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11.3.1 Health and Fitness

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67.175 Medical certificates-application

A person may apply to CASA for the issue of a medical certificate.

Note 1: An application must be in the approved form, include all the information required by these Regulations and be accompanied by every document required by these Regulations-see regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

67.180 Medical certificates-issue and refusal

(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 about the applicant that may help CASA to decide whether the applicant meets the relevant medical standard, being information that is held by a person, organisation, body or authority referred to in subregulation (6); 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 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 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 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), or a special medical certificate (within the meaning of Part 6 of CAR), does not automatically entitle him or her to the issue of a further such medical certificate.

67.185 Notice of decision to refuse medical certificate

(1) If:

(a) CASA refuses to issue a medical certificate to a person; and

(b) the reasons for the refusal included that the person failed to meet the relevant medical standard;

the notice given to the person under regulation 11.060 must state the respects in which the person did not meet the standard.

(2) Failure to comply with subregulation (1) in relation to a decision does not affect the validity of the decision.

67.205 Medical certificates-period in force

(1) In this regulation:

appropriate day means:

(a) for a medical certificate issued to a person who:

(i) has never held a medical certificate, or a person who has previously held a medical certificate that has expired; and

(ii) has undergone any relevant examinations required for the purpose of the issue of the certificate;

the day when the last relevant examination is completed; and

(b) for a new medical certificate issued to a person:

(i) who holds a medical certificate that is in force (the current certificate); and

(ii) who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and

(iii) whose last relevant examination is completed more than 28 days before his or her current certificate is due to expire;

the day when the examination is completed; and

(c) for a new medical certificate issued to a person:

(i) who holds a medical certificate that is in force (the current certificate); and

(ii) who has undergone any relevant examinations required for the purpose of the issue of the new certificate; and

(iii) whose last relevant examination is completed 28 or fewer days before his or her current certificate is due to expire;

the day when the current certificate is due to expire.

(2) A medical certificate comes into force:

(a) if the holder has undergone any relevant examinations required for the purpose of the issue of the certificate and complies with the relevant medical standard in all respects-on the certificate"s appropriate day; or

(b) in any other case-on the day when the certificate is issued.

(3) Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has undergone any relevant examinations required for the purpose of the issue of the certificate remains in force for the period set out in the certificate, being a period of not more than:

(a) in the case of a class 1 medical certificate-1 year after the day when the certificate comes into force; and

(b) in the case of a class 2 medical certificate:

(i) if the person is less than 40 years old when the certificate is issued to him or her-4 years after the day when the certificate comes into force; or

(ii) if the person is 40 years old or older when the certificate is issued to him or her-2 years after the day when the certificate comes into force; and

(c) in the case of a class 3 medical certificate-2 years after the day when the certificate comes into force.

(4) Subject to subregulation (6) and regulations 67.215 and 67.220, a medical certificate issued by CASA to a person who has not been required to undergo any relevant examinations for the purpose of the issue of the certificate remains in force for the period (which must not be longer than 2 months) set out in the certificate.

(5) Subject to subregulation (6), a medical certificate issued by a DAME remains in force for the period (which must not be longer than 2 months) set out in the certificate.

(6) If a new medical certificate is issued to a person who holds a current medical certificate, and the new certificate comes into force before the current certificate is due to expire, the current certificate ceases to be in force at the last moment of the day before the day when the new certificate comes into force.

67.210 Medical certificates-application for extension of period in force.

(1) The holder of a current medical certificate issued by CASA may apply for an extension of the period during which the medical certificate remains in force.

(2) The application may be made to:

(a) CASA; or

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

67.230 CASA may require medical examination of certificate holders

(1) If it is necessary, in the interests of the safety of air navigation, for the holder of a medical certificate to demonstrate:

(a) that he or she continues to meet the relevant medical standard; or

(b) that holding the certificate does not adversely affect the safety of air navigation;

CASA may direct the holder to do any 1 or more of the following:

(c) submit to an examination carried out by a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or a practitioner of another kind specified in the direction;

(d) submit to an examination or test by a person (not necessarily a medical practitioner) expert in the safe performance of the particular activity to which the medical certificate relates;

(e) authorise the disclosure to CASA of any information about the holder, held by a person, organisation, body or authority referred to in subregulation (4), that may help CASA to decide whether:

(i) the holder continues to meet that medical standard; or

(ii) the holder"s holding the certificate may adversely affect the safety of air navigation.

(2) For paragraph (1)(c), CASA may nominate a particular practitioner, of a kind mentioned or referred to in that paragraph, who is to carry out the examination.

(3) For paragraph (1)(d), CASA may nominate a particular person who is expert in the performance of the activity concerned to carry out the examination.

(4) For paragraph (1)(e), the persons, organisations, bodies and authorities are as follows:

(a) a medical practitioner, specialist psychiatrist, clinical psychologist, audiologist, optometrist, orthoptist, orthotist, occupational therapist, specialist prosthetist or similar practitioner who has examined or treated the holder;

(b) any other person or organisation (including a hospital) that has made a physical, psychological or psychiatric examination of the holder;

(c) any other person or organisation (including a hospital) that has treated the holder for a medically significant condition;

(d) an employer (including a former employer) of the holder;

(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 relevant to deciding whether the person"s holding the certificate may adversely affect the safety of air navigation.

67.240 Medical certificates-suspension pending examination.

(1) If CASA directs the holder of a medical certificate to submit to an examination under regulation 67.230, or to authorise the disclosure of information to CASA under that regulation, CASA may, in writing, suspend the medical certificate.

(2) If CASA suspends a medical certificate, CASA must give the holder of the certificate written notice of the suspension and of the reasons for the suspension.

(3) A suspension of a medical certificate takes effect when the holder of the certificate is told of the suspension, either orally or in writing.

(4) If:

(a) CASA suspends a medical certificate; and

(b) the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and

(c) the examination, test or information shows that:

(i) the holder meets the relevant medical standard; and

(ii) the continued holding of the certificate by the holder will not adversely affect the safety of air navigation;

CASA must:

(d) end the suspension; and

(e) tell the holder in writing that the suspension has ended.

(5) If:

(a) CASA suspends a medical certificate; and

(b) the holder of the certificate submits to an examination or test directed by CASA, or authorises the disclosure of information to CASA; and

(c) the examination, test or information shows either or both of the following:

(i) the holder fails to meet the relevant medical standard;

(ii) the continued holding of the certificate by the holder will adversely affect the safety of air navigation;

CASA must tell the holder in writing the respect in which the holder does not meet the medical standard.