The Westpac rescue chopper just minutes away by air from the site of a South Coast drowning tragedy on Monday was back in action within 48 hours, with staff quietly seething over an administrative bungle which kept it on the ground when it was most needed.
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The rescue service operator, Helistar Aviation, was caught squarely in a blame-shifting row in which its fully equipped chopper was grounded over a clerical error as a man fought for his life at Surf Beach, a short flight from the rescue base at Moruya airport.
Canberra man Raj Kishore, 48, had been visiting Surf Beach on Monday with his wife and two young children. Mr Kishore, an IT consultant contracted with the Department of Immigration, knew the beach and was an experienced sea swimmer.
He therefore didn't hesitate to dash to the rescue of his nine-year-old daughter when she was caught in a rip and swept out to sea.
However, his brave attempt ended in tragedy with his body recovered by NSW Marine Rescue later that afternoon.
NSW Police say his daughter, Sreya, sustained no injuries and she was only taken to hospital as a precaution. She has now been released.
The mid-winter tragedy has sparked a row between the Civil Aviation Safety Authority (CASA) and Helistar, with the regulator attempting to shift the blame squarely onto the Westpac Rescue Service's South Coast operator.
A CASA spokesman said that although the helicopter was grounded because its maintenance records were not up to date, a provision does exist under aviation regulations to undertake a mercy flight.
Those with knowledge of the area say the rescue chopper could have rapidly deployed from its Moruya hangar and dropped a diver into the sea off Batemans Bay in less than 10 minutes.
Helistar's chief executive Barrie Hosking could not be contacted for comment but earlier this week claimed he had applied for a CASA exemption and offered to operate rescue missions "for free" while the aircraft was grounded.
He also claimed the local CASA office had refused the exemption.
However, a CASA spokesman said that mercy flights were only subject to a declaration by the pilot in command, and that an exemption was not necessary.
The 366-page Airservices Australia aeronautical information publication (AIP), which provides "operational information necessary for the safe and efficient conduct of national (civil) and international air navigation", contains provisions around mercy flights but these do not provide genuine clarity on the issue.
The guide states clearly that mercy flights can be declared in order "to relieve a person from grave or imminent danger, and failure to do so is to result in a loss of life or serious or permanent disability and the flight will involve irregular operation".
Mercy flights can be declared in order "to relieve a person from grave or imminent danger, and failure to do so is to result in a loss of life or serious or permanent disability"
- Airservices Australia
Most of the Westpac rescue helicopter flights could arguably be deemed "irregular operations".
However, another section of the guide dictates that "a flight must not be declared a mercy flight unless operational concessions to permit anticipated irregular operations can be obtained" which would, on the face of it, cover the circumstances of the exemption sought by Helistar.