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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;
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – Dsecember 2004 Civil Aviation Safety Authority
Part 67 — 37
(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 CASA refuses to issue a medical certificate to a person, it must tell
the person, in writing, of the refusal, and of:
(a) the reasons for not issuing the certificate; and
(b) if the reason was that the person failed to meet the relevant
medical standard, the respects in which he or she 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.
67.190 Reconsideration of decision to refuse medical certificate
(1) A person to whom CASA has refused to issue a medical certificate, or
to whom CASA has issued a medical certificate subject to a condition
not sought by the person, may apply to CASA in writing for
reconsideration of the decision.
(2) The application must be made within 21 days after the day when the
person is told by CASA, in writing, that it:
(a) has refused to issue a medical certificate to the person; or
(b) has issued a medical certificate subject to a condition not sought
by the person.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 – Dsecember 2004 Civil Aviation Safety Authority
Part 67 — 38
(3) The reconsideration of an application submitted to CASA must not be
carried out solely by the CASA officer who made the decision being
reconsidered.
Note A refusal to issue a medical certificate is reviewable by the Administrative
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澳大利亚CASR Civil Aviation Safety Regulations中(35)
