Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — attendance of all operational ARFFS staff at CASA accredited training
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Part 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to the aerodrome rescue and firefighting services. Airservices Australia (AA) holds a certificate of approval issued by CASA under 139.711 to provide Aerodrome Rescue and Fire Fighting Services (ARFFS) at various aerodromes and is, therefore, an approved provider subject to the requirements of Part 139.H of CASR 1998 and the Manual of Standards (MOS). Under paragraph 18.1.1.4 of the MOS, all ARFFS staff must attend a CASA accredited ARFFS training course at intervals not exceeding four years for instruction on technological changes and to practice revised firefighting procedures.
Exemptions
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1) an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
CASA is of the view that conducting the required training only to meet the requirement has no impact on safety when no appropriate technical change has been identified. CASA has given AA an exemption from the requirement. Conditions have been placed on the exemption. AA as the approved ARFFS provider must make every effort to develop a program that provides instructions on technological changes in firefighting procedures that may provide the appropriate levels of competency for ARFFS staff. Technological change training that will be of benefit to all operational ARFFS staff will be provided in a timely manner once AA has identified an appropriate program and CASA accredits that program.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultations
Consultation under section 17 of the LIA has been undertaken. CASA consulted AA. No adverse comments were received.
The instrument commences on the day after it is registered and stops having effect at the end of 31 January 2011.
The exemption has been made by a delegate of CASA in accordance with subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX109/09]