CASA Investigations and Aviation Offences
Australia’s aviation industry is heavily regulated by the Civil Aviation Safety Authority (“CASA”). CASA is responsible for aviation safety compliance, enforcement, and the investigation of alleged breaches of Commonwealth aviation laws.
CASA exercises extensive investigative and enforcement powers under the Civil Aviation Act 1988 (Cth) and the Civil Aviation Safety Regulations 1998 (Cth). Investigations may involve pilots, aircraft owners, operators, engineers, maintenance organisations, aviation businesses, and aircrew.
Common CASA Investigations
CASA investigations commonly relate to
Unsafe flying practices – alleged breaches of operational rules or conduct said to endanger aircraft, passengers, or people on the ground.
Licensing and certification issues – including flying without the required licence or medical certification.
Maintenance and engineering compliance – alleged failures to maintain aircraft in accordance with regulatory standards or issues involving maintenance records.
Operational and airspace breaches – including non-compliance with flight rules, restricted airspace requirements, or operator obligations.
Drug and alcohol offences – strict zero-tolerance requirements apply to aviation activities.
CASA Enforcement Powers
CASA has significant regulatory and enforcement powers. Depending on the circumstances, CASA may:
suspend or cancel aviation licences, authorities, ratings, or medical certificates;
issue infringement notices or formal warnings;
impose licence conditions or operational restrictions;
issue counselling notices;
accept enforceable undertakings;
commence administrative enforcement action; or
refer allegations for criminal investigation and prosecution.
In more serious matters, alleged breaches of Commonwealth aviation legislation can result in criminal charges, substantial financial penalties, or disqualification from aviation activities.
Ashworth Lawyers – CASA Investigation Defence Experience
At Ashworth Lawyers, we have experience in the successful resolution of CASA investigations through written submissions resulting in no criminal charges.
We have successfully resolved allegations of manipulating flight controls and conducting an Australian air transport operation without a required AOC through the provision of a counselling notice and no criminal charges.
Most recently, our client was investigated for conducting an Australian air transport operation without a required AOC and a failure to endorse major damage/defect in the aircraft maintenance release. Following a written submission, the investigation concluded with no action taken.
If you are being investigated by CASA, have received a notice from CASA, or are facing potential aviation prosecution proceedings, obtaining early legal advice is important.
Ashworth Lawyers acts in serious and complex Commonwealth criminal and regulatory matters, including aviation investigations, aviation compliance issues, and CASA enforcement proceedings.
