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