CASA EX39/07 - Exemption - ARFFS AFC Diploma

Overview

The Civil Aviation Safety Regulations 1998 were amended in 2007 through the instrument F2007L02419, which introduced an exemption regarding the Australian Fire Competencies (AFC) Diploma requirement for shift supervisors in aerodrome rescue and firefighting services (ARFFS). This amendment was enacted to address a specific need identified by Airservices Australia (AA), which holds a certificate of approval issued by the Civil Aviation Safety Authority (CASA) to provide ARFFS at various aerodromes. The key issue was the requirement under paragraph 18.1.1.10 of Manual of Standards Part 139H, which mandates that all shift supervisors must hold an AFC Diploma. AA sought an exemption from this requirement for stations with only two shift supervisors, where only one supervisor would need to hold the AFC Diploma. The exemption was granted by the Acting Director of Aviation Safety on behalf of CASA, in line with subsection 84A(2) of the Civil Aviation Act 1988, with the paramount consideration being the preservation of an acceptable level of safety. This legislative instrument, declared under subparagraph 6(d)(i) of the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, govern the provision of aerodrome rescue and firefighting services (ARFFS) in Australia, ensuring the safety of air navigation. This legislation applies to entities such as Airservices Australia that have been approved by the Civil Aviation Safety Authority (CASA) to provide ARFFS at various aerodromes. A specific exemption pertains to Airservices Australia, allowing them to deviate from certain provisions regarding the requirement for all shift supervisors of operational fire fighters to hold an Australian Fire Competencies (AFC) Diploma. This exemption applies only when there are two shift supervisors at an AA station, in which case only one of the supervisors needs to possess an AFC Diploma. The exemption is subject to conditions imposed by CASA to maintain an acceptable level of safety, and it is a legislative instrument under the Legislative Instruments Act 2003, thus subject to tabling and disallowance in the Parliament. The exemption is effective until 31 July 2009, highlighting its temporary nature aimed at addressing specific operational needs while ensuring safety standards are upheld.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include a provision (Regulation 139.711) that mandates approval by the Civil Aviation Safety Authority (CASA) for entities to provide aerodrome rescue and firefighting services (ARFFS) at aerodromes. This requirement ensures that the personnel involved in these critical services are adequately trained and qualified. Subregulation 11.160(1) of the CASR 1998 further allows CASA to grant exemptions from certain regulatory provisions, provided that the primary consideration in such decisions is maintaining an acceptable level of safety in air navigation. Specifically, the regulation allows for exemptions if necessary for safety reasons, and these exemptions can be subject to conditions as outlined in subregulation 11.205(1). The current legislative instrument exempts Airservices Australia (AA) from the requirement that all shift supervisors on the staff of operational firefighters hold an Australian Fire Competencies (AFC) Diploma, as stipulated in paragraph 18.1.1.10 of Manual of Standards Part 139H. This exemption is specifically applicable to AA stations where there are two shift supervisors, permitting only one of them to hold an AFC Diploma. This exemption is granted to AA to ensure that they can continue to provide ARFFS at an acceptable safety level, even if not all shift supervisors meet the standard AFC Diploma requirement. Entities like AA that are granted exemptions under the CASR 1998 must adhere to any conditions imposed by CASA to ensure safety. In this instance, the exemption is subject to the condition that it applies only at stations with two shift supervisors, and only one needs to hold the AFC Diploma. This regulatory flexibility allows for practical adjustments while maintaining overall safety standards. Moreover, under the Legislative Instruments Act 2003, this exemption is classified as a disallowable instrument and is subject to tabling and potential disallowance in the Parliament. In terms of enforcement, any breach of the conditions set out in the exemption could lead to civil or criminal consequences. Under the Civil Aviation Act 1988, the penalties for non-compliance with safety regulations can be severe, including fines and imprisonment. The specific penalties for each offence are detailed in the Act and can vary depending on the nature and severity of the breach. Additionally, failure to comply with conditions set by CASA could result in the revocation of the exemption, thereby requiring strict adherence to the original regulatory requirements.