Civil Aviation Order 40.0 Amendment Order (No. 1) 2009 (Cth)

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 5.11 and 303 of the Civil Aviation Regulations 1988.

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety and
   Chief Executive Officer

30 March 2009

Civil Aviation Order 40.0 Amendment Order (No. 1) 2009

1Name of instrument

This instrument is the Civil Aviation Order 40.0 Amendment Order (No. 1) 2009.

2          Commencement

     This instrument commences on the day after it is registered.

3          Amendment of Civil Aviation Order 40.0

     Schedule 1 amends Civil Aviation Order 40.0.

Schedule 1          Amendment

[1]       Subsection 6, definition of flight crew licence, subparagraph (e)

omit

licence.

insert

licence;

[2]       Subsection 6, definition of flight crew licence, after subparagraph (e)

insert

(f)    certificate of validation.

[3]       Subparagraph 8 (a)

substitute

(a)   he or she has English language proficiency at a level that will enable him or her to safely conduct flying operations; and

[4]       Sub-subparagraph 8 (b) (ii)

omit

is

insert

was

[5]       Sub-subparagraph 8 (b) (v), second occurring

Renumber as sub-subparagraph 8 (b) (vi)

[6]       After sub-subparagraph 8 (b) (vi)

insert

(vii)  he or she has successfully completed a CASA approved General English Language Course and has obtained a grade of at least 75% in the speaking and listening components of the General English Language Course;

(viii)  he or she has been assessed by a CASA approved general English language proficiency assessor as meeting the requirements mentioned in Appendix 5.

[7]       After subsection 9

insert

9A       Assessment of general English language proficiency

     CASA may by instrument in writing approve a person as a general English language proficiency assessor if he or she meets the requirements mentioned in Appendix 6.

[8]       After subsection 11

insert

12        CASA approved General English Language Course

12.1     CASA may approve an English language course as a General English Language Course if it meets the following requirements:

(a)   the course is taught by a person:

(i)  who has professional qualifications as a teacher; and

(ii)  whose area of expertise is English language teaching; and

(iii)  who has achieved a band score of at least 7 in the Academic Module of IELTS for all 4 components: speaking, reading, listening and writing;

(b)   English is both the subject of the course and the medium of instructions;

(c)   the course is taught using materials suitable for students to achieve a proficiency level of B1 on the Council of Europe’s Common European Framework of Reference for Languages: Learning, teaching, assessment (CEFR);

(d)   the course materials are of an appropriate level for the course and include authentic English listening materials, using a variety of accents;

(e)   the course is taught intensively.

12.2     Students who successfully complete the course meet the independent user classification of the CEFR.

12.3     For subparagraph 12 (1) (e), a course is taught intensively if it provides the students with a minimum of 25 hours of tuition and practice weekly over a period of approximately 12 weeks (minimum of 300 hours).

[9]       Heading to Appendix 3

substitute

General English language proficiency tests

[10]     Appendix 3

omit

General Training Module of the International English Language Testing System (IELTS) with an overall grade of 5.5 on condition that no single test area has a score of less than 5.0.

Test of English for International Communication-Secure Program (TOEIC‑SP) with minimum test score of 650.

insert

General or Academic Training Module of the International English Language Testing System (IELTS) with an overall grade of 5.5 on condition that no single test area has a score of less than 5.0.

Test of English for International Communication-Secure Program (TOEIC‑Secure Program/Public Testing Centre) with the following minimum test scores:

(a)     listening — 350;

(b)     reading — 300;

(c)     speaking — 160;

(d)     writing — 140.

[11]     After Appendix 4 

insert

Appendix 5         General English proficiency requirements

Pronunciation	Structure	Vocabulary	Fluency	Comprehension	Interactions
Assumes a dialect and/or accent intelligible to the Australian community. Pronunciation, stress, rhythm and intonation, though possibly influenced by the first language or regional variation, almost never interfere with ease of understanding.	Both basic and complex grammatical structures and sentence patterns are consistently well controlled.	Vocabulary range and accuracy are sufficient to communicate effectively on a wide variety of familiar and unfamiliar topics. Vocabulary is idiomatic, nuanced and sensitive to register.	Able to speak at length with a natural, effortless flow. Varies speech flow for stylistic effect, e.g. to emphasise a point. Uses appropriate discourse markers and connectors spontaneously.	Comprehension is consistently accurate in nearly all contexts and includes comprehension of linguistic and cultural subtleties.	Interacts with ease in nearly all situations. Is sensitive to verbal and non-verbal cues and responds to them appropriately.

Appendix 6         Requirements for approval as a general English language proficiency assessor

     To be an approved general English language proficiency assessor, a person must be a person to whom the Director of Aviation Safety has delegated CASA’s powers under regulation 5.41 of CAR 1988 to conduct flight tests and who has a current CASA approval as a Level 6 English language proficiency assessor.

Note   Under Regulation 2 of CAR 1988, a person to whom the Director of Aviation Safety has delegated CASA’s powers under regulation 5.41 of CAR 1988 is described as an Approved Testing Officer (ATO).