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]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to regulate safety in civil aviation, ensuring the safety of air navigation as stipulated in the Civil Aviation Act 1988. These regulations, amended through various legislative instruments, aim to maintain an acceptable level of safety within the aviation sector. One such amendment, F2009L04601, addresses the specific requirement for Aerodrome Rescue and Fire Fighting Services (ARFFS) staff to attend CASA accredited training. This regulation was introduced to ensure that all operational ARFFS staff are adequately trained to handle technological changes and updated firefighting procedures, thereby maintaining the safety standards mandated by the Civil Aviation Safety Regulations 1998. The regulation was enacted by the Civil Aviation Safety Authority (CASA) and is subject to disallowance in the Parliament, reflecting the legislative oversight necessary to uphold safety standards in the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2009L04601, pertain to the aerodrome rescue and firefighting services provided by Airservices Australia (AA), an approved provider subject to the requirements of Part 139.H of the CASR 1998 and the Manual of Standards (MOS). This legislation applies specifically to AA and its ARFFS staff, ensuring adherence to safety regulations and standards. The exemption granted under this legislation allows AA to forego the requirement for all operational ARFFS staff to attend CASA accredited training at intervals not exceeding four years, provided AA develops and implements a training program that ensures ARFFS staff maintain the required competency levels, especially in light of technological changes in firefighting procedures. The exemption, however, must not compromise safety, and any conditions imposed by CASA must be strictly adhered to. This exemption is subject to the Legislative Instruments Act 2003, which mandates that such legislative instruments be tabled and potentially disallowed by Parliament. The exemption is effective from the day it is registered and ceases to have effect by the end of 31 January 2011.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) require all aerodrome rescue and firefighting services (ARFFS) staff to attend a CASA accredited training course at intervals not exceeding four years, as per paragraph 18.1.1.4 of the Manual of Standards (MOS). This is to ensure that staff are up-to-date with technological changes and firefighting procedures. However, under subregulation 11.160(1) of CASR 1998, CASA has the authority to grant exemptions from this requirement if it is deemed necessary for safety reasons. In this case, CASA has granted an exemption to Airservices Australia (AA) from the need to conduct the required training unless there is an identified need for it.
Airservices Australia, as the approved ARFFS provider, is obligated to develop a program that provides instructions on technological changes in firefighting procedures that may provide the appropriate levels of competency for ARFFS staff, as per the conditions of the exemption. This program should be implemented once AA has identified an appropriate program and CASA accredits it. Furthermore, AA must ensure that technological change training is provided in a timely manner to all operational ARFFS staff once the training program is identified and accredited by CASA.
Failure to comply with a condition of an exemption is an offence under regulation 11.210 of CASR 1998, which carries potential civil or criminal consequences. Additionally, under subregulation 11.230(1), an exemption will cease no later than two years after its commencement unless a specific end date is provided. The exemption is also a disallowable instrument under the Legislative Instruments Act 2003 and must be tabled and potentially disallowed in Parliament under sections 38 and 42 of the LIA. This instrument, identified as CASA EX109/09, commences on the day after it is registered and ceases to have effect on 31 January 2011.