In this schedule, unless the context otherwise requires,—

accredited medical conclusion means the conclusion reached by 1 or more medical experts acceptable to the Director for the purposes of the case concerned, in consultation with flight operations or any other experts that may be necessary

applicant means a person who has applied for a medical certificate and includes a licence holder who has reapplied for a medical certificate

aviation examiner means a person designated under clause 29(2)

convener means the person appointed as convener under clause 30

deputy convener means the person appointed as deputy convener under clause 30

licence holder means a person who—

1. holds an aviation document or is permitted under the rules to operate an aircraft solo as a pilot; and
2. holds, or is required under the rules to hold, a medical certificate

specified examination means—

1. an examination of visual and colour perception; or
2. an examination of hearing; or
3. a psychological examination; or
4. any other class of examination prescribed in the rules.

A medical certificate is not an aviation document.

In this schedule, privileges to which a medical certificate relates, and its variations, means those privileges under this Act that may be exercised by a person who—

A person may apply to the Director for the issue of a medical certificate under this schedule.

The application must be in accordance with the requirements of the rules.

The applicant must have a medical examination by a medical examiner, who must forward the medical examiner’s report to the Director.

The Director may require the applicant, at the applicant’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the Director reasonably considers necessary to assess the applicant.

The Director may, by written notice, require any applicant to disclose, or authorise the disclosure of, any information relevant to the applicant’s medical condition or history for the purpose of determining whether the applicant is eligible for a medical certificate.

An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred by the Director to the convener for advice before the Director makes a decision on the application.

If an application is referred to the convener under subclause (1),—

The applicant or Director may, either directly or through the applicant’s or Director’s medical experts, participate in the convener’s assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application.

The convener must not assess the application if the convener—

The Director must, within 10 working days of receiving the convener’s report,—

Subject to subclauses (2) to (5), the convener may regulate the convener’s procedures as the convener thinks fit.

Before issuing a medical certificate, the Director must have regard to the report of the medical examiner and any other information that may be relevant.

If the Director is satisfied that the applicant meets the medical standards prescribed in the rules, the Director must issue a medical certificate unless the Director believes on reasonable grounds that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates.

Despite subclause (2), the Director may, relying on flexibility, issue a medical certificate to the applicant.

In subclause (3), flexibility means the use of judgment to issue a medical certificate if the following conditions are fulfilled:

The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this clause.

The Director must make a decision on an application for a medical certificate as soon as practicable, but no later than 30 working days after the date of receiving the report of the medical examiner.

If the Director under clause 3 requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director.

The medical certificate has an effective date and duration as provided under the rules.

The Director may, on receiving an application for a medical certificate from a licence holder before the expiry of the licence holder’s existing medical certificate, grant an extension of no more than 60 days from the expiry date of the licence holder’s existing medical certificate with any additional conditions, restrictions, or endorsements that the Director considers necessary.

If a licence holder is aware of, or has reasonable grounds to suspect, any change in the licence holder’s medical condition or the existence of any previously undetected medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the licence holder—

If an aviation examiner, a medical examiner, or an operator (including an air traffic service provider) is aware of, or has reasonable grounds to suspect, any change in the medical condition of a licence holder or the existence of any previously undetected medical condition in the licence holder that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the aviation examiner or medical examiner or operator must advise both the licence holder and the Director of the change as soon as practicable.

If a medical practitioner has reasonable grounds to believe that a person is a licence holder and is aware, or has reasonable grounds to suspect, that the licence holder has a medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the medical practitioner must, as soon as practicable,—

Subclauses (1) to (3) are subject to any directions that the Director may issue under clause 25(1)(b).

An aviation examiner, a medical examiner, or a medical practitioner is not subject to any civil or criminal liability for—

In this clause, indemnified act means any of the following acts:

The Director may, by written notice, require any licence holder, at the licence holder’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of the licence holder’s medical certificate, if the Director believes on reasonable grounds that the licence holder—

The Director may, by written notice, require any licence holder, at the CAA’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of the licence holder’s medical certificate if—

The Director may, by written notice, require any licence holder to disclose, or authorise the disclosure of, any relevant information for the purpose of determining whether or not the licence holder—

This clause applies if any medical certificate held by the licence holder was issued by a medical examiner to whom the authority to issue medical certificates was delegated by the Director under clause 27.

The Director—

If the Director believes on reasonable grounds that a licence holder may be unable to safely exercise the privileges to which the licence holder’s medical certificate relates, the Director may, by written notice to the licence holder,—

If the Director believes on reasonable grounds that a licence holder is unable to safely exercise the privileges to which the licence holder’s medical certificate relates, the Director must, by written notice to the licence holder,—

If the Director believes on reasonable grounds that a person who has been delegated authority under clause 27 to issue a medical certificate has issued a medical certificate other than in accordance with this schedule or the rules or the terms of the delegated authority, the Director—

Any notice issued under this clause must state the grounds for the Director’s decision.

A notice of suspension issued under clause 12(1)(a), (2)(a), or (3)(a)(i) remains in force until the Director determines what action, if any, referred to in clause 15 is to be taken.

Despite subclause (1), the suspension expires 10 working days after the date that it is imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension for a further specified period not exceeding 10 working days.

The aggregate suspension period must not exceed 20 working days after the date on which the suspension is imposed.

Any conditions, restrictions, or endorsements that are imposed or made under clause 12(1)(b), (2)(c), or (3)(a)(iii) remain in force until the Director determines what action, if any, referred to in clause 15 is to be taken.

Despite subclause (1), any condition, restriction, or endorsement expires 10 working days after the date that it is imposed unless, before the expiry of that 10-working-day period, the Director extends the condition, restriction, or endorsement for a further specified period not exceeding 10 working days.

The aggregate period must not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed.

If a notice is issued under clause 12(1), (2), or (3), the Director may, by written notice, take 1 or more of the following actions:

The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a requirement under clause 3 within a reasonable period of time.

If the Director issues a notice under clause 12, 15, or 16, the Director—

A person whose medical certificate is revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must, if the document is capable of being surrendered (for example, if the document is in paper form), surrender the medical certificate to the Director, a person authorised by the Director, or a constable.

An applicant for a medical certificate may apply to the convener for a review of—

A licence holder may apply to the convener for a review of any decision made under any of clauses 12 to 16, other than a decision made under—

An application for review under clause 19 or 20 must—

The convener must, as soon as practicable, review the decision.

The convener—

The licence holder, applicant, or Director may, either directly or through the person’s medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review.

The convener must, as soon as practicable, report the results of the convener’s review to the Director in writing.

The Director must, within 10 working days of receiving the convener’s report,—

The convener must not review a decision made by the Director if the convener—

Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subclause (6).

A person affected by a decision of the Director under any of the following provisions has a right of appeal to the District Court under section 453:

The Director must maintain a register of current medical certificates issued under this schedule.

Any licence holder may return the licence holder’s medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate.

If a licence holder asks the Director to cancel the licence holder’s medical certificate, the Director must—

The Director may issue general directions in relation to—

Before issuing general directions under subclause (1), the Director must consult with those persons, health professionals with aviation medical experience, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that the Director considers appropriate.

General directions issued in relation to the matters specified in subclause (1)(a) or (c) must be—

The Director may issue directives in emergency situations without prior consultation.

An emergency directive under subclause (4)—

The Director may reissue as a general direction, under subclause (1), directives issued under subclause (4) before or after they expire.

The Director may, either generally or particularly, delegate to any suitably qualified medical practitioner who is an employee of the CAA any of the Director’s functions and powers under this schedule or under the rules relating to medical certification.

Every delegation under this clause must be in writing.

Sections 460 and 461 apply with any necessary modifications to a delegation under this clause.

Any delegation under this clause may be made to a suitably qualified medical practitioner who is the holder of a specified office of the CAA.

The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the CAA any of the Director’s functions and powers under this schedule or under the rules relating to medical certification other than the power under this schedule to revoke medical certificates.

Despite subclause (1), the Director must delegate to suitably qualified medical examiners who are not employees of the CAA the power to issue medical certificates to any person who qualifies for a medical certificate under clause 5(2) or who otherwise meets the criteria for a standard medical assessment as prescribed in the rules.

Every delegation under this clause must be in writing.

Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this clause may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on the person directly by this Act and not by delegation.

Any delegation under this clause may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office.

Every delegation under this clause must be given for a specified period but in any event must be revocable at will.

Every delegation under this clause continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office.

No delegation under clause 27 may—

A person purporting to act under any delegation under clause 27 may, when reasonably requested to do so, produce evidence of the person’s authority to so act.

The Director must not delegate under clause 27 any of the Director’s functions or powers under clause 4 or 21.

The Director must designate, by issuing an aviation document under section 75, 1 or more medical examiners to conduct examinations under clause 2.

The Director may designate, by issuing an aviation document under section 75, 1 or more aviation examiners to conduct specified examinations that the Director may require under this schedule.

The Minister must—

The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which must not exceed 3 years.

If the Minister renews an appointment, the Minister must—

The convener and the deputy convener must—

If the convener is unavailable for any reason, the deputy convener must perform the duties of the convener under this clause until—

The convener or deputy convener continues in office despite the expiry of the person’s term until a successor is appointed or the person’s appointment is renewed.

The Minister may cancel a person’s appointment under clause 30 if the person fails to perform satisfactorily the person’s duties as convener or deputy convener, as the case may be.

Before cancelling an appointment, the Minister must—

If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation.