Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — recency requirement for air traffic control endorsement
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 65.025 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the holder of an air traffic control (ATC) licence or a flight service licence satisfies the recency requirement in relation to an endorsement at a particular time, if he or she has performed the duties required by the relevant function at the aerodrome, or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
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
In 2012, Airservices Australia (AA) reviewed the recency requirement of regulation 65.025 of CASR 1998 and noted that AA staff in Sydney were unable to meet the recency requirement for the Precision Runway Monitoring (PRM) system since that system, depending on weather conditions, may not be operated for periods greater than 21 days. An instrument was subsequently issued (CASA EX118/12 refers) that exempted the holder of an ATC licence or a flight service licence from the requirements of subregulation 65.025 (1) of CASR 1998, subject to the condition that the holder of the ATC licence or flight service licence must perform 5 hours of duties within the previous 21 days.
The use of the PRMS was identified as risk mitigation in the 2002 PRM Safety Case in the case of controller recency training and emergency operations. The numbers of emergency breakouts that occur per year are estimated by AA to be less than an average of 2 per year, so the PRMS is integral to ATC training for this situation, using both runway directions for Runway 16 of Sydney Airport.
CASA EX118/12 expired at the end of July 2015. AA applied to CASA for the exemption to be extended for a further period.
Instrument
CASA EX118/15 is substantially similar to CASA EX118/12, except for new commencement and expiry dates and clarifying that the instrument only applies to air traffic controllers operating at Sydney Airport as well as limiting the exemption scope to only PRM endorsements. Holders of flight service licences are not permitted to conduct PRM activities. The exemption will recognise periods spent on the PRMS as satisfying the recency requirement of subregulation 65.025 (1) of CASR 1998. To ensure the safety of air navigation, conditions have been maintained. The holder of an ATC licence must perform at least 5 hours of duties within the previous 21 days. AA must advise CASA in writing of any proposed changes to the PRMS and CASA must approve any changes to the PRMS.
The instrument also repeals CASA EX118/12 which expired at the end of July 2015.
Legislative Instruments Act 2003 (the LIA)
An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. CASA EX118/15 applies to a class of persons, being holders of ATC licences. 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.
Consultation
The instrument has been issued at the request of AA to recognise that recency for the PRM system may not be possible given the infrequency with which it is used. Nonetheless, the instrument requires skills to be maintained by time spent in the PRMS. The instrument is of beneficial effect to holders of ATC licences working at Sydney Airport. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
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 1998.
The instrument commences on 1 August 2015 and expires at the end of July 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX118/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — recency requirement for air traffic control endorsement
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 holders of air traffic control licences to meet recency requirements for licence endorsements for time spent on the Precision Runway Monitoring Simulator (PRMS) as an alternative to time spent using the Precision Runway Monitoring system (which may be infrequently activated depending on weather conditions). The instrument is subject to conditions in the interests of aviation safety, including that the PRMS must not be changed without CASA’s approval.
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