| Primary Legislation: | Civil Aviation Act 2023, Sch 2, cls 11-15 |
| Secondary Legislation: | Not applicable |
| Form: | Not applicable |
| Action by: | CAA Aviation Medicine Team |
The CAA Aviation Medicine Team performs a review of a selection of assessments. This review allows for the detection of errors and irregularities requiring further action by the CAA or the delegated ME.
In particular Schedule 2, clause 11 of the CA Act 2023 provides the CAA with a Medical Certificate 'claw back' option that can be exercised within 60 working days of certificate issue. Under this clause the Director may withdraw a medical certificate if requiring further information.
The Director does not need to have reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the certificate relates to exercise this option. It is a useful clause that enables the Director to obtain missing information.
The CA Act 2023 (Schedule 2, clauses 12-15) also provides the Director with a variety of powers for amendment, suspension, disqualification or even revocation of a Medical Certificate. These may have to be exercised when there are reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the certificate relates (refer to section 2.11) or if the Director has reasonable grounds to believe that a certificate has been issued other than in accordance with the legislation or the MEs delegated authority.
Care by Medical Examiners when assessing applicants should mostly prevent such action by the Director.
