Q2a

An avenue open to Taluluans for Air Safety (TAS) is internal review. This involves a more senior officer looking at the decision. TAS can apply for internal review by writing to the minister.

TAS is also able to seek review of the situation to the ombudsman . S(6)(b)(ii) will pose a problem for TAS in obtaining a reciew. The section specifies that ombudsman can refuse to investigate if the complainant does not have a sufficient interest in the subject matter of the complaint. Tas’s interest is to improve public interest, they have no other interest that will be beneficial to themself. The ombudsman is unlikely to view this interest as sufficient enough to investigate.

TAS may also apply to the AAT, however before they can do so they must have standing.

The mere fact that TAS consists of injured members is not enough to give it standing , the organisation must have an interest that is greater the ordinary members of the public. TAS’s main object is to promote air safety, it will give it a right to encourage air lines and ASA in improving their airline safety, but it will not entitle them to questioning the actions of ASA. This means that its interest will not be greater than the ordinary person and will not have standing in regards to challenging the decision of ASA to the AAT.

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TAS may seek rely on the broader terms of S(27)(2) to have standing in the AAT. The section specifies that an organisation shall be taken to have interests, if the decision relates to a matter included in the objects of the organization. The object of TAS is to merely promote air safety. By challenging the decision it is taking on a more prohibitive role that goes beyond the description of promoting. From this, it can be concluded that TAS would need have standing under S(27)(2)

Alternatively, TAS can appeal to the Federal Court or a Human Rights Commission in ...

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