CASA 110/14 – Direction - number of cabin attendants (Sunstate Airlines)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00611 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants (Sunstate Airlines)

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), 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 1988 and provides that aircraft carrying more than 36 and not more than 216 passengers shall carry a cabin attendant for each unit of 36 passengers or part of that number.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The requirements in subparagraph 6.1 (b) of CAO 20.16.3 have remained in the same form since 1960 and as such represent a 54 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report, Review of policies and practices for first-of-type certification of imported aircraft, recommended the recognition of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency certification standards. The recommendation was adopted.

 

The direction replaces a former direction, CASA 254/13. The direction will allow Sunstate Airlines (Qld) Pty Limited (the operator) to operate the Dash 8-400 type aircraft with 2 cabin attendants. The operator has addressed the risks associated with the proposed change to procedures. The operator has also increased passenger awareness and capability for passengers seated at self-help exit rows in a manner equivalent to, or better than, that achieved when the Dash 8-400 type satisfied the requirements of Transport Canada. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the Transport Canada guidelines for certification demonstrations. The instrument will apply only if there are not less than 73 passengers on board the aircraft. Subparagraph 6.1 (b) of CAO 20.16.3 will apply if there are less.

 

The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing discussion and the current instrument will only be in force up to the end of May 2015. Instruments of this type are being issued for limited periods only. It is hoped that there will be a resolution of the issues involved, making the issue of individual directions to operators unnecessary.

 

Legislative Instruments Act

Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (b) of CAO 20.16.3. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

Consultation under section 17 of the LIA was undertaken following the issue of the CASA report that recommended the recognition of the FAA certification standards in relation to setting the ratio of cabin attendants to passenger seats.

 

The operator has requested this instrument. This instrument replaces instrument CASA 254/13 which is substantively the same and would otherwise expire at the end of May 2014. CASA consulted with the operator before issuing earlier instruments to the operator that had the same effect.

 

The instrument is similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies. Consequently, CASA considers that no further consultation is necessary or appropriate.

 

Senate Committee concerns

This direction provides for the operator to meet a new standard for cabin crew numbers. The new standard differs from that currently promulgated in CAO 20.16.3, but it is considered to be a standard consistent with international safety standards and practice.

 

The development and preparation of suitable standards with appropriate conditions is also continuing in conjunction with the preparation of new regulations applicable to all air transport operators.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The direction has been issued 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 the day of registration and expires at the end of May 2015, as if it had been repealed by another instrument.

 

[Instrument number CASA 110/14]

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 (Sunstate 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 Sunstate Airlines (Qld) Pty Limited (the operator) to operate Australian registered Dash 8-400 aircraft if there is 1 cabin attendant for every 50 passenger seats or part of that number. In the absence of this instrument, aircraft carrying more than 36 and not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number.

 

The primary purpose of the legislative instrument is to allow the operator, in relevant circumstances, to operate those aircraft with fewer cabin attendants than would otherwise be required by Civil Aviation Order 20.16.3. The direction is subject to conditions, imposed in the interests of aviation safety, about seating and briefing of passengers, and the ability to quickly evacuate the aircraft.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988, as amended by the Direction on the number of cabin attendants for Sunstate Airlines issued in 2014, addresses the long-standing issue of cabin crew ratios on aircraft, which have remained unchanged since 1960. This direction was introduced to align with international safety standards and practices, specifically recognizing the certification standards of the Federal Aviation Administration of the United States and the European Aviation Safety Agency. The Civil Aviation Safety Authority (CASA) issued this direction to allow Sunstate Airlines to operate Dash 8-400 aircraft with two cabin attendants instead of the previously required number based on passenger count, provided the aircraft has at least 73 passengers on board. This change was based on a recommendation in CASA's report on the certification of imported aircraft and aims to ensure safety through adequate passenger briefing and evacuation capability. The policy objective is to maintain aviation safety standards while considering operational efficiencies and international best practices. The direction is subject to ongoing discussions and will only be in force until the end of May 2015, with CASA hoping to resolve the broader issue through future regulations.

Scope and Application

The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, provide the regulatory framework for civil aviation safety in Australia. This includes the authority for the Civil Aviation Safety Authority (CASA) to issue directions regarding the number of cabin attendants required for aircraft safety. The particular direction in question applies to Sunstate Airlines (Qld) Pty Limited, allowing the airline to operate Dash 8-400 type aircraft with 2 cabin attendants for flights carrying not less than 73 passengers. This direction is a deviation from the standard set out in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, which requires a cabin attendant for every 36 passengers or part of that number for aircraft carrying more than 36 but not more than 216 passengers. The direction was issued in response to a CASA report recommending the recognition of international certification standards, and it is set to expire at the end of May 2015, with the hope of a resolution to the broader cabin attendant ratio issue through new regulations. The instrument is subject to disallowance under the Legislative Instruments Act 2003 and is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The key provisions of this legislation allow Sunstate Airlines (Qld) Pty Limited to operate Dash 8-400 aircraft with one cabin attendant for every 50 passengers or part of that number, provided there are not less than 73 passengers on board (subparagraph 6.1(b) of CAO 20.16.3). This direction replaces the former requirement of one cabin attendant for every 36 passengers or part of that number, and applies only under the specified conditions (subsection 98(1) of the Civil Aviation Act 1988). The Civil Aviation Safety Authority (CASA) has determined that the operator has addressed the associated risks and that the evacuation of a full complement of passengers can be achieved within 90 seconds, in line with Transport Canada guidelines. The legislative instrument is designed to meet international safety standards and practices, and it is intended to be in force only until the end of May 2015, pending further resolution of cabin attendant ratio issues (subsection 33(3) of the Acts Interpretation Act 1901). The legislation imposes specific obligations on Sunstate Airlines to ensure compliance with safety requirements. These include ensuring that passengers seated in self-help exit rows are adequately briefed and capable of assisting in an emergency, and maintaining procedures that allow for the quick evacuation of all passengers within the prescribed time frame. CASA has also mandated that the operator must adhere to the conditions outlined in the direction to ensure safety during the operation of the Dash 8-400 aircraft (subparagraph 6.1(b) of CAO 20.16.3). Additionally, the operator must ensure that the aircraft's seating arrangement and passenger briefings meet the standards set forth by CASA to maintain safety and compliance with the legislative instrument. Failure to comply with the provisions of this legislation can result in significant penalties and consequences. As a legislative instrument, the direction is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. Additionally, CASA may take enforcement actions against the operator if it is found that the conditions for operating the Dash 8-400 aircraft are not met, which could include fines or other sanctions. Non-compliance with safety requirements could also lead to operational restrictions or the grounding of affected aircraft, further impacting the operator's ability to conduct flights under the direction. The legislative instrument has been subject to consultation processes as required by section 17 of the Legislative Instruments Act 2003, with CASA consulting both internally and with the operator to ensure that the direction meets safety standards and operational needs. The instrument is also compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights, which states that the legislative instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The compatibility statement further concludes that the legislative instrument is compatible with human rights as it does not raise any human rights issues.

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Aviation Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.