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]
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia, as mandated by the Civil Aviation Act 1988. This legislation provides the framework for the regulation of aerodrome rescue and fire-fighting services (ARFFS), which are critical to maintaining safety at aerodromes across the country. The regulations, administered by the Civil Aviation Safety Authority (CASA), require ARFFS staff to undergo accredited training at intervals not exceeding four years to keep up with technological changes and revised firefighting procedures. In response to a specific issue, Airservices Australia (AA), an approved ARFFS provider, applied for an exemption from the training requirement due to a temporary suspension in the training process following an injury allegation. CASA granted the exemption, conditioned on AA completing the training by the end of August 2012, to ensure no lapse in safety standards. The exemption is subject to parliamentary scrutiny under the Legislative Instruments Act 2003, which governs the tabling and disallowance of legislative instruments. The exemption has been deemed compatible with human rights, and no adverse comments were received during the consultation process with AA.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, apply to aerodrome rescue and firefighting services (ARFFS) to ensure the safety of air navigation. Specifically, Subpart 139.H of these regulations applies to ARFFS providers, including Airservices Australia (AA), which holds a certificate of approval from the Civil Aviation Safety Authority (CASA). Under the Manual of Standards for Subpart 139.H, all ARFFS staff are required to attend CASA-accredited training at intervals no longer than four years to stay updated on technological changes and firefighting procedures. In response to a temporary suspension of training due to an injury, CASA granted an exemption to AA, allowing them to complete the training by the end of August 2012, subject to certain conditions. This exemption applies to a class of persons, specifically ARFFS staff, and as such, it is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption does not engage any human rights issues, and consultation with AA was conducted, with no adverse comments received. The exemption is effective from the day after registration and ceases at the end of August 2012.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Manual of Standards for Subpart 139.H (MOS) require all aerodrome rescue and firefighting services (ARFFS) staff to attend a CASA accredited ARFFS training course at intervals not exceeding four years. This requirement is detailed in paragraph 18.1.1.4 of the MOS. The ARFFS staff must receive instruction on technological changes and practice revised firefighting procedures to ensure they are up to date with current safety standards and practices. The training program must be conducted using the Compartment Fire Behaviour Training (CFBT) concept, which realistically creates flashover conditions in a purpose-built training cell.
The obligations imposed by the CASR 1998 and MOS on parties such as Airservices Australia (AA) include ensuring that all ARFFS staff complete the required training within the stipulated intervals. Given that AA holds a certificate of approval from CASA, it must adhere to these regulations to maintain its status as an approved ARFFS provider. AA is required to make every effort to train all available operational ARFFS staff using the CFBT concept before the specified deadline of August 2012. Furthermore, AA must notify CASA in writing when the training is completed or if it determines that the training will not be completed by the deadline.
Failing to comply with the conditions of an exemption granted by CASA is an offence under regulation 11.210 of the CASR 1998. The maximum penalties for such breaches are not specified in the text, but generally, non-compliance with civil aviation safety regulations can result in substantial fines and other legal consequences. The exemption granted to AA is subject to the Legislative Instruments Act 2003 (LIA), meaning it must be tabled and is subject to disallowance in Parliament. This process ensures that the exemption aligns with legislative requirements and does not undermine the safety standards intended by the Act. The exemption must also be published on the Internet and ceases on the day specified within it, or, if no day is specified, three years after commencement.