CASA EX24/26 — Part 65 Competency Standards for Air Traffic Controllers and On-the-Job Training Instructors (Airservices Australia) Exemption 2026 - Legislation

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX24/26 — Part 65 Competency Standards for Air Traffic Controllers and On-the-Job Training Instructors (Airservices Australia) Exemption 2026

Purpose

Airservices Australia (AA) has prepared new competency standards for air traffic controllers and on-the-job training instructors that are adapted from, and were developed in accordance with, the competency models specified for such persons by the International Civil Aviation Organisation (ICAO) in the ICAO Procedures for Air Navigation Services – Training (PANS-TRG, Doc 9868) (the ICAO competency frameworks).

AA would like to implement the ICAO competency frameworks, and the standards it has adapted from that model, but Parts 65 and 143 of the Civil Aviation Safety Regulations 1998 (CASR) require the training of air traffic controllers, on-the-job training instructors and other air traffic service personnel, and the assessment of their competency to hold a relevant licence or qualification, to comply with the competency standards set out in the Part 65 Manual of Standards (the Part 65 MOS).

The standards in the ICAO competency frameworks, and the standards that AA adapted from those frameworks, differ from, and are not compatible with, the competency standards specified in the Part 65 MOS. This prevents AA from implementing its plan.

The purpose of CASA EX24/26 — Part 65 Competency Standards for Air Traffic Controllers and On-the-Job Training Instructors (Airservices Australia) Exemption 2026 (the instrument) is to enable AA to implement its adapted competency standards by granting the following exemptions:

(a) AA, and any of its employees who apply for an air traffic controller (ATC) licence, rating or endorsement, are exempted from compliance with those provisions of Parts 65 and 143 of CASR that require compliance with the standards and requirements about air traffic controllers specified in Chapter 5 of the Part 65 MOS, but only if AA and any employee who makes such an application instead complies with the adapted standards that AA provided to the Civil Aviation Safety Authority (CASA) (defined in the instrument as the adapted air traffic controller competency standards); and

(b) AA is exempt from compliance with those provisions of Parts 65 and 143 of CASR that require compliance with the standards and requirements about on-the-job training instructors specified in section 3.1.12 of the Part 65 MOS, but only if AA instead complies with the adapted standards that AA provided to CASA (defined as the adapted on-the-job training instructor competency standards).

The instrument is intended as an interim measure. The competency standards currently specified in the Part 65 MOS were developed over 25 years ago and CASA anticipates amending the Part 65 MOS to introduce competency standards that incorporate the ICAO competency frameworks. When that happens, the specific exemptions in the instrument will no longer be necessary. In any case, the instrument will expire on 31 March 2029.

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.

Power to grant 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, CASA may grant an exemption from compliance with a provision of CASR.

Under subregulation 11.160(2) of CASR, 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) of CASR, 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 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, 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), the maximum duration of an exemption is 3 years.

Provisions of CASR that are the subject of the exemptions

Part 65 of CASR establishes the regulatory requirements for air traffic service personnel licensing.

Regulation 65.015 of CASR provides that, for Part 65, a person has successfully completed training for a licence, rating, endorsement or qualification only if the person has passed (to the standard required by the Part 65 MOS) any examination required by that MOS and only if the person has successfully completed (to the standard required by that MOS) any practical performance assessment so required.

Subregulation 65.035(1) of CASR provides that a person may carry out an air traffic control function if the person:

holds an ATC licence with a rating for the function and an endorsement for the place where, or the airspace in relation to which, he or she carries it out; and
satisfies the recency and currency requirements in relation to the endorsement and the currency requirements in relation to the rating; and
holds a Class 3 medical certificate.

Regulation 65.033 empowers CASA to issue a Manual of Standards for Part 65 to, among other things, provide for the requirements and standards for training, tests and examinations for air traffic service (ATS) authorisations. CASA issued the Part 65 MOS in accordance with that power.

Various provisions of Parts 65 and 143 of CASR refer to actions being carried out in accordance with the standards and requirements set out in the Part 65 MOS, including regulations 65.015, 65.030, 65.070, 65.080, 65.085, 65.090, 65.095, 65.100, 65.105, 143.055, 143.060, 143.065 and 143.070.

The obligations created by those provisions are described in more detail in the description of the contents of the instrument below.

Competency standards in Part 65 MOS

The provisions of the Part 65 MOS that refer to competency standards and that are relevant to the exemptions in the instrument are:

Paragraph 3.1.11.3(d), which requires applicants for an on-the-job training instructor qualification to demonstrate competence with the on-the-job training instructor competency standards in section 3.1.12 of the MOS
Section 3.1.12, which specifies the competency standards and knowledge objectives applicable to a person applying to become an on-the-job training instructor
Paragraph 4.1.3.1, which requires an applicant for an ATC licence to have successfully completed theory and practical training based on competency standards for an ATC licence specified in Chapter 5 of the MOS.

Documents incorporated by reference

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.

Background

The competency standards currently specified in the Part 65 MOS were developed over 25 years ago. Part 65 of CASR and the Part 65 MOS came into effect in May 2003 and the air traffic controller competency standards in the current version of that manual of standards remain unchanged from the standards originally introduced in 2003.

In 2016, ICAO introduced more contemporary competency standards for air traffic controllers within the ICAO Procedures for Air Navigation Services – Training (PANS-TRG, Doc 9868) (the ICAO PANS-TRG). In 2020, those standards were updated and competency standards for on-the-job training instructors were added. These standards were introduced after development by an expert group and direct consultation with all ICAO States, including Australia. Relevantly, the European Union has adopted the ICAO competency frameworks and requires all States in the European Union to fully implement the frameworks by 2029.

AA would like to implement the ICAO competency frameworks, but the Part 65 MOS provides no flexibility for using competency standards other than the legacy competency standards specified in the Part 65 MOS.

Also, the competency standards specified in the Part 65 MOS were established to aid the final assessment of a student for award of an ATC licence and were not designed to support an end-to-end training process, which the ICAO competency frameworks support. Consequently, AA has had to employ a hybrid arrangement of skill, knowledge and competency standards to enable the end-to-end training process.

Overview of instrument

Part 1 of the instrument deals with preliminary matters, including the definition of terms.

Part 2 exempts AA and certain employees of AA from compliance with specified provisions of Parts 65 and 143 of CASR, but only to the extent that the program or training plan that is required to be established, or the training that is required to be successfully completed:

does not accord with the requirements set out in Chapter 5 of the Part 65 MOS; and
does accord with the requirements set out in the adapted air traffic controller competency standards.

Part 3 exempts AA from compliance with specified provisions of Parts 65 and 143 of CASR, but only to the extent that the program or training plan that is required to be established, or the training that is required to be successfully completed:

does not accord with the requirements set out in section 3.1.12 of the Part 65 MOS; and
does accord with the requirements set out in the adapted on-the-job training instructor competency standards.

Part 4 provides for the repeal of the instrument.

Documents incorporated by reference

Adapted competency standards are incorporated by reference

The adapted air traffic controller competency standards and the adapted on-the-job training instructor competency standards are incorporated by reference into the legislative instrument.

AA is responsible for both documents.

In each case they are defined as the group of competencies for air traffic controllers or on‑the-job training instructors, with their associated description and performance criteria adapted from the relevant ICAO competency framework, specified in the ICAO PANS‑TRG, in accordance with the procedures for developing competency-based training and assessment for a given role specified in that document.

Each definition refers to the adapted competency standards as being those provided on 26 March 2026.

That means that the documents are incorporated as in force on the specified date, 26 March 2026.

Notes under the definitions of the terms adapted air traffic controller competency standards and adapted on-the-job training instructor competency standards make it clear that the definitions of those terms refer to the version of each document provided to CASA on 26 March 2026. If AA makes any changes to those documents, the exemptions in Parts 2 and 3, which all effectively refer to those specific documents, will cease to operate.

The documents are available to AA and to employees of AA, the only persons to whom the instrument applies, but may not generally otherwise be publicly available. However, where practicable, by prior arrangement with CASA, copies of those documents can be made available for viewing free of charge at any office of CASA.

ICAO PANS-TRG is referred to but is not incorporated by reference

The instrument also refers to the ICAO PANS‑TRG, which specifies the ICAO competency frameworks. That document is not incorporated in the instrument, but is helpful in understanding how the ICAO competency frameworks differ from the Part 65 MOS and thus the purpose for which the instrument is being made.

The ICAO PANS‑TRG is publicly available but subject to copyright that belongs to ICAO. It is made available by ICAO for a fee. This cost is not considered to be unreasonably onerous for AA, the Commonwealth Government agency to whom it is most relevant, but it does involve a modest impost for others, although academic and other researchers may obtain free access through university library subscriptions.

CASA has no effective control over these costs and it is considered extremely unlikely that ICAO, as the relevant owner of the intellectual property in the document, would sell CASA the copyright at a price that would be an effective and efficient use of CASA’s appropriated funds, or would otherwise permit CASA to make the document freely available. However, where practicable, by prior arrangement with CASA, a copy of the document can be made available for viewing free of charge at any office of CASA.

Content of instrument

Part 1 — Preliminary

Section 1 specifies the name of the instrument.

Section 1A provides that the instrument commences on the day after it is registered.

Section 2 provides that the instrument applies to AA in its capacity as an ATS provider and an ATS training provider and to an employee of AA who applies for the grant of an ATC licence, rating or endorsement.

Section 3 defines terms used in the instrument. Key terms include the following:

adapted air traffic controller competency standards is defined to mean the group of competencies for air traffic controllers, with their associated description and performance criteria adapted from the relevant ICAO competency framework, specified in the ICAO PANS‑TRG, in accordance with the procedures for developing competency-based training and assessment for a given role specified in that document and provided to CASA by AA on 26 March 2026
adapted on-the-job training instructor competency standards is defined to mean the group of competencies for on-the-job training instructors, with their associated description and performance criteria adapted from the relevant ICAO competency framework, specified in the ICAO PANS‑TRG, in accordance with the procedures for developing competency-based training and assessment for a given role specified in that document and provided to CASA by AA on 26 March 2026.

Part 2 — Exemptions about air traffic controller competency standards

The exemptions in sections 4 to 6 exempt AA and certain employees of AA from compliance with specified provisions of Parts 65 and 143 of CASR, but only to the extent that the program or training plan that is required to be established, or the training that is required to be successfully completed:

does not accord with the requirements set out in Chapter 5 of the Part 65 MOS; and
does accord with the requirements set out in the adapted air traffic controller competency standards.

Exemptions about air traffic controllers

Section 4 exempts AA as ATS provider from compliance with the following provisions of CASR:

subregulation 65.080(3), which would otherwise require AA to ensure that the program it is required to set up and maintain (to ensure that its employees who hold ATC licences maintain air traffic controller ratings appropriate to their duties) accords with the standards and requirements set out the Part 65 MOS
subregulation 65.085(4), which would otherwise require AA to ensure that the program it is required to set up and maintain (to ensure that its employees who hold an ATC licence maintain endorsements appropriate to their duties) accords with the standards and requirements set out the Part 65 MOS
subregulation 65.030(1) and paragraph 65.090(1)(a), which would otherwise require AA to ensure that the program it is required to set up and maintain (for the continuing assessment of the competency of any of its employees who hold air traffic controller ratings and endorsements) for the purpose of ensuring that they continue to satisfy the currency requirements in relation to ratings and endorsements accords with the Part 65 MOS
subregulation 65.030(1) and paragraph 65.090(1)(b), which would otherwise require AA to ensure that the program that it is required to set up and maintain (for the familiarisation, retraining and assessment of any of its employees who at any time do not satisfy the currency or recency requirements in relation to an endorsement) accords with the Part 65 MOS
paragraph 65.100(a), which would otherwise require AA to ensure that the practical training for the award of an ATC licence, air traffic controller rating or endorsement that is required to be carried out by, or on behalf of, AA is carried out in accordance with the standards and requirements set out in the Part 65 MOS
paragraph 65.105(a), which would otherwise require AA to ensure that an assessment that it carries out for the award of an ATC licence, air traffic controller rating or endorsement is carried out in accordance with the standards and requirements set out in the Part 65 MOS.

Section 5 exempts AA as ATS training provider from compliance with the following provisions of CASR:

paragraph 143.055(a), which would otherwise require AA to ensure that the training relating to air traffic services that it provides is of at least the standard required by the Part 65 MOS
regulation 143.060, which would otherwise require AA to ensure that the training plan relating to air traffic services that AA is required to have and put into effect accords with the standards and requirements set out in the Part 65 MOS
regulation 143.065, which would otherwise require AA to ensure that it has enough suitably qualified personnel to enable it to provide the training relating to air traffic services covered by its approval in accordance with the standards and requirement set out in the Part 65 MOS
paragraph 143.070(b), which would otherwise require AA to ensure, to the extent that AA has given a person responsibility as an instructor or assessor for any training relating to air traffic services, that person satisfies the standards and requirements of the Part 65 MOS for persons who have that responsibility.

Section 6 exempts the following employees of AA from compliance with the following provisions of CASR:

an employee of AA who has applied for the grant of an ATC licence is exempt from compliance with regulation 65.015, and paragraph 65.070(1)(c), which provides that a person is eligible to be granted an ATC licence if he or she has successfully completed the training (including any examination or assessment) specified in the Manual of Standards for the licence, a rating and an endorsement
an employee of AA who has applied for the grant of an air traffic controller rating is exempt from compliance with regulation 65.015, and paragraph 65.080(1)(b), which requires CASA to grant a rating to an applicant who successfully completes the training required by the Manual of Standards for the grant of the rating
an employee of AA who has applied for the grant of an endorsement on an ATC licence is exempt from compliance with regulation 65.015, and paragraph 65.085(2)(b), which requires CASA to grant an endorsement to an applicant who successfully completes the training required by the Manual of Standards for the grant of the endorsement.

Part 3 — Exemptions about on-the-job training instructor competency standards

The exemptions in sections 7 and 8 exempt AA from compliance with certain provisions of Parts 65 and 143 of CASR, but only to the extent that the program or training plan that is required to be established, or the training that is required to be successfully completed:

does not accord with the requirements set out in section 3.1.12 of the Part 65 MOS; and
does accord with the requirements set out in the adapted on-the-job training instructor competency standards.

Exemptions about on-the-job training instructor competency standards

Section 7 exempts AA as an ATS provider from compliance with the following provisions of CASR:

subregulation 65.095(7), which would otherwise require AA to ensure that the program that AA is required to set up and maintain to grant on-the-job training instructor qualifications to its employees, and to administer such qualifications held by its employees, accords with the standards in the Part 65 MOS
subregulation 65.095(7), which would otherwise require AA to ensure that an employee to whom AA grants an on-the-job training instructor qualification in accordance with paragraph 3.1.11.3 of the Part 65 MOS has demonstrated competency against the standards set out in the Part 65 MOS
paragraph 65.100(a), which would otherwise require AA to ensure that the practical training for the award of on-the-job training instructor qualifications that is carried out by, or on behalf of, AA is carried out in accordance with the standards and requirements set out in the Part 65 MOS
paragraph 65.105(a), which would otherwise require AA to ensure that an examination or assessment that is carried out by, or on behalf of, AA for the award of on-the-job training instructor qualifications is carried out in accordance with the standards and requirements set out in the Part 65 MOS.

Section 8 exempts AA as an ATS training provider from compliance with the following provisions of CASR:

paragraph 143.055(a), which would otherwise require AA to ensure that the training relating to the grant of on-the-job training instructor qualifications that is provided by AA is of at least the standard required by the Part 65 MOS
regulation 143.060, which would otherwise require AA to ensure that the training plan for the training relating to the grant of on-the-job training instructor qualifications covered by its approval that AA is required to have and put into effect accords with the standards and requirements for on-the-job training instructor qualifications in the Part 65 MOS
regulation 143.065, which would otherwise require AA to ensure that AA has, at all times, enough suitably qualified personnel to enable it to provide the required training for on-the-job training instructor qualifications in accordance with the standards and requirement set out in the Part 65 MOS
paragraph 143.070(b), which would otherwise require AA to ensure that a person to whom AA has given responsibility as an instructor for any training relating to the grant of on-the-job training instructor qualifications that AA provides satisfies the requirements relating to on-the-job training instructor qualifications set out in the Part 65 MOS.

Part 4 — Miscellaneous

Section 9 provides that the instrument is repealed at the end of 31 March 2029.

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons.

Section 2 of the instrument specifies that it applies both to a specified person, namely AA in its capacity as an ATS provider and an ATS training provider (see paragraph 2(a)) and to a class of persons, namely employees of AA who apply for an ATC licence, rating or endorsement (see paragraph 2(b)). The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

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

The instrument deals with aviation safety matters and it therefore would not be appropriate for it to be subject to sunsetting. However, this instrument will be repealed at the end of 31 March 2029, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

Consultation

CASA and AA have been engaging about ICAO competency frameworks since 2019, when ICAO first informed member States about introducing air traffic controller and on-the-job training instructor competency standards into the ICAO PANS-TRG.

The making of the instrument was initiated by AA. CASA has consulted with AA about the exemptions in the instrument, which do not affect any other organisation.

CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

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 exemptions in the instrument have been assessed as having no significant cost impact on the aviation industry. Instead, introducing the adapted competency standards is expected to provide positive cost and efficiency consequences for AA as AA will be able to consolidate initial and ongoing competency management under a single competency model.

Once the instrument commences there would be no resource impacts on CASA or AA for ongoing safety oversight.

CASA’s regulatory philosophy

The instrument aligns CASA’s regulatory philosophy of performing functions consistently with Australia's international obligations (including ensuring regulatory requirements are consistent with ICAO competency frameworks).

An added benefit is that adopting the ICAO competency frameworks would aid Australia’s level of compliance under the ICAO Universal Safety Oversight Audit Programme. At present, Australia reports ‘not implemented’ against the entire section of ATC and on‑the‑job training instructor competency standards specified in the ICAO PANS-TRG.

Impact on categories of operations

The instrument is likely to have a beneficial impact for AA and persons undertaking training for the grant of air traffic control authorisations or on-the-job training instructor qualifications. The benefit is achieved by enabling the use of contemporary and internationally harmonised competency standards that will support a more robust and quality training system leading to greater efficiencies in the training processes.

Impact on regional and remote communities

The instrument does not have an impact that is specific to regional and remote communities.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the instrument 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 on the day after it is registered and is repealed at the end of 31 March 2029.

Attachment 1

Statement of Compatibility with Human Rights

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

CASA EX24/26 — Part 65 Competency Standards for Air Traffic Controllers and On‑the-Job Training Instructors (Airservices Australia) Exemption 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

Airservices Australia (AA) has prepared new competency standards for air traffic controllers and on-the-job training instructors that are adapted from, and were developed in accordance with, the competency models specified for such persons by the International Civil Aviation Organisation in the ICAO Procedures for Air Navigation Services – Training (PANS-TRG, Doc 9868) (the ICAO competency frameworks).

The purpose of the instrument is to enable AA to implement its adapted competency standards by granting the following exemptions:

(a) AA, and any of its employees who apply for an ATC licence, rating or endorsement, are exempted from compliance with those provisions of Parts 65 and 143 of CASR that require compliance with the standards and requirements about air traffic controllers specified in Chapter 5 of the Part 65 MOS, but only if AA and any employee who makes such an application instead complies with the adapted standards that AA provided to the Civil Aviation Safety Authority (CASA) (defined in the instrument as the adapted air traffic controller competency standards); and

Human rights implications

This 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 safe and healthy working conditions under Article 7 of the International Covenant on Economic, Social and Cultural Rights.

This engagement is in the context of CASA’s statutory purpose. The aim of CASA and its regulatory framework is to uphold aviation safety by regulating the conduct of individuals and organisations involved in civil aviation operations, including the training of air traffic controllers, on-the-job training instructors and other air traffic service personnel. It is, therefore, a threshold requirement for all CASA legislative instruments that they preserve, promote and enhance aviation safety.

CASA has assessed that the ICAO competency frameworks can be safely implemented in Australia and that they will preserve both an acceptable level of aviation safety and the safety of air navigation.

The instrument grants exemptions allowing AA to implement training programs, and to assess the competency of air traffic controllers and on-the-job training instructors, without complying with specified provisions of Parts 65 and 143 of CASR or complying with relevant competency standards specified in the Part 65 MOS. However, AA can only do so if it instead complies with the adapted air traffic controller competency standards and the adapted on-the-job training instructor competency standards provided to CASA by AA on 26 March 2026.

Similarly, although employees of AA who apply for an ATC licence, rating or endorsement are exempt from meeting the competency standards in the Part 65 MOS, they are still required to comply with the competency standards in the adapted air traffic controller standards.

In each case, the safety impact of implementing the adapted air traffic controller competency standards and the adapted on-the-job training instructor competency standards is considered to be minimal, in practice immaterial, and more than offset by the requirement in the exemptions to comply with those adapted competency standards. These arrangements will contribute to an acceptable level of aviation safety and hence promote the two applicable rights and are compatible with the right to life and the right to safe and healthy working conditions.

Conclusion

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 is reasonable, necessary and proportionate in the interests of aviation safety.

Civil Aviation Safety Authority

CASA EX24/26 — Part 65 Competency Standards for Air Traffic Controllers and On-the-Job Training Instructors (Airservices Australia) Exemption 2026

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