Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (National Jet Express)
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), 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. 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 51/16, which contained a direction to allow National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services (National Jet Express), to conduct operations in BAe 146 series aircraft configured for a maximum of 100 passengers, with 1 cabin attendant for every 50 passenger seats or part of that number.
Instrument
This instrument allows National Jet Express to operate the BAe 146 series aircraft and the ERJ 190-100 LR series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, in line with current European Aviation Safety Agency type certificate data sheets. CASA has assessed the operator’s submission for the addition of the ERJ 190-100 LR series aircraft, including a safety risk management plan, and is satisfied this 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 51/16, 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.
This instrument repeals instrument CASA 51/16 that was registered as a legislative instrument and is, therefore, also 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 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 January 2018.
[Instrument number CASA 13/17]
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 (National Jet Express)
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 National Jet Express Pty Ltd, trading as Cobham Aviation Services Australia – Regional Services, to operate BAe 146 and ERJ 190‑100 LR 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