Explanatory Statement
Civil Aviation Regulations 1988
Direction — number of cabin attendants (Jetstar Airways)
Purpose
The instrument enables Jetstar Airways Pty Limited (the operator) to continue operating designated aircraft with 1 cabin attendant for every 50 passenger seats or part of that number, subject to required risk mitigations.
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), 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. 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.
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
Instrument CASA 84/17 repeals instrument CASA 44/17 and allows the operator to continue operating A320-200 series aircraft with a minimum of 4 cabin attendants and A321-200 series aircraft with a minimum of 5 cabin attendants. The instrument is being remade to reflect the operator’s reconfiguration of the A320-200 aircraft type.
The instrument provides that the operation of the designated aircraft with a cabin attendant to passenger seat ratio of 1:50 and includes a direction that no part of the operator’s operations manual relating to emergency procedures may be revised without the prior written approval of CASA. This ensures that appropriate risk mitigations enforceable by CASA continue to be applied by the operators.
Legislation Act 2003 (the LA)
The instrument is being registered as a legislative instrument on the Federal Register of Legislation 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.
The instrument has been issued at the request of the operator consistent with existing directions allowing a ratio of 1 cabin attendant to 50 passenger seats or part of that number fitted to the aircraft. CASA consulted with the operator before issuing previous similar instruments. The policy behind the previous instruments has not changed since the previous instruments were made. The operation of the previous instruments has been satisfactory.
In these circumstances 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 directions are covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).
Senate Committee concerns
The instrument provides for the operator to meet a standard for cabin attendant 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 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 the day after registration and is repealed at the end of 31 August 2019.
[Instrument number CASA 84/17]
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)
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 Jetstar Airways Pty Limited 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