CASA 45/17 - Direction — number of cabin attendants (Sunstate Airlines)

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

Legislation au F2017L00614 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, enacted in 1988, address the safety and regulation of air navigation within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue directions regarding the number of cabin attendants required on aircraft, ensuring compliance with safety standards. The specific directions discussed here, such as CASA 43/17 for Capiteq Limited, CASA 44/17 for Jetstar Airways, and CASA 45/17 for Sunstate Airlines, were introduced to allow these operators to continue using the internationally accepted cabin attendant to passenger ratio of 1:50, subject to specific risk mitigations. This was in response to a unique Australian requirement that was more stringent than international standards. The policy objective behind these directions is to align Australian practices with global safety standards while maintaining necessary risk mitigations, as evidenced by the requirement for operators to obtain CASA approval before revising emergency procedures. These legislative instruments are subject to tabling and disallowance in Parliament and are registered under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 Direction – Number of Cabin Attendants (Capiteq Limited), Direction – Number of Cabin Attendants (Jetstar Airways), and Direction – Number of Cabin Attendants (Sunstate Airlines) are legislative instruments issued under section 98 of the Civil Aviation Act 1988. These directions allow specific air operators, namely Capiteq Limited, Jetstar Airways Pty Limited, and Sunstate Airlines (Qld) Pty Limited, to continue operating designated aircraft with a cabin attendant to passenger seat ratio of 1:50, in alignment with international safety standards. This ratio is more lenient than the existing Australian requirement, which mandates a cabin attendant for each unit of 36 passengers or part of that number for aircraft carrying between 36 and 216 passengers. The directions apply to these specific operators and their designated aircraft types, subject to the condition that any revisions to their emergency procedures must be approved by the Civil Aviation Safety Authority (CASA) beforehand. These instruments are subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003, and have been registered accordingly. The legislative instruments commence on 1 June 2017 and will be repealed at the end of 31 May 2019. These directions are an extension of the Civil Aviation Regulations 1988, which are made under the Civil Aviation Act 1988 for the safety of air navigation. They are designed to ensure that the specified operators can maintain a cabin attendant to passenger seat ratio consistent with international standards while continuing to operate within Australia. The directions are compatible with human rights as they do not engage any applicable rights or freedoms, and no further consultation was deemed necessary as the policy behind the previous instruments has remained unchanged and satisfactory. The legislative instruments have been issued at the request of the operators and have been subject to consultation with CASA.

Key Provisions

The Civil Aviation Regulations 1988, under section 98, empower the Governor-General to create regulations that ensure the safety of air navigation, and regulation 208 of these regulations allow the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on an aircraft. The directions under discussion (Instruments CASA 43/17, CASA 44/17, and CASA 45/17) pertain specifically to Capiteq Limited, Jetstar Airways, and Sunstate Airlines, respectively, and they permit these airlines to operate certain aircraft with a cabin attendant to passenger seat ratio of 1:50, in line with international safety standards. This is subject to conditions such as the approval of CASA for any revisions to the operators' emergency procedures. These legislative instruments impose certain obligations on the operators. Capiteq Limited, Jetstar Airways, and Sunstate Airlines must adhere to the specified cabin attendant to passenger seat ratio and ensure that their emergency procedures manual remains compliant with CASA’s risk mitigation measures. Any changes to these procedures require prior written approval from CASA, thereby maintaining a standard that aligns with international safety practices while allowing for some flexibility under Australian conditions. Breach of the conditions set forth in these instruments could result in severe consequences. While specific penalties are not detailed within the explanatory statement, general aviation regulations often provide for substantial fines and potential criminal charges for non-compliance. The severity of penalties can vary based on the nature and extent of the breach, but they are designed to ensure the highest standards of safety are maintained in air navigation. The legislative instruments are registered as legislative instruments under the Legislative Instruments Act 2003, which mandates their tabling and disallowance in Parliament. This ensures that the instruments are subject to parliamentary scrutiny and oversight. Furthermore, the instruments have been developed in consultation with the operators and are considered compatible with human rights, as they do not engage any of the rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The commencement and repeal dates of these instruments are set from 1 June 2017 to 31 May 2019, providing a limited timeframe for their application and review.

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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.