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 must carry a cabin attendant for each unit of 36 passengers or part of that number.
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 51 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 is a renewal of a former direction, CASA 506/11, which expires at the end of June 2012. 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 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 30 June 2012. 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 Instrument 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.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Consultation
This instrument is to replaces instrument CASA 506/11 which stops having effect at the end of June 2012. CASA had consulted both internally and with the operator prior to issuing that instrument. The instrument is also similar to instruments, issued to other operators, that have been the subject of consultation within CASA and with other bodies.
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 direction is 1 of a number of such instruments issued to, or renewed for, several operators pending CASA’s development of considered amendments to bring CAO 20.16.3 into line with new internationally recognised standards for cabin crew ratios (at least 1 cabin crew attendant for every 50 passenger seats, and 1 attendant for any incomplete part of that number).
The development and preparation of suitable CAO amendments is a more intensive and involved process than the evaluation and consideration of directions for a particular named operator. While such evaluation and consideration for an individual operator is itself detailed, and guided by the requirements of safety and prudence, it has not required extensive consultation with the broader industry.
The instrument is issued for a period of 6 months only, pending resolution of the wider issues involved.
The development and preparation of suitable CAO amendments to avoid the need for individual directions and set a suitable standard for cabin crew numbers is also continuing.
Commencement and making
The instrument has been issued for a limited period commencing on 1 July 2012 and ending at the end of June 2013.
The instrument has been issued by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA 206/12]