Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Eastern Australia Airlines)
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.
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. It 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.
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 some circumstances, assessed on a case-by-case basis.
Instrument
This instrument will allow the operator to continue operating DHC8-300 series aircraft with a maximum seating capacity of 50 passenger seats with 1 cabin attendant, in line with current European Aviation Safety Agency type certificate data sheets.
Legislation Act 2003 (the LA)
Subsection 8 (4) of the LA provides that certain instruments that determine the law or alter the content of the law are legislative instruments. As the instrument alters the number of cabin crew required to be carried on board an aircraft under subparagraph 6.1 (b) of CAO 20.16.3, the instrument is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Initial consultation was undertaken following the issue of a CASA report that recommended the recognition of the certification standards of the USA and European safety regulators in relation to setting the ratio of cabin attendants to passenger seats.
This instrument has been issued at the request of the operator and is similar to instruments issued to other operators that appear to be accepted by industry. Having consulted with the operator, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Senate Committee concerns
This direction provides for the operator to meet a standard for cabin crew 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
A statement of compatibility is at Attachment 1.
The instrument commences on 1 December 2016 and is repealed at the end of 31 November 2018.
[Instrument number CASA 120/16]
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 (Eastern Australia 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 Eastern Australia Airlines Pty Limited to operate DHC8–300 series aircraft in regular public transport, or charter, operations if there is 1 cabin attendant for every 50 passenger seats or part of that number.
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