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.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
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 55 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 59/15, 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 59/15 only applies to aircraft engaged in regular public transport operations.
Instrument
The instrument repeals and replaces CASA 59/15. The effect of the instrument is to extend the application of the direction to charter operations by the operator in the same types of aircraft.
CASA considers that the operator has addressed the risks associated with the proposed change to procedures arising from the reduction in the number of cabin attendants compared to those required by subparagraph 6.1 (b) of CAO 20.16.3. CASA also considers that the operator has increased the awareness and capability of passengers seated at emergency exit rows in a manner equivalent to, or better than, that achieved when the Airbus A321-200 or the A320-200 series satisfied the requirements of EASA. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the EASA guidelines for certification demonstrations.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, 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 LIA.
Consultation
This instrument replaces instrument number CASA 59/15, which is repealed by this instrument and would otherwise have been repealed at the end of May 2016. CASA consulted with the operator before issuing similar earlier instruments.
The instrument is beneficial to the operator as it allows it to operate Airbus A321-200 or A320-200 series aircraft with 1 cabin attendant for every 50 passenger seats or part of that number in charter, as well as regular public transport, operations.
The policy behind CASA 150/12, and subsequent similar instruments, has not changed since they were made and the operation of those instruments has been satisfactory. Consequently, CASA considers that no further consultation is necessary or appropriate.
The instrument is also similar to other instruments issued to other operators. In those instruments, the proposed change was also referred to the Office of Transport Security which has expressed no concerns.
Senate Regulations and Ordinances 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 the day of registration. It expires at the end of May 2016, as if it had been repealed by another instrument.
[Instrument number CASA 99/15]
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 (the operator), 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. In the absence of such an instrument, aircraft carrying more than 36 and not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that number, and aircraft carrying more than 216 passengers must carry the number of cabin attendants as prescribed by CASA.
The legislative instrument repeals instrument number CASA 59/15, which was a similar instrument, but which only applied to regular public transport operations.
The primary purpose of the legislative instrument is to extend the application of the direction in CASA 59/15 to charter, as well as regular public transport, operations. It will 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