Civil Aviation Order 82.3 Amendment Order (No. 1) 2009 (Cth)
I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
[Signed Bruce Byron]
Bruce Byron
Director of Aviation Safety and
Chief Executive Officer
22 January 2009
Civil Aviation Order 82.3 Amendment Order (No. 1) 2009
1 Name of instrument
This instrument is the Civil Aviation Order 82.3 Amendment Order (No. 1) 2009.
2 Commencement
This instrument commences on the day after it is registered.
3 Application
(1) Unless CASA approves otherwise in writing for an operator, amendment 1 in Schedule 1 applies to each operator on 1 July 2009.
(2) Unless CASA approves otherwise in writing for an operator, amendment 2 in Schedule 1 applies to each operator on and from:
(a) 1 February 2010; or
(b) if the operator notifies an earlier date in writing to CASA — that date.
(3) Unless CASA approves otherwise in writing for an operator, amendment 3 in Schedule 1 applies to each operator on and from:
(a) 1 February 2010; or
(b) if the operator notifies an earlier date in writing to CASA — that date.
Note AOC holders may chose to have their operations governed by the new arrangements from a date before 1 February 2010.
(4) Amendment 6 in Schedule 1 applies to each operator on and from 1 December 2009.
4 Amendment of Civil Aviation Order 82.3
Schedule 1amends Civil Aviation Order 82.3.
Schedule 1 Amendment
[1] After subsection 1A
insert
1AA Implementation plan for SMS
Each operator who holds an AOC on 1 April 2009 must give CASA for approval the operator’s plan for implementation of a safety management system.
[2] Subparagraph 2.1 (a)
substitute
(a) establish and maintain an appropriate organisation, with a sound and effective management structure that uses a safety management system approved by CASA; and
Note Guidance on what CASA will consider in deciding whether to approve an SMS is contained in the following (the CAAP SMS package):
(a) CAAP SMS-1(0) — Safety Management Systems for Regular Public Transport Operations;
(b) CAAP SMS-2(0) — Integration of Human Factors (HF) into Safety Management Systems (SMS);
(c) CAAP SMS-3(0) — Human Factors and Non-Technical Skills Training for Regular Public Transport Operations.
[3] After subparagraph 2.1 (b)
insert
; and (c) have a program, approved by CASA, to train and assess personnel in human factors and non-technical skills with the aim of minimising human error.
Note The CAAP SMS package contains guidance on what CASA will consider in deciding whether to approve a program for human factors and non-technical skill.
[4] After paragraph 2.6
insert
2.7 In this paragraph:
human factors or HF means the minimisation of human error and its consequences by optimising the relationships within systems between people, activities and equipment.
non-technical skills means specific human competencies, including critical decision making, team communication, situational awareness and workload management, which may minimise human error in aviation.
safety management system or SMS has the meaning given in subsection 2A.
[5] After subsection 2
insert
2A Safety management system
2A.1 For this Order, a safety management system or SMS is a systematic approach to managing safety that must:
(a) include the organisational structures, accountabilities, policies and procedures necessary to manage safety in a systematic way; and
(b) comply with paragraph 2A.2.
2A.2 An SMS must, as a minimum, include the following:
(a)a statement of the operator’s safety policy and objectives, including documented details of the following:
(i) the management commitment to, and responsibility for, safety risk management;
(ii) the safety accountabilities of managers;
(iii)the appointment of key safety personnel;
(iv) the SMS implementation plan;
(v) the relevant third party relationships and interactions;
(vi) the coordination of the emergency response plan;
(b)a safety risk management plan, including documented details of the following:
(i) hazard identification processes;
(ii) risk assessment and mitigation processes;
(c)a safety assurance system, including documented details of the following:
(i) safety performance monitoring and measurement;
(ii) management of change;
(iii) continuous improvement of the SMS;
(d)a safety promotion system, including documented details of the following:
(i) training and education;
(ii) safety communication;
(e)for an operator who operates an aircraft with a maximum take-off weight exceeding 27 000 kg — a flight data analysis program (FDAP) in accordance with paragraph 2A.3.
2A.3 For subparagraph 2A.2 (e), a FDAP must:
(a) regularly record and analyse the operational flight data of individual and aggregated operations to improve the safety of flight operations; and
(b) be integrated into the safety assurance system mentioned in subparagraph 2A.2 (c); and
(c) be supplied by:
(i) the operator; or
(ii) without in any way compromising the operator’s responsibility for the existence and effectiveness of the FDAP — another appropriate person; and
(d) ensure that:
(i) except with the person’s written consent or by a court order — the identity of a person who reports data to the program is protected from disclosure to anyone other than a person whose duty requires him or her to analyse operational flight data and who, therefore, has access to identity information solely for that purpose; and
(ii) no punitive action may be taken by the operator against a person who reports data.
[6] After subsection 9
insert
9A Obligations in relation to international carriage of a copy of the AOC
Each operator of an aircraft engaged in an international flight must ensure that the pilot in command can present a true and complete hard copy of the following documents to any person who has a lawful right to inspect them before, during or at the end of the flight:
(a) the operator’s current AOC; and
(b) each operational specification (if any) issued in conjunction with the AOC that is relevant to the aircraft.
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