CASA 99/15 - Direction – number of cabin attendants – Jetstar Airways

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Legislation au F2015L00956 Not in force Legislative Instrument

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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 A321200 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

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation, with the Civil Aviation Act 1988 empowering the Governor-General to make regulations for this purpose. Regulation 208 of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required on aircraft to ensure safety. This regulatory framework has been in place for over 55 years, with recent updates reflecting international safety standards. In 2015, CASA issued an instrument (CASA 59/15) that allowed Jetstar Airways to operate Airbus A321-200 and A320-200 series aircraft with one cabin attendant for every 50 passenger seats, rather than the previously required ratio of one attendant per 36 passengers. This instrument, which was limited to regular public transport operations, has now been extended to include charter operations, reflecting CASA's confidence in Jetstar Airways' ability to maintain safety standards with reduced cabin crew numbers. The legislative instrument was made under the authority of the Legislative Instruments Act 2003 and is subject to parliamentary scrutiny and disallowance. The policy objective is to align Jetstar Airways' cabin crew requirements with international safety practices, ensuring both operational efficiency and passenger safety. CASA has determined that the proposed change poses no additional safety risks and that Jetstar Airways has adequately briefed passengers seated at emergency exit rows. This legislative instrument is compatible with human rights as it does not raise any human rights issues, as evidenced by the attached Statement of Compatibility with Human Rights prepared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Regulations 1988, as amended, govern the safety of air navigation in Australia and empower the Civil Aviation Safety Authority (CASA) to issue directions regarding operating crew on aircraft. Specifically, the Civil Aviation Order (CAO) 20.16.3 outlines the requirements for cabin attendants based on passenger numbers, with a requirement for one cabin attendant per 36 passengers for aircraft carrying between 37 and 216 passengers, and a higher number for aircraft carrying more than 216 passengers. CASA has issued a legislative instrument, CASA 99/15, which amends and extends a previous direction, CASA 59/15, to allow Jetstar Airways Pty Limited to operate Airbus A321-200 and A320-200 series aircraft with one cabin attendant for every 50 passenger seats in both regular public transport and charter operations. This change aligns with international safety standards and practices recognised by the European Aviation Safety Agency. The instrument is subject to tabling and disallowance in Parliament and is compatible with human rights, as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain a provision under section 98 that allows the Governor-General to make regulations for the Act and the safety of air navigation. Regulation 208 of the CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the operating crew required to be carried on an aircraft, considering the safety of air navigation (subsection 33(3) of the Acts Interpretation Act 1901). Specifically, subparagraphs 6.1(b) and (c) of Civil Aviation Order (CAO) 20.16.3, made under regulation 208 of CAR 1988, require that aircraft carrying more than 36 but 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 obligations imposed by the Civil Aviation Regulations 1988 on Jetstar Airways and CASA include ensuring that the safety of air navigation is maintained, as per the provisions outlined in the regulations. CASA must issue directions that specify the number of cabin attendants required on aircraft based on passenger capacity, and Jetstar Airways must comply with these directions. The obligations also include conducting risk assessments and ensuring that passengers seated at emergency exit rows are adequately briefed, as required by the direction. CASA must ensure that the evacuation of a full complement of passengers can be achieved within 90 seconds, as per the European Aviation Safety Agency (EASA) guidelines. The instrument CASA 99/15 imposes civil penalties for non-compliance with the direction regarding the number of cabin attendants. Specifically, Jetstar Airways must ensure that Airbus A321-200 and A320-200 series aircraft are operated with the correct number of cabin attendants as per the direction, or face penalties for non-compliance. The penalties for breaching the Civil Aviation Regulations 1988 may include fines, suspension or revocation of the operator’s licence, or other administrative actions taken by CASA. Failure to comply with the direction may also result in civil or criminal liability under other applicable laws. The maximum penalties for breaches of the Civil Aviation Regulations 1988 are set out in section 10 of the Civil Aviation Act 1988 and may include fines of up to $222,222 for individuals and $1,111,111 for corporations, as well as imprisonment for up to two years for serious offences.

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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.