Explanatory Statement
Civil Aviation Regulations 1988
CASA 46/18 — Number of Cabin Attendants (Virgin Australia Regional Airlines Pty Ltd) Direction 2018
Purpose
The direction enables Virgin Australia Regional Airlines Pty Ltd (VARA) 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 Governor‑General to make regulations for the Act and the safety of air navigation. Relevantly, the Governor‑General 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 215 (9) of CAR, each member of an operator’s operations personnel must comply with all instructions contained in the operations manual in so far as they relate to the member’s duties or activities.
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 by‑laws), 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 case‑by‑case basis.
Instrument
By directing that VARA can operate relevant aircraft with a cabin attendant to passenger seat ratio of 1:50, the instrument allows VARA to continue operating:
(a) Airbus A320-200 series aircraft with a minimum of 4 cabin attendants; and
(b) Fokker F28 MK 0100 aircraft with a minimum of 2 cabin attendants.
The instrument also directs VARA not to revise any part of its operations manual relating to emergency procedures on those kinds of aircraft without CASA’s prior written approval. That direction ensures that appropriate risk reduction measures in VARA’s operations manual, enforceable under CAR, continue to be applied by VARA and cannot be changed without CASA’s prior written approval.
Legislation Act 2003 (the LA)
The 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.
The instrument has been issued at the request of VARA to continue existing arrangements, and is similar to instruments issued to other operators that appear to be accepted by industry. Having consulted with VARA, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.
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
The instrument provides for VARA 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 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 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.
The 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 46/18 — Number of Cabin Attendants (Virgin Australia Regional Airlines Pty Ltd) Direction 2018
This legislative instrument 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 instrument
The legislative instrument allows Virgin Australia Regional 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 instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority