Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Sunstate Airlines)
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. 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 shall 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. In the report named Review of policies and practices for first-of-type certification of imported aircraft, CASA 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 CASA 64/15 which contained a direction to allow Sunstate Airlines (Qld) Pty. Limited (the operator) to conduct operations in Australian registered Dash 8-400 aircraft with 1 cabin attendant for every 50 passenger seats or part of that number. CASA 64/15 only applied to aircraft engaged in regular public transport, or charter, operations.
Instrument
This instrument will allow the operator to continue to operate the Dash 8-400 type aircraft, configured for a maximum passenger seating of 78 passengers, with 2 cabin attendants. The direction will only apply where there are not less than 73 passengers on board the aircraft. In circumstances where there are less than 73 passengers on board, the requirements of subparagraph 6.1 (b) of CAO 20.16.3 will continue to apply. In addition, the direction only applies where the aircraft is engaged in regular public transport, or charter, operations.
The instrument is also subject to conditions in the interest of aviation safety. Among other matters, the operator must ensure that only physically competent (able-bodied) persons may occupy the seats located in row 2 of the right-hand side of the aircraft in order to assist, where required, effective evacuation of the aircraft. The operator must also ensure all passengers occupying these seats 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 64/15) allowing a ratio of 1 cabin attendant to 50 passenger seats.
The operator has previously addressed concerns regarding the increase in passenger numbers per cabin crew member, and provided effective demonstration of emergency evacuation procedures with the revised cabin attendant to passenger seats ratio.
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 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 53/16]
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 (Sunstate Airlines)
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 Sunstate Airlines (Qld) Pty. Limited (the operator) to operate Australian registered Dash 8-400 aircraft if they carry 1 cabin attendant for every 50 passenger seats or part of that number, for a maximum seating capacity of 78 passengers. This direction only applies in circumstances where there are at least 73 passengers on board the aircraft.
The primary purpose of the legislative instrument is to allow the operator, in relevant circumstances, to operate those aircraft with fewer cabin attendants than would otherwise be required by Civil Aviation Order 20.16.3. The direction is subject to conditions, imposed in the interests of aviation safety, about seating and briefing of passengers, and the ability to quickly evacuate the aircraft.
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