CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020

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

Legislation au F2020L01476 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020

 

Purpose

The purpose of CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines Pty Limited) Direction 2020 (the instrument) is to enable Eastern Australia Airlines Pty. Limited (Eastern Australia Airlines) to carry at least 1 cabin attendant for every 50 passenger seats or less fitted to a relevant aircraft.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR).

 

Subpart 11.G of CASR enables the Civil Aviation Safety Authority (CASA) to issue directions in relation to matters affecting the safety of air navigation. Paragraph 11.245 (1) (a) of CASR empowers CASA, for subsection 98 (5A) of the Act, to issue a direction about any matter affecting the safe navigation and operation of aircraft.

 

Under subregulation 11.245 (2), CASA may issue such a direction:

(a) only if CASA is satisfied it is necessary to do so in the interests of the safety of air navigation; and

(b) only if the direction is not inconsistent with the Act; and

(c) only for the purposes of CASA’s functions.

 

Under paragraph 11.250 (a) of CASR, a direction under regulation 11.245 ceases to be in force on the day specified in the direction. Under regulation 11.255 of CASR, it is an offence of strict liability if a person contravenes a direction under regulation 11.245.

 

Under regulation 208 of CAR, CASA may give directions relating to the operating crew members required to be carried on an aircraft during a flight, 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. It states that if an aircraft engaged in charter, or regular public transport, operations carries more than 36 but not more than 216 passengers on a flight, it must carry at least 1 cabin attendant for each unit of 36 or less passengers carried.

 

Under Part 1 of the CASR Dictionary, type certificate data sheet (TCDS) means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller.

 

Background

The minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1 (b) of CAO 20.16.3 is a unique Australian requirement, which is more onerous than the equivalent requirement applying in other countries. The minimum ratio permitted in Europe, the United States of America and most other countries is for an airline to carry at least 1 cabin attendant for every 50 passenger seats on the aircraft or part of that number. CASA permits operators to adopt the internationally-accepted ratio in certain circumstances, as assessed on a case-by-case basis. The internationally‑accepted ratio will apply from the commencement of the Civil Aviation Safety Amendment (Part 121) Regulations 2018 (Part 121 of CASR).

 

Content of instrument

Section 1 states the name of the instrument.

 

Section 2 states the duration of the instrument.

 

Section 3 contains definitions of terms used in the instrument. In particular, relevant aircraft means a DHC-8-300 series aircraft with a TCDS that provides for a maximum seating capacity of 50 passengers.

 

Section 4 states the instrument applies to Eastern Australia Airlines in relation to its operation of the relevant aircraft in charter, or regular public transport, operations.

 

Subsection 5 (1) overrides the minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1 (b) of CAO 20.16.3.

 

Subsection 5 (2) directs Eastern Australia Airlines to assign for duty at least 1 cabin attendant for every 50, or part of 50, passenger seats fitted to the relevant aircraft.

 

Subsection 5 (3) directs Eastern Australia Airlines to give written notice to CASA of any proposed revision of any part of Eastern Australia Airlines’ operations manual that relates to emergency procedures for the relevant aircraft, including in relation to exits. Under subsection 5 (4), the notice must be given at least 14 days before making the proposed revision.

 

CASA is satisfied it is necessary to issue the directions in the interests of the safety of air navigation.

 

Document incorporated by reference

The instrument incorporates by reference CAO 20.16.3 in accordance with section 10 of the Acts Interpretation Act 1901 and section 13 of the Legislation Act 2003 (the LA). This document is a disallowable legislative instrument made under CAR, and is freely available on the Federal Register of Legislation.

 

Subsection 98 (5D) of the Act states that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing at a particular time, or from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

 

The instrument incorporates by reference the TCDS, for the relevant aircraft, as it exists at the commencement of the instrument. The European Union Aviation Safety Agency (EASA) has published the TCDS for the relevant aircraft. The document is freely available, and accessible via the Internet on the following webpage: https://www.easa.europa.eu/sites/default/files/dfu/EASA%20TCDS_DHC-8_Iss%2013.pdf.

 

Legislation Act 2003

The instrument is being registered as a legislative instrument. Therefore, it is a legislative instrument under 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.

 

More recently, CASA consulted extensively with industry and the public about adopting the ratio of at least 1 cabin attendant for every 50 passenger seats or less fitted to a relevant aircraft engaged in charter, or regular public transport, operations. This ratio has been accepted as the new standard for the operation of aeroplanes under Part 121 of CASR.

 

The instrument has been issued at the request of the operator to continue existing arrangements. CASA consulted with the operator before issuing previous instruments on this subject. The policy behind the previous instruments has not changed since they were made. The operation of the previous instruments has been satisfactory.

 

Therefore, 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).

 

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 CASR.

 

The instrument commences on 1 December 2020, and is repealed at the earlier of the following:

(a) the commencement of Part 121 of CASR;

(b) the end of 30 November 2022.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020

 

The 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 Eastern Australia Airlines Pty Limited to operate a stated aircraft with 1 cabin attendant for every 50 passenger seats or less fitted to a relevant aircraft.

 

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

Overview

The Civil Aviation Safety Authority (CASA) 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020 was enacted to allow Eastern Australia Airlines to operate with a cabin attendant-to-passenger ratio that aligns with international standards. The instrument was introduced to address the gap created by Australia's previously more stringent local requirement, which mandated a cabin attendant for every 36 passengers, in contrast to the international standard of 50 passengers per attendant. This direction is in line with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which empower CASA to issue such directions in the interest of air navigation safety. The Civil Aviation Safety Regulations permit CASA to issue directions that ensure the safe operation of aircraft, provided they do not conflict with the Act and are consistent with CASA's functions. The instrument was issued following consultations with Eastern Australia Airlines and other stakeholders, ensuring the safety of air navigation remains the primary policy objective. The CASA 65/20 Direction was made under the authority of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for the Act, particularly in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further enable CASA to issue directions affecting air navigation safety. The instrument was issued by CASA, a delegate of the Governor-General, and is effective from 1 December 2020 until the commencement of Part 121 of the Civil Aviation Safety Regulations or the end of 30 November 2022, whichever comes first. This direction ensures that Eastern Australia Airlines can operate under a cabin attendant-to-passenger ratio that is consistent with international standards, thereby maintaining safety without unnecessary regulatory burdens.

Scope and Application

The CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020 applies specifically to Eastern Australia Airlines Pty Limited in relation to its operation of DHC-8-300 series aircraft with a maximum seating capacity of 50 passengers in charter or regular public transport operations. This direction modifies the existing minimum cabin attendant-to-passenger ratio requirement, allowing the airline to assign at least one cabin attendant for every 50, or part of 50, passenger seats on these specific aircraft. The direction ensures compliance with the safety of air navigation by overriding the more stringent Australian requirement that mandates one cabin attendant for each unit of 36 or less passengers. The authority to issue this direction stems from the Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to issue safety-related directions. The instrument incorporates by reference the Civil Aviation Order (CAO) 20.16.3 and the type certificate data sheet (TCDS) for the relevant aircraft, and it will cease to be in force either upon the commencement of Part 121 of CASR or by 30 November 2022, whichever occurs first. The direction is subject to tabling and disallowance in the Parliament under the Legislation Act 2003, and it has been deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Key Provisions

The CASA 65/20 — Number of Cabin Attendants (Eastern Australia Airlines) Direction 2020 (CASA 65/20 Direction) primarily aims to enable Eastern Australia Airlines to operate a DHC-8-300 series aircraft with a specific cabin attendant-to-passenger ratio. Section 5(1) of the Direction overrides the usual minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1(b) of Civil Aviation Order (CAO) 20.16.3. Instead, subsection 5(2) mandates that Eastern Australia Airlines must assign at least 1 cabin attendant for every 50, or part of 50, passenger seats fitted to the relevant aircraft. Furthermore, subsection 5(3) requires the airline to notify CASA of any proposed revisions to its operations manual concerning emergency procedures for the relevant aircraft, including exits, at least 14 days before implementing such revisions. Eastern Australia Airlines is obligated to comply with the specified cabin attendant-to-passenger ratio and to notify CASA of any proposed changes to their operations manual concerning emergency procedures for the relevant aircraft. This requirement is designed to ensure that the airline maintains a level of safety that is consistent with the safety standards set forth in the Civil Aviation Safety Regulations 1998 (CASR). In addition to these obligations, the airline must adhere to the provisions of the Civil Aviation Regulations 1988 (CAR) and other applicable aviation safety regulations. Violations of the CASA 65/20 Direction constitute an offence under regulation 11.255 of the CASR, which imposes strict liability for non-compliance. The penalties for contravening a direction under regulation 11.245 of the CASR are not explicitly stated in the Direction itself, but typically such offences may attract significant fines and other enforcement actions. The exact penalties would be determined in accordance with the applicable laws and regulations governing aviation safety. Overall, the CASA 65/20 Direction is a regulatory measure intended to ensure that Eastern Australia Airlines maintains a sufficient number of cabin attendants on its DHC-8-300 series aircraft to ensure the safety of passengers during flights. By establishing a specific cabin attendant-to-passenger ratio, the Direction aims to enhance the safety of air navigation and promote compliance with aviation safety standards.

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Aviation Law
Instrument
Direction
Concepts
Definitions & Interpretation
Offence Provisions
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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.