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
Overview
The Civil Aviation Regulations 1988 were enacted to provide for the regulation of civil aviation in Australia, ensuring the safety of air navigation and the protection of life and property. This particular legislative instrument, issued in 2016 by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, addresses the specific requirement for cabin attendants on DHC8-300 series aircraft operated by Eastern Australia Airlines. The problem it aims to resolve is the discrepancy between Australian and international standards for cabin attendant ratios, which have historically been more stringent in Australia. This direction seeks to align the Australian requirements more closely with international practices, thus promoting safety while considering economic and operational efficiencies. The policy objective is to ensure that the number of cabin attendants on these aircraft remains consistent with internationally recognised safety standards, thereby facilitating smoother operations and potentially reducing costs for the airline.
Scope and Application
The Civil Aviation Regulations 1988 Direction—number of cabin attendants (Eastern Australia Airlines) applies specifically to Eastern Australia Airlines Pty Limited, allowing it to operate DHC8-300 series aircraft with a cabin attendant ratio that is in line with international standards rather than the more stringent Australian requirement. This instrument is subject to the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, which mandate that the instrument be tabled and subject to disallowance in Parliament. The geographic reach of this legislation is limited to the operations of Eastern Australia Airlines within Australia. Notably, this direction deviates from the usual Australian requirement of one cabin attendant for every 36 passengers or part of that number, aligning instead with the international standard of one cabin attendant for every 50 passengers. This deviation is considered to be consistent with international safety standards and practice. The instrument is effective from 1 December 2016 and will be repealed at the end of 31 November 2018, as per the commencement and repeal provisions outlined in the instrument.
Key Provisions
The primary operative sections of the legislation, F2016L01851, pertain to the number of cabin attendants required on aircraft operated by Eastern Australia Airlines. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations regarding air navigation safety, and under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can issue directions concerning the operating crew required on an aircraft. The specific provision in question, subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, stipulates that aircraft carrying more than 36 but not more than 216 passengers must have a cabin attendant for each unit of 36 passengers or part of that number. The new instrument modifies this requirement to allow Eastern Australia Airlines to comply with an internationally accepted ratio of 1 cabin attendant for every 50 passenger seats.
This legislation imposes specific obligations on Eastern Australia Airlines to ensure that their DHC8-300 series aircraft operating in regular public transport or charter services meet the cabin crew requirements outlined in the direction. Specifically, they must ensure there is 1 cabin attendant for every 50 passenger seats or part of that number. This is a deviation from the previously required Australian standard of 1 cabin attendant for every 36 passengers or part of that number. The instrument is designed to align the airline's operations with international safety standards and practices, while still ensuring passenger safety.
Under the Civil Aviation Act 2003, this instrument is considered a legislative instrument, which requires tabling and disallowance in Parliament under sections 38 and 42 of the Act. Although the legislation does not explicitly outline specific offences or penalties for non-compliance, any breach of the Civil Aviation Regulations 1988 can lead to significant civil and criminal consequences, including fines and imprisonment. The maximum penalties for such breaches are determined by the specific regulatory provisions that the non-compliance might violate, which could include substantial fines and/or imprisonment for individuals and corporations found in breach of safety regulations.