GUIDE · DRONE GUIDES & RESOURCES
GUIDE · DRONE GUIDES & RESOURCES
Most clients assume that when they hire a drone operator, the operator bears all the legal and insurance risk. That assumption is wrong.
In Australia, under the Civil Aviation Safety Regulations (CASR) Part 101, the operator, the client, and anyone who facilitates commercial drone operations can all bear liability. If your operator isn't properly licensed, you may be liable for anything that goes wrong—property damage, personal injury, or CASA enforcement action.
This guide explains the liability landscape and how to protect yourself.
Under CASR Part 101, it's an offence to operate a drone for commercial purposes without a ReOC (Remote Operator's Certificate). But the liability extends beyond the pilot:
- Section 101.075 — operating a UAS for hire or reward without authorisation
- Hazard offences — a person must not operate a UAS in a way that creates a hazard to another aircraft, person, or property (CASR Part 101 and Civil Aviation Act 1988)
If you, as the client, knowingly hire an unlicensed operator, you could be considered aiding and abetting an unlawful operation. Under section 11.2 of the Criminal Code (Cth), a person who aids, abets, counsels or procures the commission of an offence is taken to have committed the offence. While CASA enforcement has historically focused on operators, this general criminal law principle puts clients who knowingly hire unlicensed operators in legal exposure too.
If an unlicensed operator crashes into your venue, damages the roof of your listing property, or injures a guest at your event:
Your insurance claim may be denied if the operator was operating unlawfully. Insurance policies routinely exclude claims arising from illegal acts.
The operator's insurance may be void if they misrepresented their licensing status. Unlicensed operators often lack valid insurance entirely.
You become the deep pocket — if the operator has no assets, the property owner or venue is the target of any claim.
If the operator is injured during the shoot—unlikely with a skilled pilot, but not impossible—your workers' compensation position depends on whether they're a contractor or employee. An unlicensed operator engaged directly without proper contracting documentation creates ambiguity that can expose you.
An agent hires a Facebook-recommended "FPV pilot" for a prestige acreage listing. During an outdoor FPV pass, the drone strikes a guest house chimney and falls through a glass conservatory. Damage: $28,000.
Aftermath: The pilot has no ReOC, no EVLOS approval, and no insurance. The vendor's insurer denies the claim (unlicensed contractor performing unauthorised flight). The agent's professional indemnity policy is put at risk. The vendor sues the agent.
Preventable by: Asking for ReOC number, EVLOS approval, and certificate of currency before booking.
A brewery hires a videographer who offers "FPV drone tours" for events. Without EVLOS approval, the pilot flies through the outdoor beer garden. A gust of wind pushes the drone into a patron. Minor injury, but significant distress.
Aftermath: The patron files a personal injury claim. The brewery's public liability insurer investigates. The brewery is found to have not verified the operator's credentials. Claim is partially denied — brewery held 30% contributorily negligent.
Preventable by: A simple two-question email before engagement.
Before booking any FPV or commercial drone operator, send these two questions in writing:
1. Can you provide your CASA ReOC number and confirm you hold EVLOS approval for outdoor commercial FPV operations?
2. Can you provide a certificate of currency for public liability insurance specifically covering drone operations?
If the answers are vague, delayed, or "no" — do not proceed.
- ✅ ReOC number format: CASA.ReOCA.XXXX — verify on CASA's register
- ✅ Business name consistency: ReOC must match the trading entity
- ✅ EVLOS approval specifics: Is the approval current and does it cover the planned operation?
- ✅ Insurance scope: Public liability minimum $10M — common for commercial drone operators
- ✅ Site-specific risk assessment: Does the operator provide a documented flight plan?
A properly licensed operator like Reignland Media provides:
- CASA ReOC — documented, current, verifiable
- EVLOS approval — specific to commercial FPV operations
- Public Liability Insurance — certificate of currency on request
- Risk assessments — documented and shared before every flight
- Flight plans — approved within the operator's CASA safety case
This paper trail means your project is demonstrably compliant—and if something goes wrong, the liability chain is clear and properly insured.
| Scenario | Cost Impact |
|---|---|
| Unlicensed operator damages property | $5,000–$50,000+ in repairs. Insurance may be denied |
| CASA enforcement action | Fines up to $18,200 for individuals (CASA's published court-imposed maximum), higher for corporations |
| Professional indemnity claim against agent | Legal costs, reputational damage |
| Venue liability from injury | Medical costs + legal liability |
The two-question email takes 30 seconds to write and could save you tens of thousands.
- [ ] Verify the operator's ReOC on CASA's register
- [ ] Get EVLOS approval confirmation in writing (for FPV work)
- [ ] Request insurance certificate of currency
- [ ] Ask for a site-specific risk assessment
- [ ] Confirm the equipment and pilot qualifications
This guide is for informational purposes and does not constitute legal advice. Always consult a qualified legal professional for specific advice about your liability exposure.
Reignland Media — CASA ReOC · EVLOS-approved · Fully insured · Serving Queensland since 2017
More guides: CASA Drone Regulations Guide · What Is EVLOS? · FPV vs Standard Drone · Choosing a Licensed FPV Operator · ReOC Explained
Serving: Sunshine Coast · Brisbane · Noosa · Gympie · Fraser Coast · Bundaberg