Explanatory Statement
Civil Aviation Regulations 1988
CASA 34/19 — Number of Cabin Attendants (Sunstate Airlines (Qld) Pty. Limited) Direction 2019
Purpose
The direction enables Sunstate Airlines (Qld) Pty. Limited (Sunstate Airlines), to continue operating relevant aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, subject to required risk reduction measures.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and for the safety of air navigation. Relevantly, the Governor‑General has made the Civil Aviation Regulations 1988 (CAR).
Under regulation 208 of CAR, the Civil Aviation Safety Authority (CASA) may give directions relating 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 and 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.
Background
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 certain circumstances, assessed on a case-by-case basis.
Instrument
By directing that Sunstate Airlines can operate relevant aircraft with a cabin attendant to passenger seat ratio of 1:50, the instrument allows Sunstate Airlines to continue operating DHC‑8‑400 series aircraft with 2 cabin attendants.
The DHC-8-400 series aircraft operated by Sunstate Airlines are configured to have 78 passenger seats. However, the relevant type certificate data sheet (TCDS) issued by both the Federal Aviation Administration of the United States of America (FAA) and the European Aviation Safety Agency (EASA) provides for a maximum seating capacity with of 80 passengers for those DHC‑8‑400 series aircraft. Therefore, section 3 mentions a maximum passenger seating capacity of 78 passengers, lower than the maximum provided for by both the FAA TCDS and the EASA TCDS.
The relevant FAA TCDS is freely available online by using the search term “DHC‑8‑400” in the search window located at https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/MainFrame?OpenFrameSet. The relevant EASA TCDS is freely available online by using the search term “DHC-8” in the search window located at https://www.easa.europa.eu/document-library/type-certificates.
The instrument also directs Sunstate Airlines to give written notice to CASA at least 14 days before revising any part of its operations manual relating to emergency procedures for relevant aircraft. That direction ensures that CASA maintains visibility of appropriate risk reduction measures in Sunstate Airlines’ operations manual, enforceable under CAR.
Legislation Act 2003 (the LA)
The instrument is being registered as a legislative instrument and is, therefore, a legislative instrument in accordance with subsection 8 (3) of the LA, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Initial consultation under section 17 of the LA was undertaken following the issue of the CASA report that recommended the recognition of the US Federal Aviation Administration and EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.
The instrument has been issued at the request of Sunstate Airlines to continue existing arrangements, and is similar to instruments issued to other operators that appear to be accepted by industry. In those circumstances, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.
Office of Best Practice Regulation (OBPR)
A Regulatory Impact Statement (RIS) is not required in this case as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).
Senate Standing Committee on Regulations and Ordinances concerns
The instrument provides for Sunstate Airlines to meet a standard for cabin attendant numbers that differs from the standard currently set down in CAO 20.16.3, but is considered to be a standard consistent with international safety standards and practice.
New suitable standards with appropriate conditions relating to cabin attendant numbers that are applicable to all air transport operators are contained in the Civil Aviation Safety Amendment (Part 121) Regulations 2018, expressed to commence on 25 March 2021.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument 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 1 June 2019 and will be repealed at the end of 31 May 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA 34/19 — Number of Cabin Attendants (Sunstate Airlines (Qld) Pty. Limited) Direction 2019
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 Sunstate Airlines (Qld) Pty. Limited to operate designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number.
Human rights implications
The legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority