CASA 43/17 - Direction — number of cabin attendants (Capiteq Limited)

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

Legislation au F2017L00613 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants (Capiteq Limited)

Direction — number of cabin attendants (Jetstar Airways)

Direction — number of cabin attendants (Sunstate Airlines)

Purpose

These directions enable the specified operators to continue operating designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, subject to required risk mitigations.

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.

 

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.

 

Instruments

Instrument CASA 43/17 allows Capiteq Pty Limited, trading as Airnorth, to continue operating Embraer 170-100 series aircraft with a minimum of 2 cabin attendants.

 

Instrument CASA 44/17 allows Jetstar Airways Pty Limited to continue operating A320-200 series aircraft with a minimum of 4 cabin attendants and A321-200 series aircraft with a minimum of 5 cabin attendants.

 

Instrument CASA 45/17 allows Sunstate Airlines (Qld) Pty Limited to continue operating DHC8-400 series aircraft with a minimum of 2 cabin attendants.

 

The instruments provide that the operation of the designated aircraft with a cabin attendant to passenger seat ratio of 1:50 is subject to the condition that no part of the operator’s operations manual relating to emergency procedures may be revised without the prior written approval of CASA. This ensures that appropriate risk mitigations enforceable by CASA continue to be applied by the operators.

Legislation Act 2003 (the LA)

The instruments are being registered as legislative instruments and are, therefore, legislative instruments in accordance with subsection 8 (3) of the LA, and are 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.

 

These instruments have been issued at the request of the operators to continue existing directions allowing a ratio of 1 cabin attendant to 50 passenger seats or part of that number fitted to the aircraft. CASA consulted with the operators before issuing previous instruments on this subject. The policy behind the previous instruments has not changed since the previous instruments were made. The operation of the previous instruments has been satisfactory.

 

Therefore, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for these instruments.

 

Office of Best Practice Regulation (OBPR)

A Regulatory Impact Statement (RIS) is not required in this case as the directions are covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).

 

Senate Committee concerns

These directions provide for the operator to meet a standard for cabin attendant 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

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 instruments have 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.

 

All 3 instruments commence on 1 June 2017 and are repealed at the end of 31 May 2019.

 

[Instrument number CASA 43/17]

[Instrument number CASA 44/17]

[Instrument number CASA 45/17]

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 (Capiteq Limited)

Direction — number of cabin attendants (Jetstar Airways)

Direction — number of cabin attendants (Sunstate Airlines)

 

These legislative instruments are 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 instruments

The legislative instruments allow Capiteq Pty Limited, Jetstar Airways Pty Limited and 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

These legislative instruments do not engage any of the applicable rights or freedoms.

 

Conclusion

These legislative instruments are compatible with human rights as they do not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and to provide a comprehensive regulatory framework for civil aviation in Australia. The problem or gap this legislation addresses includes the need to balance stringent Australian cabin attendant ratios with international safety standards, particularly given the higher ratio requirements imposed by Australia compared to other jurisdictions. This discrepancy was recognised as a potential barrier to operational efficiency without compromising safety. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act and the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the relevant authority empowered to issue directions under regulation 208 of the Civil Aviation Regulations 1988. The policy objective of these specific directions is to allow designated operators to use an internationally accepted cabin attendant to passenger seat ratio of 1:50, provided that certain safety conditions are met, including the mandatory prior approval from CASA for any revisions to emergency procedures. This approach aims to harmonise Australian standards with global practices while maintaining a strong safety framework.

Scope and Application

The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, regulation 208 allows the Civil Aviation Safety Authority (CASA) to give directions regarding the operating crew required on an aircraft for safety purposes. CASA has issued directions under this regulation, allowing Capiteq Pty Limited, Jetstar Airways Pty Limited, and Sunstate Airlines (Qld) Pty Limited to operate designated aircraft with a cabin attendant to passenger seat ratio of 1:50, subject to specific conditions. These conditions include that no part of the operator’s operations manual relating to emergency procedures may be revised without CASA’s prior written approval, ensuring ongoing compliance with safety standards. The instruments CASA 43/17, CASA 44/17, and CASA 45/17, which detail the specific conditions and aircraft types, are registered as legislative instruments under the Legislation Act 2003 and are subject to tabling and disallowance in the Parliament. These directions are compatible with human rights as they do not raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The primary provisions of the Civil Aviation Regulations 1988, as amended by CASA instruments CASA 43/17, CASA 44/17, and CASA 45/17, allow Capiteq Limited (Airnorth), Jetstar Airways, and Sunstate Airlines to operate certain aircraft with a cabin attendant to passenger ratio of 1:50 or part of that number. This is a departure from the standard Australian requirement, which demands a cabin attendant for each unit of 36 passengers or part of that number for aircraft carrying more than 36 but not more than 216 passengers (CAO 20.16.3(6.1)(b)). The instruments authorise the use of the internationally accepted ratio of 1:50 (or part of that number) in specific circumstances, assessed on a case-by-case basis (section 98 of the Civil Aviation Act 1988 and regulation 208 of the Civil Aviation Regulations 1988). The legislative instruments impose obligations on the operators, including that no part of the operator’s operations manual relating to emergency procedures may be revised without the prior written approval of CASA. This requirement ensures that appropriate risk mitigations enforceable by CASA continue to be applied by the operators. The instruments also require that the operators comply with any other conditions CASA may impose to ensure the safety of air navigation. For breach of any condition imposed by CASA, the operators may face civil or criminal penalties. The Civil Aviation Act 1988 provides for penalties for non-compliance with the Act and its regulations, including fines and imprisonment. The maximum penalties vary depending on the nature and severity of the breach. The specific penalties for breach of the conditions in these instruments would be determined by CASA in accordance with the Act and relevant regulations.

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Aviation Law
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Direction
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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.