REFORM OF The Aircraft Noise Ombudsman
The office of the Aircraft Noise Ombudsman (ANO) played a key role in pressuring Airservices to review the Hobart flight paths, and is the only body which provides direct scrutiny over Airservices decisions which affect communities.
Yet this important position has no formal powers to compel Airservices to make changes or comply with its recommendations, and is in fact part of Airservices itself, reporting to its Board. While there is no suggestion of undue influence or compromise, the fact is that the ANO’s powers are limited to monitoring and reporting.
For example, while the Airservices Board has asked the ANO to undertake a systemic review of its community consultation processes, there is no obligation for the Board to comply with the outcomes of this review.
In our experience, the ANO team is dedicated, diligent and courageous in its efforts to bring about change in a culture which is both hostile to outside scrutiny, and apparently indifferent to the requirements of fairness and transparency which characterise administrative best practice. However, without appropriate powers, parliamentary intervention, or significant changes in the leadership of Airservices, it appears that these efforts will continue to be frustrated. For example:
Airservices has effectively disregarded the recommendations made in the ANO’s report on the Hobart flight path review, with many still open after 18 months, e.g.
Airservices treats the ANO’s requests for information as a distraction, rather than as opportunities to improve
Complaints lodged with the ANO over 6 months ago remain unaddressed
The ANO office has only 3 part-time staff members
The current ANO is not renewing her contract, after only one term in office
Currently the only alternative mechanisms for redress of aircraft noise issues for residents are via a judicial review of Airservices’s decision in the Federal Court - a complicated and expensive process. Merits review processes, such as appeals to the Administrative Appeals Tribunal, are not available under the Airservices Act 1996. Various legal precedents also make pursuing compensation for the impact of aircraft noise unviable.
What is required
The ANO needs to be appointed by federal Parliament, for example as a function of the Commonwealth Ombudsman (e.g. similar to the Postal Industry Ombudsman)
The ANO should have oversight of other public and private entities which contribute to aircraft noise, such as CASA and airports
Given the degree of change in aviation infrastructure which is likely to impact on communities and the environment, the ANO requires additional resources commensurate with workload
Legislative reform is needed, such as making sections of the Airservices Act and other relevant legislation which contribute to aircraft noise subject to appeal for the purposes of merits review
A Senate Inquiry should be commissioned to review the current regulatory arrangements for aircraft noise to examine these options
References
ANO report to Airservices Australia Board meeting 1 July 2019 - “A flawed environmental assessment process will produce a flawed community engagement strategy”
ANO report to Airservices Australia Board meeting 18 April 2019 - “The Environmental Assessment conducted as part of the Hobart Airspace Design Review employs the same approach and criteria that were the subject of Board accepted ANO recommendations” and “A baseline premise of the current Environmental Assessment is flawed …. I have made multiple offers to meet with relevant staff to explore and address this vulnerability and all have been refused”
ANO letter to Airservices Australia Chair, John Weber, 6 December 2018 - “Recent inquiries I have made of Airservices’ progress with and work on some aspects of these recommendations have been met with concern that my questions distract Airservices’ personnel from the significant work at hand. I have little information on the progress made to date. I am advised that the organisation is busy with the work it needs to do. I note that the latest version of the Hobart Environment Assessment that I have been provided with … and which I understand has informed the current engagement activities in Hobart, does not, on its face, reflect the changes required by the outstanding recommendations”
Terms of Reference for the ANO’s systemic review of Airservices’ community engagement systems
Letter from Airservices Australia Chair John Weber to the ANO, 15 May 2018