Remote Pilots
Advice for RePL holders and recreational pilots responding to enquiries, interviews, infringement notices, licence action or prosecution.
Framework
CASR Part 101
Regulator
CASA and police
Key risk
RePL and ReOC action
Legal support for remote pilots facing CASA or police action
Protect your position before the matter escalates
Operating a drone commercially or recreationally is heavily regulated. When CASA or police allege that a drone has been misused, the consequences can include prosecution, infringement notices, suspension of a remote pilot licence, or action against a Remote Operator's Certificate.
Brindabella Legal assists remote pilots, operators and businesses to understand the allegation, preserve important evidence and respond in a way that protects their operational privileges, business and reputation.
Who We Help
Focused legal support for people and organisations facing drone-related allegations
ReOC Holders and Operators
Support where CASA is examining an operator's certificate, manuals, records, approvals, supervision or operational procedures.
Businesses Using RPAS
Strategic advice where a drone incident or alleged breach creates regulatory, commercial and reputational risk for a business.
Common RPAS Offences and Allegations
Part 101 investigations can arise from complaints, incidents, social media footage or surveillance by CASA or police.
Airspace and Height
Flying within controlled airspace without authorisation, flying above 400 feet AGL, or operating outside applicable airspace approvals.
People, Vehicles and Structures
Flying over a populous area, flying too close to people, vehicles or structures, or operating within 30 metres of people without appropriate controls.
BVLOS and Automated Flight
Operating beyond visual line of sight without approval, or using automated flight modes where that operation is prohibited or not properly authorised.
Emergency Operations
Flying near fires, police, ambulance or other emergency operations where a drone may interfere with emergency response or safety.
RePL and ReOC Authority
Operating without a remote pilot licence, without a valid Remote Operator's Certificate, or outside the scope of a ReOC.
Records, Manuals and Risk Controls
Failing to maintain required flight records, manuals or procedures, conduct risk assessments or complete pre-flight checks.
Unsafe or Non-Compliant Drones
Operating a drone that CASA alleges was unsafe, unregistered, non-compliant or not fit for the flight being conducted.
What to Expect During an Investigation
Early decisions about records, interviews and written responses can shape the outcome.
Information or Records Request
CASA may request flight logs, manuals, operational records, telemetry, photographs, video footage or an explanation of the flight.
Interview or Show Cause
You may be asked to attend an interview, respond to alleged breaches of Part 101 of the CASR, or explain why action should not be taken.
Proposed Enforcement
Action may be proposed against your RePL or ReOC, or police may allege a criminal offence such as endangering safety.
Licence and certificate action
Your ability to operate may be at stake
CASA action can affect more than one flight. It may restrict a remote pilot's authority, change the scope of an operator's certificate, or disrupt an entire commercial operation.
- RePL suspension or cancellation
- ReOC suspension, cancellation or variation
- Operational conditions or limitations
- Mandatory training or surveillance
- Infringement notices or prosecution risk
How We Can Help
Practical support through investigation, enforcement and review
Review Allegations and Evidence
We assess whether the alleged offence is supported by evidence, whether regulator powers were exercised lawfully and whether the investigation complies with procedural fairness.
Assess Flight Evidence
We review flight logs, telemetry, photographs, video footage and operational records to identify material that supports or contradicts the allegation.
Manage CASA and Police Communications
We draft responses to information requests, advise on interviews, manage communications with investigators and protect your rights at each step.
Prepare Show Cause Submissions
We prepare targeted submissions addressing the regulatory framework, evidence, operational context and proportionality of proposed action.
Protect Your RePL or ReOC
We address proposed suspension, cancellation, variation, conditions, operational limits, training requirements or surveillance measures.
Tribunal and Court Representation
We prepare evidence and submissions and represent clients in Administrative Review Tribunal proceedings or related prosecutions.
Review Pathways
An adverse CASA decision may not be the end of the matter.
CASA Internal Review
Seek reconsideration, correct factual errors, provide additional evidence and challenge findings that are incorrect, unfair or disproportionate.
Administrative Review Tribunal
Prepare the application, evidence, submissions and expert operational or technical material for conferences and hearings.
When to Seek Advice
Early advice can prevent escalation and protect your operational privileges.
CASA or Police Contact You
You are contacted about a drone flight, incident, complaint or alleged safety issue.
Records Are Requested
You receive a request for information, logs, manuals, operational records or an interview.
A Show Cause Notice Arrives
CASA alleges breaches of Part 101 of the CASR or asks why action should not be taken.
Licence or Certificate Action Is Proposed
CASA proposes action against your RePL, your ReOC, operational approvals or operating conditions.
The Allegation Appears Wrong
The allegation seems incorrect, unfair, disproportionate or unsupported by the evidence.
Why Remote Pilots Choose Brindabella Legal
Aviation regulatory and prosecution experience applied to RPAS matters
Former Senior CASA Counsel
Greg Williams has direct experience of aviation regulation, CASA enforcement and regulatory decision-making.
Evidence-Based Advice
We assess the allegation against the flight evidence, regulator powers, operational context and review rights.
Protecting Operational Privileges
The response strategy focuses on reducing escalation and protecting your licence, business and reputation.
Calm, Structured Assistance
We provide clear practical guidance through a stressful process so each response is deliberate and defensible.