Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Airservices Australia aerodrome rescue and fire fighting service (ARFFS)
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.
Under subregulation 139.845 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), people employed as fire fighters must already be trained to at least AFC Certificate 2 standard.
Under subregulation 139.845 (2), before being used in any operational capacity, people employed as fire fighters must receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.
Under subregulation 139.845 (3), people employed as fire fighters must receive appropriate training to familiarise them with local conditions.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998 or a Manual of Standards. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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.
This exemption issued to Airservices Australia (AA) and members of its aerodrome rescue and fire fighting service (ARFFS) exempts them from compliance with subregulations 139.845 (2) and (3), in respect of subparagraphs 18.1.1. 2 (e) and 20.1.3.13 (a), second occurring, of the Manual of Standards Part 139H, issued under regulation 139.712 of CASR 1998
AA holds a certificate of approval issued by CASA under regulation 139.711 of CASR 1998 to provide an ARFFS at various aerodromes and is subject to the requirements of the Manual of Standards Part 139H (the MOS).
Paragraph 12.1.2.3 of the MOS states that “ARFFS staff must hold a current/valid CASA Certificate of Competency (Licence) for their operating position”. Under paragraph 18.1.1.1 of the MOS, all operational fire-fighting staff must hold appropriate competencies. These competencies allow a person to carry out duties on a particular aerodrome. They include, see subparagraph 18.1.1.2 (e), “aerodrome licence”. This reference to “aerodrome licence” is to the Certificate of Competency that is referred to as a licence in paragraph 12.1.2.3.
Consistently with paragraphs 12.1.2.3 and 18.1.1.1, paragraph 18.1.1.5 states that all operational ARFFS staff must comply with CASA standards that require a current qualification and certificate of competency commensurate with “the functional role at a specific location”.
Under paragraph 20.1.3.13, recently qualified fire-fighting staff must satisfy certain local competency requirements before acceptance into operational service. Subparagraph 20.1.3.13 (a) (second occurring) lists a topography rating as a local requirement. A topography rating requires a detailed knowledge of the aerodrome, including such things as access roads, gates, and the nature of the land on which the aerodrome is located. As a local requirement, it is issued by the aerodrome ARFFS.
The exemption from subparagraph 18.1.1.2 (e) is to allow a person to carry out duties at a particular aerodrome without a local licence that would otherwise be needed for the aerodrome.
The exemption from subparagraph 20.1.3.13 (a) allows a person to perform duties without a full topography rating issued by the local ARFFS, that is to say, without a detailed knowledge of the lay-out of the aerodrome. A person to whom the exemption applies is required to hold all other competencies that are commensurate with the functional position to be occupied.
The issue of the exemption is subject to conditions in relation to a person who does not hold a topography rating. These conditions will regulate the way in which a person conducts his or her duties. The person must hold a limited topography rating issued by the local aerodrome ARFFS and, while responding to an incident, must be accompanied by the holder of a full topography rating which satisfies subparagraph 20.3.13 (a) (second occurring). The person must not, in any circumstance, be the driver of a fire vehicle during an emergency response.
A person who is subject to the exemption must also be employed only for emergency temporary relief to maintain the appropriate category level of service for the aerodrome.
The purpose of the exemption as a whole is to allow the appropriate category level of service for the aerodrome to be satisfied by maintaining required staff numbers of qualified people, although the 2 specified requirements of the MOS may not be satisfied.
Legislative Instruments Act
For paragraph 98 (5A) (a) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or Civil Aviation Orders. Under subsection 98 (5AA) of the Act, an instrument issued for paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Human rights implications
The instrument sets out an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Consultation
Consultation occurred between AA and CASA before the exemption was issued.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of 31 August 2015.
The exemption has been made a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX145/12]