Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — attendance of all ARFFS staff at CASA accredited training
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.
Subpart 139.H of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to aerodrome rescue and fire‑fighting services (ARFFS). Airservices Australia (AA) holds a certificate of approval, issued by CASA under Division 139.H.5 of CASR 1998, to provide ARFFS at various aerodromes and is, therefore, an approved provider subject to the requirements of Subpart 139.H of CASR 1998 and the Manual of Standards for Subpart 139.H (the MOS). Under paragraph 18.1.1.4 of the MOS, all ARFFS staff must attend a CASA accredited ARFFS training course at intervals not exceeding 4 years for instruction on technological changes and to practice revised firefighting procedures.
Exemptions
Under regulation 11.160 of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. Under regulation 11.170, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under regulation 11.205, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
CASA has accredited training using the Compartment Fire Behaviour Training (CFBT) concept as an ARFFS training course for instruction on technological changes and to practice revised firefighting procedures. The CFBT realistically creates flashover conditions in a purpose-built training cell. This training concept is being used by most fire brigades throughout Australia and in many other countries.
AA has commenced the training. However, the training was suspended following an allegation that an injury resulted from the training. The training has recommenced. AA has provided CASA with information on anticipated time frames for completion of the training.
In light of the temporary suspension of the training, CASA has given AA and relevant staff an exemption from the requirement in paragraph 18.1.1.4 of the MOS. Conditions have been placed on the exemption. AA, as the approved ARFFS provider, must make every effort to train all available operational ARFFS staff using the CFBT concept before the end of August 2012. AA must notify CASA in writing when the training is completed or if it forms the view that the training will not be completed by the date.
Legislative Instruments Act
Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of persons, being ARFFS staff, and so is a legislative instrument.
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).
Consultation
Consultation under section 17 of the LIA has been undertaken. CASA consulted AA. No adverse comments were received.
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 commences on the day after registration and stops having effect at the end of August 2012.
The exemption has been granted by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX39/12]