CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026

Purpose

The instrument introduces exemptions for Australian air transport operators and aerial work operators in relation to requirements under Parts 119 and 138 of the Civil Aviation Safety Regulations 1998 (CASR). The relevant operators are those subject to various existing exemptions granted for the purpose of deferring requirements of the flight operations regulations (constituted of Parts 91, 119, 121, 133, 135 and 138 of CASR) (the flight operations regulations) in CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 (CASR EX73/24).

The instrument grants an exemption from the Part 119 requirement for an Australian air transport operator to provide training and assessment in human factors principles and non‑technical skills (HFNTS) to its operational safety-critical personnel in relation to those personnel who are not either a crew member for an Australian air transport operation or, otherwise, not employed under a contract of service with the operator (being personnel delivering services not as direct employees of the operator but under another kind of engagement). This exemption reflects a change in CASA policy that is intended to be given enduring effect by amending the regulations when the opportunity arises.

The instrument introduces the concept of an Australian air transport operator, or an aerial work operator, that is a micro-operator. Micro-operators receive the benefit of exemptions that will allow them to nominate the holder of another key personnel appointment (e.g. the chief executive officer or the head of flying operations for an Australian air transport operator regulated under Part 119 or the head of operations for an aerial work operator regulated under Part 138) to also be the organisation’s safety manager (SM). This exemption also is intended to be given enduring effect in the regulations when the opportunity arises.

Other exemptions introduced by the instrument allow for a temporary streamlined assessment and transition pathway to assist with the volume of assessments and applications required for the transition of certain operators to the requirement under the flight operations regulations for operators to have a safety management system (SMS). These exemptions allow for such an operator to nominate an SM without this change in key personnel being a significant change requiring CASA’s specific approval. The instrument exempts the operators from such requirements under Part 119, and Part 138 as relevant, in the case that:

• the operator proceeds with preparatory steps regarding developing an SMS and submitting documents required under section 8 or section 18 of the SMS exemption provisions in instrument CASA EX73/24
• the nomination and other documents are given to CASA by the end of 1 December 2026.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.

Exemptions

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations.

Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3), an exemption may be granted on application by a person or on CASA’s own initiative.

Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1) of CASR, the maximum duration of an exemption is 3 years.

Part 119 provisions

Regulation 119.080 provides for conditions on an Australian air transport Air Operator’s Certificate (AOC). Under paragraph 119.080(1)(f), the positions of chief executive officer and SM may only be occupied by the same person if there is an unforeseen circumstance and for no more than 7 consecutive days, with a longer period subject to approval by CASA under regulation 119.025. Under paragraph 119.080(1)(g), the positions of head of flying operations and SM may only be occupied by the same person in, firstly, an unforeseen circumstance for no more than 7 days or a longer period if approved by CASA under regulation 119.025 or, secondly, in other circumstances if approved by CASA under regulation 119.025.

Regulation 119.060 makes it a strict liability offence, with a maximum penalty of 50 penalty units, if an Australian air transport operator (an operator) contravenes a condition of the operator’s Australian air transport AOC.

Subregulation 119.090(1) of CASR makes it a strict liability offence, with a maximum penalty of 50 penalty units, if an operator makes a significant change (other than one mentioned in subregulation 119.090(2)) to the operator’s exposition and CASA has not approved the change. The term significant change is defined in regulation 119.020. Under subparagraph (a)(ii) of the definition, a change in relation to the operator’s key personnel is a significant change.

Under regulation 119.175, an operator must have a program for training and assessing operational safety-critical personnel in HFNTS. The term operational safety-critical personnel is defined in the CASR Dictionary.

Under regulation 119.180, a person who is a member of the operator’s personnel and is a flight crew member, cabin crew member, air crew member, medical transport specialist or flight dispatcher, must not carry out a duty of the person’s position if the person has not met the requirements in the operator’s exposition about training in HFNTS.

Under regulation 119.185, persons who are members of the operator’s personnel and are operational safety-critical personnel, other than the operational safety-critical personnel mentioned in subregulation 119.080(2), must meet the requirements in the operator’s exposition about training in HFNTS within 3 months of being appointed to their position, and must not perform a duty of the person’s position if the person has not met requirements in the operator’s exposition about training in HFNTS in relation to the position.

Regulations 119.180 and 119.185 contain offences of strict liability (with a maximum penalty of 50 penalty units) that apply to the operator.

Part 138 provisions

Regulation 138.050 provides for conditions of an aerial work certificate issued to an aerial work operator. Under subparagraph 138.050(1)(g)(i), the positions of chief executive officer and SM may only be occupied by the same person if there is an unforeseen circumstance and for no more than 7 consecutive days, with a longer period subject to approval by CASA under regulation 138.025. Similarly, under subparagraph 138.050(1)(g)(ii), the positions of head of operations and SM may be occupied by the same person only if there is an unforeseen circumstance and for no more than 7 consecutive days, with a longer period subject to approval by CASA under regulation 138.025.

Regulation 138.055 makes it a strict liability offence, with a maximum penalty of 50 penalty units, if an aerial work operator (an operator) contravenes a condition of the operator’s aerial work certificate.

Subregulation 138.062(1) makes it a strict liability offence, with a maximum penalty of 50 penalty units, if an operator makes a significant change (other than one mentioned in subregulation 138.062(2) or (3)) to the operator’s exposition and CASA has not approved the change. The term significant change is defined in regulation 138.012. Under subparagraph (a)(ii) of the definition, a change to the operator’s key personnel is a significant change.

Incorporation of documents

Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Acts Interpretation Act 1901 (the AIA)

Under subsection 33(3) of the AIA, 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. Under subsection 13(1) of the LA, subsection 33(3) applies to legislative instruments as if each provision of the instrument were a section of an Act.

Background

In 2021, CASA decided to ease the burden of the flight operations regulations on existing charter and aerial work AOC holders by enabling such operators, subject to conditions, to not comply with certain requirements. This was mostly done with general exemptions contained (currently) in instrument CASA EX73/24. Relevantly, for this instrument, these included exemptions from implementing an SMS and having an accompanying SM and exemptions for Australian air transport operators from implementing HFNTS training and assessment programs.

Since late 2023, CASA has embarked on a program of transitioning relevant operators to compliance with the various rules. CASA intends that the remaining exemptions, dealing with rules concerning SMS, SM, flight data analysis programs (FDAP) and HFNTS will be brought to an end during 2026. As part of implementing these final deferred provisions, CASA reviewed the requirements and determined certain enduring changes to the regulations are needed that will initially be done via exemptions, and later by regulation amendment. These include the exemptions to do with permitting an operator not to give training in HFNTS for certain personnel and permitting, in certain circumstances, the chief executive officer, head of flying operations or head of operations to also hold the position of SM.

CASA also determined short-term temporary changes to the requirements of the regulations to facilitate the efficient administration of transition to the new rules as mentioned above.

Overview of instrument

The instrument exempts Australian air transport operators or aerial work operators who are required to have an SMS under the regulations, and fit the description of “micro-operator”, from requirements in relation to ensuring a person nominated and appointed to be the SM does not also occupy certain other key personnel positions, such as chief executive officer, head of flying operations (under Part 119), or head of operations (under Part 138). This would have the effect of lifting the economic and cost burden on small operators (who have a staff of not more than 10 operational safety-critical personnel) of hiring an SM. CASA has assessed that, although the ideal circumstance for an SMS is to have an independent SM, the scale of safety reduction for such small operators was not significant enough to warrant the economic and cost impact on these businesses.

The instrument exempts Australian air transport operators from the requirement to provide training in HFNTS to members of its operational safety-critical personnel who are not crew members for Australian air transport operations conducted by the operator, and are not persons employed under a contract of service. This would exclude, for example, subcontractors who perform ground support duties for the operator. This exemption complements other exemptions from provisions in Parts 121, 133 or 135 which relate to ground support personnel and impose conditions that CASA has assessed as providing appropriate safeguards for aviation safety. CASA considers that the persons described as not direct employees are the same user group as the exemptions relating to ground support personnel and is satisfied that no further conditions are necessary to address the impact on aviation safety.

Lastly, the instrument allows for a streamlined assessment process to enable CASA to transition a cohort of what has been estimated as 400-450 operators to the SMS requirements in the flight operations regulations. The instrument includes exemptions from the requirement to obtain CASA approval to add an SM to the operator’s key personnel. A change in key personnel is a significant change in relation to the operator’s exposition, that requires CASA approval under the regulations. CASA has assessed the impact on aviation safety of the resulting reduction in internal oversight and is satisfied that it can manage the risk administratively using transition-specific processes that it has developed to streamline assessment of SMs and the assessment of documentation.

In accordance with subsection 33(3) of the AIA, the instrument amends CASA EX68/24 – Part 119 of CASR – Supplementary Exemptions and Directions Instrument 2024 (CASA EX68/24) and CASA EX72/24 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024 (CASA EX72/24) to include further exemption provisions in those instruments.

Documents incorporated by reference

In accordance with paragraph 15J(2)(c) of the LA, the instrument incorporates Parts 2 and 4 of instrument CASA EX73/24 as it is in force from time to time. Parts 2 and 4 of the instrument contain exemptions from requirements in the flight operations regulations to have an SMS. The instrument is a legislative instrument and freely available on the Federal Register of Legislation.

Content of instrument

Section 1

Section 1 provides that the name of the instrument is CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026.

Section 2

Section 2 provides that the instrument commences at the time that it is registered.

Section 3

Subsection 3(1) provides that CASA EX68/24 is amended as set out in the applicable items in Schedule 1.

Subsection 3(2) provides that CASA EX72/24 is amended as set out in the applicable items in Schedule 2.

Schedule 1

Item [1] inserts a definition of micro-operator into section 3 of CASA EX68/24 for the purpose of new section 7AC inserted by item [2]. A micro-operator is an Australian air transport operator who has no more than 10 operational safety-critical personnel (a term defined in the CASR Dictionary) who are reasonably likely to perform duties assigned by the operator at least 2 times every 90 days, or are available to perform such a duty. Paragraph (b) of the definition carves out of this definition the operators who are required to have a flight data analysis program under regulation 119.195 of CASR.

Item [2] inserts new section 7AC which exempts an Australian air transport operator who is a micro-operator from compliance with paragraphs 119.080(1)(f) and (g), and regulation 119.060, of CASR. Under those provisions, it is condition on an AOC that, (except for prescribed and limited purposes) an operator must have an SM who is not also occupying a position of chief executive officer or head of flying operations. CASA intends that the change indicated by this exemption be an enduring change that is implemented in the regulations when the opportunity arises.

Item [2] further inserts new section 7AD. The exemption in subsection 7AD(3) applies to an Australian air transport operator who is subject to the exemption in Part 2 of CASA EX73/24. Part 2 of CASA EX73/24 applies to Australian air transport operators who, immediately before 2 December 2021, held an AOC that authorised charter operations or aerial work (ambulance) operations and did not authorise regular public transport operations or Part 142 activities in the aircraft. Under section 6 of CASA EX73/24, those operators are exempted from provisions requiring the operator to have an SMS (and an SM). Section 7 of CASA EX73/24 makes it a condition on the exemptions that the operator must identify safety risks and implement corrective safety controls. Section 8 directs the operator to take preparatory steps to develop an SMS required under Part 119 of CASR, including by submitting proposed SMS exposition content to CASA. Under section 9 of CASA EX73/24, the exemptions will expire at a date specified in writing by CASA. The instrument CASA EX73/24 repeals at the end of 1 December 2027.

Subsection 7AD(3) of CASA EX68/24 grants an exemption from the requirements in subregulations 119.090(1) and (2) that, before an operator can make a significant change, which is the appointment of an SM, the operator must make application to CASA and CASA must have approved the change. The concept significant change is defined in regulation 119.020. This exemption will only apply if the operator takes the preparatory steps mentioned in section 8 of CASA EX73/24 to submit its proposed SMS exposition content and related documents, and nominate an SM, before the end of 1 December 2026.

An application after that date would not attract the exemption, and the nomination of the SM would be a significant change needing approval from CASA.

The exemption assists CASA to streamline its assessment processes during 2026 to transition micro-operators to the SMS requirements.

Item [3] inserts new section 15A, subsection 15A(2) of which exempts the Australian air transport operator from the requirement to provide training in HFNTS to its operational safety-critical personnel (required by regulation 119.175 of CASR). The exemption excludes from the requirement such personnel of the operator who are not either crew members or persons employed under a contract of service (being direct employees as opposed to persons providing services under another kind of engagement).

Paragraph 15A(3)(a) exempts the operator from compliance with regulation 119.180, which makes it an offence on the operator if a person listed in subregulation 119.180(2) carries out duties of the person’s position and does not meet requirements in the operator’s exposition about training in HFNTS.

Paragraph 15A(3)(b) exempts the operator from compliance with regulation 119.185, which contains provisions requiring the other members of the operator’s personnel to meet requirements in the operator’s exposition about training in HFNTS. Contravention of these provisions is an offence by the operator.

The exemptions only apply in respect of the excluded personnel.

There is a note below section 15A that draws the connection between the concept of excluded personnel and exemptions in other CASA instruments that relate to personnel of Australian air transport operators who carry out ground support duties and are not direct employees of the operator. Those exemptions make it a condition on the operator to be satisfied that the persons are capable of carrying out, and are willing to carry out, a ground support duty in a manner that maintains aviation safety, or that such persons are supervised by a direct employee of the operator who meets certain prescribed requirements about competence.

Schedule 2

Item [4] inserts a definition of micro-operator into section 3 of CASA EX72/24, for the purpose of new section 9AA inserted by item [6]. A micro-operator is an aerial work operator who has no more than 10 operational safety-critical personnel (a term defined in the CASR Dictionary) who are reasonably likely to perform duties assigned by the operator at least 2 times every 90 days, or are available to perform such a duty.

Item [5] inserts new section 5A. The exemption in subsection 5A(3) applies to an aerial work operator who is subject to the exemptions in Part 4 of CASA EX73/24. Part 4 of CASA EX73/24 applies to aerial work operators who are required to have an SMS and, immediately before 2 December 2021, held, or were an applicant for, an AOC, that authorised aerial work operations (other than aerial work (ambulance) operations) and did not authorise regular public transport operations or Part 142 activities in the aircraft. Under section 16 of CASA EX73/24, those operators are exempted from provisions requiring the operator to have an SMS (and an SM). Section 17 of CASA EX73/24 makes it a condition on the exemptions that the operator must identify safety risks and implement corrective safety controls. Section 18 directs the operator to take preparatory steps to develop an SMS required under Part 138 of CASR, including by submitting proposed SMS manual content to CASA. Under section 19 of CASA EX73/24, the exemptions will expire at a date specified in writing by CASA. The instrument CASA EX73/24 repeals at the end of 1 December 2027.

Subsection 5A(3) of CASA EX72/24 grants an exemption from the requirements in subregulations 138.062(1) and (5) of CASR that, before an operator can make a significant change, which is the appointment of an SM, the operator must make application to CASA and CASA must have approved the change. The concept significant change is defined in regulation 138.012. This exemption will only apply if the operator takes the preparatory steps mentioned in section 18 of CASA EX73/24 to submit its proposed SMS manual content and related documents, and nominate an SM, before the end of 1 December 2026.

An application after that date would not attract the exemption, and the nomination of the SM would be a significant change needing approval from CASA.

The exemption assists CASA to streamline its assessment processes during 2026 to transition operators to the SMS requirements.

Item [6] inserts new section 9AA which exempts an aerial work operator who is a micro‑operator from compliance with subparagraphs 138.050(1)(g)(i) and (ii), and regulation 138.055, of CASR. Under those provisions, it is a condition on an aerial work certificate that (except for prescribed and limited purposes) an operator must have an SM who is not also occupying a position of chief executive officer or head of operations. CASA intends that the change indicated by this exemption be an enduring change that is implemented in the regulations when the opportunity arises.

Legislation Act 2003

Paragraph 10(1)(d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument. This instrument amends instruments CASA EX68/24 and CASA EX72/24 and is, therefore, also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

The instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary in order to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators, both domestic and international.

In this case, the instrument amends 2 principal exemption instruments and is almost immediately spent and repealed in accordance with the automatic repeal provisions in section 48A of the LA. The principal exemption instruments are each repealed at the end of 1 December 2027. Thus, in practice, no sunsetting avoidance issues arise and there is no impact on parliamentary oversight.

Consultation

CASA conducted consultation sessions with a representative group of Australian air transport and aerial work operators in late 2025 and early 2026, as well as the Aviation Safety Advisory Panel, which includes representatives of the aviation community and CASA. The consultations all supported the proposed rule modifications occurring under the exemptions.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument; and

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements; and

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government; and

(d) a valuation of the impact the different requirements would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly; and

(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow‑on effects to other aviation businesses, or local non-aviation businesses that experience a change in their activity due to the instrument.

The instrument will relieve operators holding Australian air transport AOCs under Part 119 of CASR, or aerial work certificates under Part 138 of CASR, who are subject to the exemptions in Part 2 or Part 4 of CASA EX73/24 from certain existing Part 119 or Part 138 requirements relating to whether an individual can fill the SM key personnel position simultaneously with certain other key personnel positions and, for Australian air transport air operator’s certificate holders, certain existing Part 119 requirements relating to the training and assessment of HFNTS.

CASA has, therefore, assessed there are economic and cost benefits, rather than impacts, of this instrument. As there is no significant economic or cost impact on individuals or businesses, and CASA has assessed that the safety of air navigation will be maintained at an acceptable level, there will be no community impacts.

Impact on categories of operations

The exemptions relating to the requirement to have an SMS and an SM will have an impact on small Australian air transport operators and small aerial work operators.

The exemptions relating to providing training for HFNTS will have an impact on all Australian air transport operators.

The instrument is likely to have a beneficial effect as it will lower the economic and cost impact on operators who would be otherwise subject to requirements to hire a person as an SM, make applications to CASA for the nomination of an SM, or provide training in HFNTS to subcontracted personnel who are not crew members. CASA also considers that the provisions relating to HFNTS training and assessment clarify the regulatory requirements in relation to the perceived scope of the requirement.

Impact on regional and remote communities

CASA does not consider that the instrument will have an impact on any particular regional or remote community.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act.

The instrument commences at the time that it is registered and is automatically repealed in accordance with section 48A of the LA.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX17/26 – Flight Operations (Exemptions – Key Personnel & Other Measures) Amendment (EX68/24 and EX72/24) Instrument 2026

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 instrument introduces exemptions for Australian air transport operators and aerial work operators in relation to requirements under Parts 119 and 138 of the Civil Aviation Safety Regulations 1998 (CASR). The relevant operators are those subject to various existing exemptions granted for the purpose of deferring requirements of the flight operations regulations (constituted of Parts 91, 119, 121, 133, 135 and 138 of CASR) (the flight operations regulations) in CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 (CASR EX73/24).

The instrument grants an exemption from the Part 119 requirement for an Australian air transport operator to provide training and assessment in human factors principles and non‑technical skills (HFNTS) to its operational safety-critical personnel in relation to those personnel who are not either crew members for an Australian air transport operation or, otherwise, are not employed under a contract of service with the operator (being personnel delivering services not as direct employees of the operator but under another kind of engagement). This exemption reflects a change in CASA policy that is intended to be given enduring effect by amending the regulations when the opportunity arises.

The instrument introduces the concept of an Australian air transport operator, or an aerial work operator, that is a micro-operator. Micro-operators receive the benefit of exemptions that will allow them to nominate the holder of another key personnel appointment (e.g. the chief executive officer or the head of flying operations for an Australian air transport operator regulated under Part 119, or the head of operations for an aerial work operator regulated under Part 138) to also be the organisation’s safety manager (SM). This exemption also is intended to be given enduring effect in the regulations when the opportunity arises.

Other exemptions introduced by the instrument allow for a temporary streamlined assessment and transition pathway to assist with the volume of assessments and applications required for the transition of certain operators to the requirement under the flight operations regulations for operators to have a safety management system (SMS). These exemptions allow for such an operator to nominate an SM without this change in the operator’s key personnel being a significant change requiring CASA’s specific approval. The instrument exempts the operators from such requirement under Part 119 and 138 as relevant, in the case that:

• the operator proceeds with preparatory steps regarding developing an SMS and submitting documents required under section 8 or section 18 of the SMS exemption provisions in instrument CASA EX73/24.
• the nomination and other documents are given to CASA by the end of 1 December 2026.

The legislative instrument engages with the following human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011:

        the right to life under Article 6 of the International Covenant on Civil and Political Rights

        the right to work under Article 6 of the ICESCR.

The purpose of the exemptions relating to the requirement to have an SMS and to appoint an SM, is to encourage the transition of operators, who have taken the benefit of exemptions under instrument CASA EX73/24 to defer implementation dates over specified periods of time, for establishing an SMS and appointing an SM. The exemptions relating to CASA’s plan for providing a streamlined assessment process will encourage the transition to operations conducted with an SMS and SM. To the extent that the exemptions encourage transition to operations conducted with an SMS, the legislative instrument may reasonably be said to support the right to life and the right to safe and healthy working conditions.

The exemptions in the instrument permit the continuation of operations that might otherwise have ended through failure to comply with the relevant provisions of the flight operations regulations.

To the extent that the exemption relieves some operators of immediate additional overhead costs, for example, by allowing an existing member of the key personnel of smaller operators to be an SM or reducing the number of personnel to whom an Australian air transport operator must provide HFNTS training and assessment, this legislative instrument may improve the viability of the operator and, in doing so, promote the right to work. Reduced costs in not having to meet the obligations as stated in CASR may have an effect on preserving operations and employment. These changes produce not immaterial cost savings that may contribute to the preservation of employment. The instrument assists in the continuation of operations that, before 2 December 2021, were considered to be safe but that may otherwise have been prevented, or whose continuation would have involved increased overhead costs.

Existing legislative instruments provide conditions that preserve an acceptable level of safety in relation to persons carrying out ground support duties, in section 14A of instrument CASA EX69/24 – Part 121 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024, section 9A of instrument CASA EX70/24 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024 and section 9A of instrument CASA EX71/24 – Part 135, Subpart 121.Z and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2024. As these personnel are largely expected to be the same user group as the personnel who will not receive training and assessment in HFNTS under exemptions in the instrument, the legislative instrument does not interfere with existing standards of safety.

Conclusion

The exemptions in this legislative instrument are 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.

This legislative instrument grants exemptions which themselves have indirect effects on the right to life and the right to work and promote the right to safe and healthy working conditions on board relevant aircraft and for ground staff, insofar as the provisions promote and protect those rights through ensuring the continuing safety of relevant operations on board relevant aircraft and for ground staff.

This legislative instrument is compatible with human rights and to the extent that it may engage certain rights it does so in a way that promotes the right to life, the right to work, and safe and healthy working conditions of operator personnel conducting air transport operations or aerial work operations. These measures are considered to be reasonable and proportionate in the interests of aviation safety.

Civil Aviation Safety Authority