CASA 123/16 - Direction — number of cabin attendants (Jetstar Airways)

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

Legislation au F2016L01848 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Direction  number of cabin attendants (Jetstar Airways)

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. Subparagraphs 6.1 (b) and (c) of Civil Aviation Order (CAO) 20.16.3 were made under regulation 208 of CAR 1988. Subparagraph 6.1 (b) 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. Subparagraph 6.1 (c) provides that aircraft carrying more than 216 passengers shall carry the number of cabin attendants as prescribed by CASA.

 

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.

 

CASA issued instrument number CASA 52/16, which contained a direction to allow Jetstar Airways Pty Limited (the operator) to conduct operations in Airbus A321200 series aircraft configured for a maximum of 220 passengers, and A320-200 series aircraft configured for a maximum of 180 passengers, with 1 cabin attendant for every 50 passenger seats or part of that number.

 

Instrument

This instrument will allow the operator to continue operating Airbus A321-200 series aircraft and Airbus A320-200 series aircraft with a maximum seating capacity of 50 passenger seats with 1 cabin attendant. For the A321-200 series aircraft, the maximum configuration of 220 passengers provided in CASA 52/16, being the operator’s current direction, has been increased to 230 passengers. This is in line with current European Aviation Safety Agency type certificate data sheets. CASA has assessed the operator’s submission, including a safety risk management plan and is satisfied that the increase to the 230 seat configuration has no impact on the safety of the operator’s operations.

 

In accordance with subsection 33 (3) of the Acts Interpretation Act 1901, the instrument repeals CASA 52/16, which is no longer required with the making of this instrument.

 

Legislation Act 2003 (the LA)

Paragraph 10 (1) (d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument.

 

Since this instrument repeals instrument CASA 52/16 that was registered as a legislative instrument, this instrument is, therefore, also a legislative instrument. Accordingly, this instrument is 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 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 with Human Rights is at Attachment 1.

 

Making and commencement

The direction 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 the day of registration and is repealed at the end of 31 May 2017.

 

[Instrument number CASA 123/16]

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 (Jetstar Airways)

 

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 Jetstar Airways Pty Limited to operate Australian registered Airbus A321-200 and Airbus A320-200 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, enacted by the Governor-General under the authority of the Civil Aviation Act 1988, were introduced to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft, as outlined in regulation 208 of the Civil Aviation Regulations 1988. The regulations include provisions such as the requirement for aircraft carrying more than 36 but not more than 216 passengers to carry a cabin attendant for each unit of 36 passengers or part of that number, and for aircraft carrying more than 216 passengers to carry the number of cabin attendants prescribed by CASA. This unique Australian requirement is more stringent than international standards, which permit a 1 cabin attendant for every 50 seats. CASA issued a direction to Jetstar Airways allowing them to operate with this internationally accepted ratio on certain aircraft, and this new instrument further adjusts the maximum seating capacity for these aircraft to align with European Aviation Safety Agency standards while ensuring no impact on safety. This legislative instrument, being a modification of a previous legislative instrument, is subject to parliamentary scrutiny and disallowance.

Scope and Application

The Civil Aviation Regulations 1988 Direction concerning the number of cabin attendants for Jetstar Airways applies specifically to Jetstar Airways Pty Limited, an Australian registered airline operating Airbus A321-200 and Airbus A320-200 series aircraft. This direction allows the airline to operate these aircraft with one cabin attendant for every 50 passenger seats or part of that number, a standard that aligns with international safety norms, differing from the previously stricter Australian requirement. This regulatory direction, applicable nationally within Australia, replaces the previous CASA 52/16 instrument, which had set a different standard for Jetstar Airways. The new direction, CAS 123/16, has been issued to ensure that Jetstar Airways can maintain operational safety while meeting international cabin crew ratios. This legislative instrument, which repeals its predecessor, is subject to parliamentary scrutiny and tabling under the Legislation Act 2003. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights.

Key Provisions

The key provision of this legislation is CASA's direction, allowing Jetstar Airways to operate Airbus A321-200 and Airbus A320-200 series aircraft with a cabin attendant ratio of 1 for every 50 passenger seats or part of that number (section 98 of the Civil Aviation Act 1988). This is a departure from the standard Australian requirement of 1 cabin attendant for each unit of 36 passengers or part of that number, as outlined in subparagraph 6.1(b) of CAO 20.16.3. This direction permits a configuration of up to 230 passengers on Airbus A321-200 series aircraft and up to 180 passengers on Airbus A320-200 series aircraft, in line with European Aviation Safety Agency type certificate data sheets. The obligations imposed on Jetstar Airways by this legislation include operating the specified Airbus aircraft models within the prescribed seating configurations and maintaining the required cabin attendant ratio. CASA has assessed the operator’s safety risk management plan and is satisfied that the new configurations do not compromise the safety of operations. Failure to comply with this direction could result in penalties under the Civil Aviation Act 1988, although specific penalties are not detailed in this document. However, the instrument does note that the operator's current direction (CASA 52/16) has been repealed with the making of this instrument and that this instrument is subject to tabling and disallowance in Parliament under the Legislation Act 2003. This direction aligns with international safety standards, as it allows Jetstar Airways to meet the same cabin crew ratios as those accepted in Europe and the USA. The instrument was issued following consultation with Jetstar Airways, and CASA is satisfied that no further consultation is necessary under the Legislation Act 2003.

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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.