Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — ARFFS PST Diploma
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.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Regulation 139.711 of CASR 1998 provides that a person must not provide an aerodrome rescue and firefighting service (ARFFS) at an aerodrome unless the person is approved by CASA. Airservices Australia (AA) holds a certificate of approval issued by CASA to provide ARFFS at various aerodromes.
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.
This instrument exempts AA from specified provisions relating to the requirement to ensure that all shift supervisors on a staff of operational fire fighters hold a Public Safety Training (PST) Diploma.
Under paragraph 18.1.1.10 of the Manual of Standards Part 139H, all shift supervisors on a staff of operational fire fighters must hold a PST Diploma. AA has requested an exemption from this requirement. The exemption will apply only at AA stations where there are 2 shift supervisors. In these stations, only 1 of the shift supervisors is required to have a PST Diploma.
Legislative Instruments Act
Subregulation 11.160 (1) of CASR 1998 provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. 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. The instrument applies to a class of persons. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). 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
Consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument comes into effect on the day after registration. It stops having effect at the end of 30 June 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX136/12]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive safety regulations for civil aviation within Australia, addressing gaps in ensuring the safety of air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulatory requirements, provided that the exemption does not compromise the paramount objective of maintaining an acceptable level of aviation safety. This was established under subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act in the interest of air navigation safety. In this context, CASA has the authority to grant exemptions from CASR 1998 provisions, such as those requiring specific qualifications for aerodrome rescue and firefighting service (ARFFS) personnel, while ensuring that safety standards are not compromised. This legislative framework ensures that safety remains the top priority in any exemption granted, reflecting a policy objective to balance regulatory flexibility with the critical need for aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, apply to all entities and persons involved in civil aviation activities in Australia, including aerodrome rescue and firefighting services (ARFFS). Specifically, this legislative instrument addresses an exemption granted to Airservices Australia (AA) by the Civil Aviation Safety Authority (CASA) under subregulation 11.160 of the CASR 1998. This exemption pertains to the requirement for all shift supervisors on an operational firefighting staff to hold a Public Safety Training (PST) Diploma, a stipulation found in paragraph 18.1.1.10 of the Manual of Standards Part 139H. The exemption applies only to AA stations with two shift supervisors, where only one of these supervisors is required to possess the PST Diploma. The exemption is contingent upon the preservation of an acceptable level of safety, as stipulated in subregulation 11.170(3) of the CASR 1998, and may be subject to conditions imposed by CASA under subregulation 11.205 to ensure continued safety. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. This instrument is effective from the day after registration and ceases to have effect on 30 June 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and under subregulation 11.160(1) of these regulations, the Civil Aviation Safety Authority (CASA) may grant exemptions from certain provisions. This exemption, specifically detailed in the Explanatory Statement, pertains to Airservices Australia (AA), which has been granted an exemption from the requirement that all shift supervisors on a staff of operational firefighters hold a Public Safety Training (PST) Diploma (Regulation 139.711 of CASR 1998). The exemption applies only at AA stations where there are two shift supervisors, allowing one of them to not hold a PST Diploma (paragraph 18.1.1.10 of the Manual of Standards Part 139H).
This exemption imposes specific obligations on Airservices Australia. While it exempts them from the requirement that all shift supervisors hold a PST Diploma, it also mandates that the exemption be granted only under stringent safety conditions. CASA must ensure that the exemption does not compromise the acceptable level of safety for air navigation (subregulation 11.160(1) and subregulation 11.205(1) of CASR 1998). Therefore, AA must maintain a rigorous standard of safety and operational efficiency in its aerodrome rescue and firefighting services, even with the exemption in place. CASA may also impose any necessary conditions to maintain this safety level, ensuring that the exemption does not lead to a decrease in the overall safety standards.
Failure to comply with the conditions set by CASA, or any other provisions of the Civil Aviation Safety Regulations 1998, could result in significant consequences. Under the Legislative Instruments Act 2003 (LIA), any breach of the regulations could lead to civil or criminal penalties, although the specific penalties are not detailed in the Explanatory Statement. Additionally, the exemption is subject to parliamentary disallowance under sections 38 and 42 of the LIA, meaning that if the Parliament finds the exemption unacceptable, it has the power to nullify it. This oversight ensures that the exemption remains within the bounds of legislative intent and safety requirements.