CASA 51/16 - Direction — number of cabin attendants (National Jet Express)

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

Legislation au F2016L00832 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Direction — number of cabin attendants (National Jet Express)

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions as to the operating crew required to be carried on an aircraft 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 1988 and provides that aircraft carrying more than 36 and not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number.

 

The requirements in subparagraph 6.1 (b) of CAO 20.16.3 have remained in the same form since 1960 and as such represent a 56 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report published in 1990, Review of policies and practices for first-of-type certification of imported aircraft, recommended the recognition of the Federal Aviation Administration of the United States of America (FAA) and the European Aviation Safety Agency (EASA) certification standards. The recommendation was adopted.

 

Instrument

The direction will allow National Jet Express Pty Ltd (the operator) to operate British Aerospace (BAe) 146 class aircraft, configured for a maximum passenger seating of 100 passengers, with 2 cabin attendants. CASA has assessed the operator’s submission, including a safety risk management plan which satisfactorily addressed concerns regarding the increase in passenger numbers per cabin crew member. The operator has provided effective demonstration of emergency evacuation procedures with a 1:50 cabin attendant to passenger seats ratio. CASA also conducted surveillance of the operator’s proficiency check day to validate the 2 cabin crew training and testing procedures on BAe 146 class aircraft.

 

The instrument is subject to conditions in the interest of aviation safety. Among other things, the operator must ensure that only physically competent (able-bodied) persons may occupy seats in seat rows designated as emergency exit rows in order to assist, where required, effective evacuation of the aircraft. The operator must also ensure all passengers seated in the emergency exit rows receive and respond to briefing on the operation of emergency exits and the actions required in the event of cabin crew incapacitation during an emergency. The operator has not demonstrated ditching performance for 2 cabin crew operations and, therefore, it is a condition that the operator must not conduct an operation that requires the carriage of life rafts.

 

The question of cabin attendant ratios under CAO 20.16.3 is subject to ongoing discussion and the current instrument will only be in force up to the end of 31 May 2017. Instruments of this type are being issued for limited periods only. It is hoped that there will be a resolution of the issues involved, making the issue of individual directions to operators unnecessary.

 

Legislation Act 2003 (the LA)

Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005. Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO, and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (b) of CAO 20.16.3. As a legislative instrument, it 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 FAA and EASA certification standards in relation to setting the ratio of cabin attendants to passenger seats.

 

This instrument has been issued at the request of the operator to continue an existing direction (CASA 63/15) allowing a ratio of 1 cabin attendant to 50 passenger seats. The instrument is similar to instruments issued to other operators and is accepted by industry.

 

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

 

Senate Committee concerns

This direction provides for the operator to meet a standard for cabin crew 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

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The direction has been issued 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 June 2016 and is repealed at the end of 31 May 2017.

 

[Instrument number CASA 51/16]

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 (National Jet Express)

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 instrument allows National Jet Express Pty Ltd to operate Australian registered BAe 146 class aircraft if they carry 1 cabin attendant for every 50 passenger seats or part of that number, for a maximum seating capacity of 100 passengers.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988, as amended by the Direction—number of cabin attendants (National Jet Express), address the issue of the number of cabin attendants required on aircraft, specifically for National Jet Express Pty Ltd's BAe 146 class aircraft. This direction was introduced to provide a temporary resolution to the longstanding cabin attendant ratio requirements, which have not been reassessed since 1960. The policy objective is to ensure aviation safety while aligning with international safety standards, as recommended by CASA in its 1990 report. The Civil Aviation Safety Authority (CASA), which is responsible for aviation safety oversight in Australia, issued this direction under its regulatory powers as outlined in the Civil Aviation Act 1988. This legislative instrument is compatible with human rights as it does not engage any of the rights or freedoms recognised in the Human Rights (Parliamentary Scrutiny) Act 2011. The direction issued by CASA allows National Jet Express to operate with a cabin attendant to passenger ratio of 1:50, differing from the 1:36 ratio currently stipulated in the Civil Aviation Order 20.16.3. This temporary measure is contingent on certain conditions aimed at maintaining safety standards, such as ensuring that only physically competent persons occupy emergency exit rows and that all passengers in these rows are briefed on emergency procedures. This direction is in effect until the end of May 2017, with ongoing discussions to potentially revise the cabin attendant ratios in future regulations.

Scope and Application

The Civil Aviation Regulations 1988 Direction – Number of Cabin Attendants (National Jet Express) applies specifically to National Jet Express Pty Ltd and its operations of British Aerospace (BAe) 146 class aircraft in Australia. The direction allows the airline to operate with a cabin attendant to passenger ratio of 1:50, differing from the standard set out in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3, which requires a cabin attendant for every 36 passengers or part of that number. This allowance is made on the basis of a safety risk management plan and successful demonstration of emergency evacuation procedures submitted by the operator. The instrument is subject to conditions that prioritise aviation safety, such as ensuring only physically competent persons occupy emergency exit rows and that passengers in these rows receive appropriate briefings. Notably, the direction does not permit operations that require the carriage of life rafts due to the absence of demonstrated ditching performance for the 2-cabin crew configuration. The direction operates under the jurisdictional scope of the Commonwealth of Australia and is subject to tabling and disallowance in Parliament. It is in effect from 1 June 2016 until 31 May 2017, reflecting the temporary nature of such instruments until more permanent regulatory solutions are developed.

Key Provisions

The key operative sections of the Civil Aviation Regulations 1988, particularly in this context, are sections 208 and 6.1(b) of Civil Aviation Order (CAO) 20.16.3, which pertain to the requirements for operating crew on aircraft. Section 208 allows the Civil Aviation Safety Authority (CASA) to issue directions concerning the number of cabin attendants required for safety, while subparagraph 6.1(b) of CAO 20.16.3 specifies that aircraft carrying between 36 and 216 passengers must have a cabin attendant for every 36 passengers or part thereof. The direction issued under this regulation (CASA 51/16) allows National Jet Express Pty Ltd to operate British Aerospace 146 class aircraft with a seating capacity of up to 100 passengers, requiring only 2 cabin attendants, which deviates from the existing ratio stipulated by subparagraph 6.1(b). The obligations imposed by the Act on National Jet Express include ensuring that all passengers seated in emergency exit rows are briefed on emergency procedures and are physically competent to assist in evacuation if necessary. Additionally, the operator must not conduct any operations that require the carriage of life rafts, as it has not demonstrated ditching performance with a reduced crew complement. These conditions are set to ensure that the safety of passengers and crew remains uncompromised despite the reduced number of cabin attendants. The legislation outlines potential consequences for non-compliance with these directives. While the specific penalties are not detailed in the text, under general aviation law, breaches of safety regulations can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the serious nature of aviation safety breaches. The direction itself is subject to disallowance by Parliament, aligning with the legislative process outlined in the Legislation Act 2003. This legislative framework ensures that safety directions are both enforceable and subject to appropriate oversight. Overall, the Civil Aviation Regulations 1988, through the direction issued by CASA, provide a clear framework for National Jet Express to operate under specific safety conditions, balancing operational efficiency with the paramount need for passenger and crew safety. The direction is time-limited, indicating an ongoing review process to potentially standardise cabin attendant requirements across all operators.

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Area of Law
Aviation Law
Instrument
Direction
Concepts
Definitions & Interpretation
Compliance Obligations
Enforcement Powers
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Safety of Air Navigation

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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.