Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Alliance Airlines)
Purpose
The direction enables Alliance Airlines Pty Ltd to continue operating designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, subject to required risk mitigations.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR).
Under regulation 208 of CAR, CASA may give directions as to the operating crew required to be carried on an aircraft having regard to the safety of air navigation.
Subparagraph 6.1 (b) of Civil Aviation Order (CAO) 20.16.3 was made under regulation 208 of CAR and provides that aircraft carrying more than 36 but not more than 216 passengers shall carry a cabin attendant for each unit of 36 passengers or part of that number.
Background
The standard in subparagraph 6.1 (b) of CAO 20.16.3 is a unique Australian requirement that is more onerous than the cabin attendant ratio required elsewhere in the world. The ratio permitted in Europe, the USA and most other countries is for an airline to provide 1 cabin attendant for every 50 seats on the aircraft or part of that number. CASA permits operators to use the internationally accepted ratio in certain circumstances, assessed on a case-by-case basis.
Instrument
Instrument CASA 100/17 allows Alliance Airlines Pty Ltd to continue operating Fokker F28 0100 and F28 0070 type aircraft with a minimum of 2 cabin attendants by directing that the aircraft may be operated with a cabin attendant to passenger seat ratio of 1:50.
The instrument also directs the operator not to revise any part of its operations manual relating to emergency procedures on the Fokker aircraft without CASA’s prior written approval. This ensures that appropriate risk mitigations enforceable by CASA continue to be applied by the operator.
Legislation Act 2003 (the LA)
The instrument is being registered as a legislative instrument and is, therefore, a legislative instrument in accordance with subsection 8 (3) of the LA, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Initial consultation under section 17 of the LA was undertaken following the issue of the CASA report that recommended the recognition of the US Federal Aviation Administration and EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.
The instrument has been issued at the request of the operator to continue existing arrangements. CASA consulted with the operator before issuing previous instruments on this subject. The policy behind the previous instruments has not changed since they were made. The operation of the previous instruments has been satisfactory.
Therefore, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.
Office of Best Practice Regulation (OBPR)
A Regulatory Impact Statement (RIS) is not required in this case as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).
Senate Committee concerns
The direction provides for the operator to meet a standard for cabin attendant numbers that differs from that currently promulgated in CAO 20.16.3, but is considered to be a standard consistent with international safety standards and practice.
The development and preparation of suitable standards with appropriate conditions is continuing in conjunction with the preparation of new regulations applicable to all air transport operators.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 November 2017 and is repealed at the end of 31 October 2019.
[Instrument number CASA 100/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — number of cabin attendants (Alliance Airlines)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument allows Alliance Airlines Pty Ltd to operate designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number.
Human rights implications
The legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority