Tag Archives: Civil Aviation Regulations

Pilot With Diabetes Type One Denied Procedural Fairness – Owens v Civil Aviation Industry [2010] FCA 1354

The Plaintiff Mr. Ovens, 62 years old holder of a private pilot’s licence since 1981 held a Class 2 medical certificate enabling him to fly accompanied by a safety pilot. Mr Ovens suffers from insulin dependent Type 1 diabetes mellitus, diagnosed in 1960 at the age of 12 years, successfully managed by him through the use of an insulin pump to monitor his blood sugar levels. The Plaintiff argued that he was denied procedural fairness by the Tribunal by the manner in which the Tribunal considered and applied CASA’s “Protocol for Type 1 Diabetic Pilot Applicants”, which he was given insufficient opportunity to address within the proceedings for his application for a particular category of pilot’s licence. Continue reading

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