and documents to the DAME, being information and documents held by any of the persons, organisations, bodies or authorities mentioned in subregulation   (6); and

  (ii)   issuing the medical certificate to the applicant will not adversely affect the safety of air navigation.

Note:   If a medical certificate is issued to a person by a DAME, 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(5).

  (4)   The DAME must not issue a medical certificate to the applicant if the DAME 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).

  (5)   An authorisation under subparagraph   (3)(b)(i) 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 subparagraph   (3)(b)(i), 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 subparagraph   (3)(b)(i).


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