Explanatory Statement
Civil Aviation Regulations 1988
Direction – number of cabin attendants (Jetstar Airways)
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 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. Subparagraphs 6.1 (b) and (c) of Civil Aviation Order (CAO) 20.16.3 were made under regulation 208 of CAR 1988. 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.
The requirements in subparagraph 6.1 (b) of CAO 20.16.3 have remained in the same form since 1960 and as such represents 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, 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 and the Joint Aviation Authorities (Europe), now European Aviation Safety Agency (EASA), certification standards.
The recommendation was adopted.
CASA issued instrument number CASA 99/15, which contained a direction to allow Jetstar Airways Pty Limited (the operator) to conduct operations in either Airbus A321‑200 or A320-200 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number. CASA 99/15 only applies to aircraft engaged in regular public transport or charter operations.
Instrument
The direction will allow the operator to operate Airbus A321-200 series aircraft, configured for a maximum passenger seating of 220 passengers, with 5 cabin attendants, and to operate Airbus A320-200 series aircraft, configured for a maximum passenger seating of 180 passengers, with 4 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 cabin crew training and testing procedures on Airbus A321-200 and Airbus A320-200 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 an emergency.
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 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
This instrument has been issued at the request of the operator to continue an existing direction (CASA 99/15) 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. 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.
In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
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 also 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 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 June 2016 and is repealed at the end of 31 May 2017.
[Instrument number CASA 52/16]
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 (Jetstar Airways)
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 Jetstar Airways Pty Limited to operate Australian registered Airbus A321-200 and Airbus A320-200 series aircraft in regular public transport, or charter, operations if there is 1 cabin attendant for every 50 passenger seats or part of that number.
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