CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019

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Legislation au F2019L01391 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019

Purpose

The purpose of CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019 (the instrument) is to enable Network Aviation Pty Ltd (Network Aviation) to carry at least 1 cabin attendant for each unit of 50 passengers or less, on a flight of an Airbus A320 series aircraft that has the certified maximum passenger seating capacity of 180 passengers or a flight of a Fokker F28 MK 0100 series aircraft that has the certified maximum passenger seating capacity of 109 passengers.

 

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 each unit of 50 or less passengers carried on a flight of an aircraft. 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 repeals CASA 81/18 — Number of Cabin Attendants (Network Aviation) Direction 2018.

 

Section 4 contains definitions for the purposes of the instrument, including defining relevant aircraft to mean:

(a) the Airbus A320 series aircraft that have the certified maximum passenger seating capacity of 180 passengers, and corresponding cabin configuration, mentioned in the type certificate data sheet for the aircraft; or

(b) the Fokker F28 MK 0100 series aircraft that have the certified maximum passenger seating capacity of 109 passengers, and corresponding cabin configuration, mentioned in the type certificate data sheet for the aircraft.

 

Section 5 states the instrument applies to Network Aviation in relation to its operation of the relevant aircraft in charter, or regular public transport, operations.

 

Subsection 6 (1) overrides the minimum cabin attendant-to-passenger ratio requirement stated in subparagraph 6.1 (b) of CAO 20.16.3.

 

Subsection 6 (2) directs Network Aviation to assign for duty at least 1 cabin attendant for each unit of 50 passengers or less carried on a flight of the relevant aircraft. The Fokker F28 MK 0100 series aircraft (that have a certified maximum passenger seating capacity of 109 passengers, but in practice operate with a maximum 100 passengers) can, therefore, operate with 2 cabin attendants.

 

Subsection 6 (3) directs Network Aviation to give written notice to CASA of any proposed revision of any part of Network Aviation’s operations manual that relates to emergency procedures for the relevant aircraft, including in relation to exits. Under subsection 6 (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.

 

Documents 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 Federal Aviation Administration of the United States of America (the FAA) has published the TCDS for the relevant aircraft. The document is freely available, and accessible via the Internet on the following webpage:

https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/0A93ACA996501D35862583670055A01B?OpenDocument.

 

Legislation Act 2003

The instrument is being registered as a legislative instrument 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 FAA and European Union Aviation Safety Agency of the European Union 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 each unit of 50 passengers or less for a flight of an 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 Network Aviation, and is similar to instruments issued to other operators that appear to be accepted by industry. In those 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 Regulation Impact Statement (RIS) is not required as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions issued by CASA (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 the day after it is registered, and is repealed at the earlier of the following:

(a) the commencement of Part 121 of CASR;

(b) the end of 30 September 2021.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019

 

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 Network Aviation Pty Ltd to operate a stated aircraft with 1 cabin attendant for each unit of 50 passengers or less.

 

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 CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019 was enacted to address a gap in the minimum cabin attendant-to-passenger ratio requirement, specifically for Network Aviation Pty Ltd operating certain aircraft. This direction, issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, allows Network Aviation to adhere to the internationally accepted ratio of one cabin attendant for every 50 passengers or less, rather than the previously stringent Australian requirement of one cabin attendant for every 36 or fewer passengers. The policy objective of this direction is to ensure the safety of air navigation while aligning with international standards, thereby enhancing operational flexibility and safety for the airline. The enactment of this direction was made necessary by the unique Australian requirement that was more stringent than international standards. CASA issued this direction following consultations with Network Aviation and industry stakeholders, ensuring that the transition to the new ratio would be acceptable and practicable. The direction is compatible with human rights as it does not engage any of the applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights. This legislative instrument is subject to tabling and disallowance in Parliament under the Legislation Act 2003 and is repealed upon the commencement of Part 121 of CASR or by the end of 30 September 2021, whichever occurs first.

Scope and Application

The CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019 applies specifically to Network Aviation Pty Ltd in relation to its operations of certain Airbus A320 series and Fokker F28 MK 0100 series aircraft engaged in charter or regular public transport operations. This direction is designed to ensure the safety of air navigation by overriding the more stringent Australian requirement of one cabin attendant for each unit of 36 or fewer passengers and instead permitting a ratio of one cabin attendant for each unit of 50 or fewer passengers. This is in line with international standards adopted in most other countries. The instrument also mandates that Network Aviation must notify CASA of any proposed revisions to their operations manual concerning emergency procedures for these aircraft at least 14 days prior to implementation. The direction is issued under the authority of the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority to issue such directions necessary for the safety of air navigation. The instrument is subject to tabling and disallowance in Parliament and has been determined to be compatible with human rights as it does not raise any human rights issues.

Key Provisions

The CASA 89/19 — Number of Cabin Attendants (Network Aviation Pty Ltd) Direction 2019 allows Network Aviation Pty Ltd to operate Airbus A320 series and Fokker F28 MK 0100 series aircraft with a cabin attendant for each unit of 50 passengers or less, which overrides the usual requirement of one cabin attendant for each unit of 36 or less passengers (sections 3, 4, 5 and 6(2)). This direction is issued under the authority of the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998, and it is applicable to Network Aviation's operations of these aircraft in charter or regular public transport (sections 1, 5). The direction also mandates Network Aviation to inform CASA of any revisions to their operations manual concerning emergency procedures for these aircraft, with a notice period of at least 14 days (section 6(3) and (4)). Network Aviation is required to assign at least one cabin attendant for each unit of 50 passengers or less on flights of the specified aircraft (section 6(2)). Additionally, Network Aviation must notify CASA of any proposed changes to their operations manual related to emergency procedures for these aircraft at least 14 days prior to implementation (section 6(3) and (4)). These obligations ensure that the airline maintains the necessary cabin crew levels to ensure safety during flights. Failure to comply with the direction constitutes an offence under the Civil Aviation Safety Regulations 1998, carrying a penalty of strict liability (sections 11.245, 11.250, 11.255, and 208). This means that an individual or the corporation itself can be held liable for non-compliance with the direction without the need to prove negligence or fault. The direction remains in effect until the commencement of Part 121 of the Civil Aviation Safety Regulations or until 30 September 2021, whichever comes first (section 2).

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Aviation Law
Instrument
Direction
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations
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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.