ADHD pilot Ollie Nam takes battle with CASA over use of Ritalin to the Federal Court
A Melbourne pilot has taken his fight to fly while using ADHD medication to the Federal Court after aviation regulators repeatedly denied his medical certificate.
A Melbourne pilot is taking his fight for a valid medical certificate to the Federal Court in an ongoing battle with the aviation safety regulator over his use of Ritalin to treat attention deficit disorder.
Ollie Nam, 37, was diagnosed with ADHD in 2020, and prescribed 40mg of Ritalin a day to treat the condition.
He holds private and commercial pilot licences, but after his diagnosis, the Civil Aviation Safety Authority refused to issue Mr Nam with either a class 1 or class 2 medical certificate required to operate aircraft in Australia.
CASA’s decision was based on the “potential side effects of amphetamine-based medications” including anxiety, irritability, insomnia, aggression, rapid heart beat, psychosis and fatigue masking.
In an effort to return to flying, Mr Nam took the matter to the Administrative Appeals Tribunal, which found CASA’s decision focused on the possibility of side effects rather than the reality.
It followed evidence from neuropsychologist David Tofler, who told the AAT, Mr Nam initially experienced some anxiety and headaches from taking Ritalin, but these ceased when the dosage was adjusted.
AAT members Chris Furnell and Stephen Lewinsky ordered CASA’s decision be set aside, and the regulator reconsider Mr Nam’s application.
In doing so, CASA again determined not to issue a class 1 and class 2 medical certificate to Mr Nam, prompting him to refer the decision to the Administrative Review Tribunal.
A ruling delivered in May found in favour of CASA despite evidence from several medical professionals that there was no reason for Mr Nam not to be able to fly.
“If anything, the Ritalin has enhanced his overall performance,” said Dr Tofler.
Neuropsychologist Robert Bourke added that while medicated on Ritalin, Mr Nam had “entirely normal and extremely high-level cognitive abilities”.
“There is no reason, from a cognitive perspective, to preclude Mr Nam from holding a medical certificate and piloting an aircraft,” said Dr Bourke.
However, aviation medicine specialist Anthony Hochberg told the Tribunal, ADHD remained a “problematic diagnosis in aeromedical certification”.
“The nature of the neuropsychological deficits of the disorder has significant potential ramifications for safe and efficient flying,” said Dr Hochberg, quoting from an article in the Aviation, Space and Environmental Medicine journal.
“The pharmaceutical agents used in the treatment of ADHD in themselves carry unwanted effects and are pharmacokinetically unsuitable for use in civilian aviation.”
In his ruling, tribunal deputy president Peter Britten-Jones said issuing a medical certificate to Mr Nam would be “contrary to the approach taken by respected flying authorities internationally”.
“The evidence as to high cognitive ability and good mental health whilst on Ritalin does not diminish the cogency of the evidence of risk expressed by Dr Hochberg,” said Mr Britten-Jones’ ruling.
“In conclusion, I consider that issuing a medical certificate to Mr Nam, would be likely to have an adverse effect on the safety of air navigation.”
Mr Nam has now filed an appeal against the decision in the Federal Court, but as yet no date has been set for a first hearing.
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