CASA 409/11 – Direction – number of cabin attendants

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Legislation au F2011L01981 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants

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 297/11, which expired at the end of September 2011. 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 31 December 2011. 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.

 

Consultation

For section 17 of the LIA, CASA has consulted both within CASA and with the operator on the proposal. The instrument is similar to instruments issued to other operators that have been the subject of consultation within CASA and with other bodies.

Senate Regulations and Ordinances 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 safe 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.

Pending the finalisation of the project team’s work on the CAO, it is essentially unavoidable that CASA will issue or renew individual directions to operators on the same basis as has previously been done. The instrument is issued for a period of 3 months only, pending resolution of the wider issues involved.

 

The instrument commences on 1 October 2011 and stops having effect at the end of 31 December 2011.

 

The instrument has been issued by a delegate of CASA under subregulation 7(1) of CAR 1988.

 

[Instrument number CASA 409/11]

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Government, were amended to address the longstanding issue of cabin attendant ratios on aircraft, particularly those carrying between 36 and 216 passengers. This amendment was made to ensure air navigation safety and follows the recommendation by the Civil Aviation Safety Authority (CASA) to adopt international certification standards for cabin crew ratios. CASA issued a direction allowing Sunstate Airlines (Qld) Pty Limited to operate Dash 8-400 type aircraft with two cabin attendants, provided that the operator had addressed associated risks and enhanced passenger awareness. This direction is a renewal of a previous one and is intended to be temporary until CASA completes its review and updates the Civil Aviation Order 20.16.3 to align with internationally recognised safety standards. The instrument, declared as a disallowable legislative instrument under the Legislative Instruments Act 2003, was subject to consultation with CASA and the operator and will be in effect until the end of December 2011.

Scope and Application

The Civil Aviation Regulations 1988, as amended, apply to all aircraft operators within Australia and are enforced by the Civil Aviation Safety Authority (CASA). Specifically, regulation 208 of these regulations empowers CASA to issue directions regarding the crew required to operate an aircraft, ensuring compliance with safety standards for air navigation. The current regulation under consideration pertains to the number of cabin attendants required on aircraft with passenger capacities between 36 and 216. Historically, these regulations have stipulated that an aircraft must carry a cabin attendant for each unit of 36 passengers or part thereof, a requirement that has not been updated for over five decades. The current direction, CASA 409/11, specifically targets Sunstate Airlines (Qld) Pty Limited, allowing them to operate Dash 8-400 aircraft with only two cabin attendants, a deviation from the existing requirements. This direction acknowledges the operator's ability to manage risks and enhance passenger awareness for emergency evacuations, aligning with international safety standards. The instrument is in effect from 1 October 2011 until 31 December 2011 and is subject to disallowance under the Legislative Instruments Act 2003. This temporary measure is part of CASA's broader effort to align the Civil Aviation Order with internationally recognised safety standards, pending more comprehensive regulatory amendments.

Key Provisions

The main operative sections of the legislation concern the Civil Aviation Regulations 1988 and the specific direction issued by the Civil Aviation Safety Authority (CASA) regarding the number of cabin attendants required on aircraft. Subsection 98(1) of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, and regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988) enables CASA to give directions concerning the operating crew required for aircraft safety. Subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, made under regulation 208, mandates that aircraft carrying more than 36 and not more than 216 passengers must have a cabin attendant for every 36 passengers or part of that number. The current direction, CASA 409/11, allows Sunstate Airlines (Qld) Pty Limited to operate Dash 8-400 type aircraft with 2 cabin attendants, based on their risk assessment and passenger awareness measures. The obligations imposed by this Act on the parties include ensuring that the aircraft operating crew meets the safety standards set by CASA. Specifically, CASA must evaluate and address the risks associated with the proposed change in cabin attendant numbers, and the operator must demonstrate that the safety of passengers can be maintained. This involves providing evidence that passengers, particularly those seated in self-help exit rows, are adequately informed and capable of assisting in emergency evacuations. The operator must also ensure that a full evacuation of the aircraft can be achieved within 90 seconds, as per the Transport Canada guidelines for certification demonstrations. The legislation includes potential penalties and consequences for breaches of the requirements. As a legislative instrument, the direction is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). While the specific penalties for non-compliance are not detailed in the explanatory statement, breaches of safety regulations in civil aviation can generally result in severe consequences, including fines, suspension of operational licenses, and legal actions against the operator. The ongoing consultation and adherence to international safety standards underscore the critical nature of compliance with these provisions to ensure passenger safety.

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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.