CASA 45/18 — Number of Cabin Attendants (Virgin Australia International Airlines) Direction 2018

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

Legislation au F2018L00800 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

CASA 44/18 — Number of Cabin Attendants (Virgin Australia Airlines) Direction 2018

CASA 45/18 Number of Cabin Attendants (Virgin Australia International Airlines) Direction 2018

Purpose

The directions enable, respectively, Virgin Australia Airlines Pty Ltd and Virgin Australia International Airlines Pty Ltd (the operators) 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 GovernorGeneral to make regulations for the Act and the safety of air navigation. Relevantly, the GovernorGeneral has made the Civil Aviation Regulations 1988 (CAR).  Under regulation 208 of CAR, CASA may give directions relating to the minimum operating crew of an aircraft being supplemented by additional operating crew members that CASA considers necessary, 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.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or bylaws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

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 casebycase basis.

Instruments

The instruments each modify the operation of subparagraph 6.1 (b) of CAO 20.16.3 for the related operator, permitting each related operator to operate B737800 series aircraft with a cabin attendant to passenger seat ratio of 1:50.

The instruments also direct each operator not to revise any part of their operations manuals relating to emergency procedures on those kinds of aircraft without CASA’s prior written approval.  That direction ensures that appropriate risk reduction measures in the related operator’s operations manual, enforceable under CAR, continue to be applied by each operator and cannot be changed without CASA’s prior written approval.

Legislation Act 2003 (the LA)

Each 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.  CASA is satisfied that it can safely continue to issue directions under regulation 208 of CAR on the basis of the criteria mentioned in this explanatory statement.

Each instrument has been issued at the request of the related operator to continue existing arrangements, and is similar to instruments issued to other operators that appear to be accepted by industry.  Having consulted with the operators, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for either of the instruments.

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

Each instrument provides for the related operator 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.

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 instruments do not engage any of the applicable rights or freedoms, and are compatible with human rights as they do not raise any human rights issues.

Making and commencement

Each 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.

Each instrument commences on 1 July 2018 and is repealed at the end of 30 June 2020.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

CASA 44/18 — Number of Cabin Attendants (Virgin Australia Airlines) Direction 2018

CASA 45/18 — Number of Cabin Attendants (Virgin Australia International Airlines) Direction 2018

Each of these legislative instruments 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 instruments

CASA 44/18 allows Virgin Australia Airlines Pty Ltd to operate designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number.

CASA 45/18 allows Virgin Australia International Airlines Pty Ltd to operate designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number.

Human rights implications

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

Conclusion

Each of the legislative instruments is compatible with human rights as it does 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 provide a regulatory framework for the aviation industry in Australia. These regulations were established under the Civil Aviation Act 1988 and have been subsequently amended and supplemented by various legislative instruments. The purpose of the CASA 44/18 – Number of Cabin Attendants (Virgin Australia Airlines) Direction 2018 and CASA 45/18 – Number of Cabin Attendants (Virgin Australia International Airlines) Direction 2018 is to enable Virgin Australia Airlines Pty Ltd and Virgin Australia International Airlines Pty Ltd to operate their relevant aircraft with a cabin attendant to passenger seat ratio of 1:50, aligning with international safety standards while ensuring continued safety of air navigation. These directions were issued by the Civil Aviation Safety Authority (CASA), which operates under the authority of the Governor-General as per section 98 of the Civil Aviation Act 1988. The policy objective is to allow these airlines to operate under a cabin attendant ratio consistent with international practices, thereby facilitating their compliance with global safety standards while maintaining the safety of passengers and crew.

Scope and Application

The Civil Aviation Regulations 1988 (CASA) Directions 2018 (CASA 44/18 and CASA 45/18) apply specifically to Virgin Australia Airlines Pty Ltd and Virgin Australia International Airlines Pty Ltd, allowing these entities to operate certain aircraft with a cabin attendant to passenger seat ratio of 1:50, which is consistent with international safety standards but differs from the existing Australian requirement. These directions are issued under the Civil Aviation Act 1988, which grants the Civil Aviation Safety Authority (CASA) the power to make regulations for aviation safety, and are subject to the Civil Aviation Regulations 1988. The geographic reach of these directions is national, applying across Australia. The directions exempt the specified airlines from the existing Australian requirement of 1 cabin attendant for every 36 passengers or part of that number, provided they adhere to the risk reduction measures outlined in the directions. The application of these directions may be extended or restricted through subordinate instruments, although no such extensions or restrictions are specified in these particular directions. These legislative instruments are registered under the Legislation Act 2003 and are subject to tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Regulations 1988 (CAR) and subsequent directions issued by the Civil Aviation Safety Authority (CASA) under section 208 of CAR, such as CASA 44/18 and CASA 45/18, provide specific requirements for the number of cabin attendants on certain aircraft operated by Virgin Australia Airlines and Virgin Australia International Airlines. Section 208 of CAR empowers CASA to issue such directions when it deems it necessary for the safety of air navigation. Under these directions, Virgin Australia Airlines and Virgin Australia International Airlines are permitted to operate Boeing 737-800 series aircraft with a cabin attendant to passenger ratio of 1:50, which deviates from the standard 1:36 ratio set out in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. This is subject to compliance with additional risk reduction measures as stipulated in the directions. The directions impose specific obligations on the airlines. They must maintain the 1:50 cabin attendant to passenger ratio for the designated aircraft and ensure that their operations manuals, particularly those relating to emergency procedures, are not altered without CASA’s prior written approval. This requirement ensures that safety measures are consistently applied and not modified without regulatory oversight. The directions also stipulate that the operators must adhere to the risk reduction measures outlined in their operations manuals, which must be approved by CASA. Failure to comply with the terms of these directions can lead to enforcement actions by CASA. Although the specific penalties are not detailed in the directions, general regulatory compliance breaches under CAR can result in substantial penalties, including fines and potential prosecution. CASA has the authority to take action against airlines that do not comply with safety directions, which could include imposing fines or other sanctions. The maximum penalties would be determined based on the specific nature and severity of the breach, in line with the general enforcement provisions of CAR. Overall, CASA 44/18 and CASA 45/18 provide specific regulatory allowances for Virgin Australia Airlines and Virgin Australia International Airlines to operate with a more internationally standard cabin attendant ratio, subject to adherence to strict safety and operational conditions. These conditions are designed to ensure that safety is maintained despite the deviation from the usual Australian standard.

Legal classification tags

Area of Law
Aviation Law
Instrument
Direction
Concepts
Compliance Obligations
Enforcement Powers
Regulatory Standards

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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.