Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX45/26 — ATC Licence Holders (Western Sydney International (Nancy‑Bird Walton) Aerodrome) Recency and Currency Requirements Exemption 2026
Purpose
The purpose of CASA EX45/26 — ATC Licence Holders (Western Sydney International (Nancy-Bird Walton) Aerodrome) Recency and Currency Requirements Exemption 2026 (the instrument) is to enable air traffic controllers who will perform air traffic control (ATC) functions for Western Sydney International (Nancy-Bird Walton) aerodrome (WSI) to be trained in time for the commencement of operations at WSI. The instrument will enable specified holders of an air traffic controller licence (ATC licence) to satisfy recency and currency requirements of the Civil Aviation Safety Regulations 1998 (CASR) for an endorsement in a simulated environment, in accordance with a specified Training Plan prepared by Airservices Australia (AA) (the Training Plan).
The instrument is required because Sydney aerodrome (YSSY) (Kingsford Smith International Airport) offers insufficient opportunities for ATC licence holders to perform in the live environment the required duties or functions for ATC licence endorsements. This makes it difficult for ATC licence holders who will perform ATC functions for WSI to retain the necessary recency and currency for their endorsements.
The exemptions under the instrument would enable the ATC licence holders to whom the instrument applies to:
- complete currency competency assessments within a simulated environment
- have simulated hours count toward recency
- have their recency requirement extended from 5 hours in 21 days to 5 hours in 30 days.
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.
Subsection 98(5D) of the Act provides that 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.
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. 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.
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.
Regulation 65.025 of CASR sets out how the holder of an ATC licence satisfies the recency requirement in relation to an endorsement. Subregulation 65.025(1) provides that the holder of an ATC licence satisfies the recency requirement in relation to an endorsement at a particular time if the holder has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates, for at least 5 hours within the previous 21 days.
Regulation 65.030 of CASR sets out how the holder of an ATC licence satisfies the currency requirement in relation to an endorsement. Paragraph 65.030(1)(b) is the second of two limbs of the requirement for the holder of an ATC licence to satisfy the currency requirement at a particular time in relation to an endorsement. It requires the holder’s performance of the relevant function for the endorsement at the aerodrome, or in relation to the airspace, to have been assessed as satisfactory within the previous 6 months.
Regulation 65.035 of CASR provides that a person may carry out an ATC function in Australian territory if, at the time the person carries out the function, he or she holds an ATC licence with a rating for the function and an endorsement for the place where it is carried out, the licence rating and endorsement are in force and the person satisfies the recency and currency requirements for the endorsement. Subparagraph 65.035(1)(c)(i) requires him or her to satisfy the recency and current requirements in relation to the endorsement.
Under subregulation 65.045(1) of CASR it is an offence (carrying a maximum penalty of 25 penalty units) for a person who is not authorised by subregulation 65.035(1) or (2) to carry out an ATC function in Australian territory. Under subregulation 65.035(3), strict liability applies to specified physical elements of the offence.
Background
When Part 65 of CASR was drafted, it does not appear that the introduction of ATC services at a new aerodrome was taken into consideration. For example, the CASR recency and currency requirements for endorsements on ATC licences do not state that required duties or relevant functions may be performed on a simulator. CASA interprets the relevant provisions of CASR for recency and currency as requiring performance of the required duties or relevant function, as applicable, to be in the live operational environment.
Where this is not possible, CASA has, if requested by AA, and through a series of instruments dating back to 2008 (most recently CASA EX31/24), granted ATC licence holders exemptions to allow the use of time spent on a simulator to count towards the recency and currency requirements of regulations 65.025 and 65.030 of CASR for an endorsement.
Because requirements for currency and recency are not achievable in a live environment at WSI before the commencement of ATC operations at WSI, AA has requested CASA to grant exemptions from the CASR recency and currency requirements for endorsements held by relevant ATC licence holders to enable the training and assessment to be conducted in accordance with AA’s Training Plan using simulators. During the exemption assessment process, AA advised that the exemption is only required for 3 months from the date of commissioning of the Western Sydney Tower and aerodrome.
Aerodrome control services for WSI will be operated from the Western Sydney Remote Tower Centre (RTC). The Training Plan provided by AA includes training of aerodrome controllers at Western Sydney, approach controllers at Sydney Terminal Control Unit (Sydney TCU) and ATC licence holders based in surrounding enroute units (Brisbane and Melbourne) and other Sydney Basin aerodromes (Kingsford Smith (YSSY), Bankstown (YSBK), Camden (YSCN) and RAAF Richmond (YSRI)).
Overview of instrument
The instrument provides exemptions from relevant CASR provisions for ATC licence holders who perform ATC functions under an endorsement, and who have completed training and assessment for the endorsement in a simulated environment and in accordance with the Training Plan, and performed certain required duties to which the endorsement relates for at least 5 hours within the previous 30 days, to enable them to satisfy endorsement recency requirements under CASR.
The instrument also enables ATC licence holders who perform ATC functions under an endorsement and who have completed training and assessment for the endorsement in a simulated environment and in accordance with the Training Plan, and, within the previous 6 months, performed on a simulator the relevant function to which the endorsement relates, to the extent possible in a simulated environment, provided their performance has been assessed by AA as satisfactory, to satisfy endorsement currency requirements under CASR.
CASA has assessed the impact the instrument will have on aviation safety and is satisfied that it will have no impact on aviation safety. CASA considers that risk mitigation is provided for in the Training Plan.
Documents incorporated by reference
The instrument incorporates 2 documents prepared by AA. Both documents are incorporated as existing from time to time. The documents are:
- the Western Sydney Airspace Project Operational Training Plan, Version 2.0, effective 15 May 2026, or, if a later version is approved in writing by CASA, the later version;
- the Western Sydney Tower Training Curriculum Operational Training Plan, Version 1.0, effective 8 April 2026, or, if a later version is approved in writing by CASA, the later version.
The documents are mentioned in the definition of Training Plan in the instrument. Both documents are internal AA documents and are not freely available to the public. However, CASA will, by prior arrangement, make a copy of either or both documents available for viewing at its offices.
Content of instrument
Section 1 sets out the name of the instrument.
Section 2 provides that the instrument commences on the day after it is registered and is repealed at the end of 9 October 2026. The instrument repeals at the end of 9 October 2026 because by then the live environment will have been available for a sufficient time at WSI to establish recency and currency.
Section 3 sets out the definitions for the instrument.
Endorsement is defined as meaning an endorsement, on an ATC licence, that is granted by CASA under regulation 65.085 of CASR.
Training Plan is defined as meaning the following documents prepared by AA:
(a) the Western Sydney Airspace Project Operational Training Plan, Version 2.0, effective 15 May 2026, or, if a later version is approved in writing by CASA, the later version;
(b) the Western Sydney Tower Training Curriculum Operational Training Plan, Version 1.0, effective 8 April 2026, or, if a later version is approved in writing by CASA, the later version.
A note under this definition states that AA is the ATS provider for the relevant aerodrome and that, under section 65.090 of CASR, ATS providers are obliged to provide programs for currency and recency training of employees, and their assessment.
Section 4 mentions, in paragraphs (a) and (b) respectively, the two kinds of ATC licence holders to whom the instrument applies. Under both paragraphs, each kind of ATC licence holder must perform ATC functions under an endorsement and have completed training and assessment for the endorsement in a simulated environment and in accordance with the Training Plan. Under paragraph (a), an ATC licence holder must also have either performed the duties required by the relevant function for the aerodrome or in relation to the airspace to which the endorsement relates for at least 5 hours within the previous 30 days. Under paragraph (b), the ATC licence holder must have, within the previous 6 months, performed on a simulator the relevant function to which the endorsement relates, to the extent possible in a simulated environment, provided their performance has been assessed by AA as satisfactory.
Section 5 sets out the exemptions applying to the two kinds of ATC licence holders to whom the instrument applies.
Under subsection 5(1), an ATC licence holder mentioned in paragraph 4(a) is exempt from subregulation 65.045(1) of CASR, to the extent that it requires the licence holder to comply with the recency requirement mentioned in subparagraph 65.035(1)(c)(i) of CASR in the manner specified in subregulation 65.025(1) of CASR in relation to the endorsement.
Under subsection 5(2), an ATC licence holder mentioned in paragraph 4(b) is exempted from subregulation 65.045(1) of CASR, to the extent that it requires the licence holder to comply with the currency requirement mentioned in subparagraph 65.035(1)(c)(i) of CASR in the manner specified in paragraph 65.030(1)(b) of CASR in relation to the endorsement.
Legislation Act 2003 (the LA)
Paragraph 98(5A)(a) of the Act provides that CASA may 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. The instrument expressly applies in relation to the kinds of ATC licence holders mentioned in section 4 of the instrument, that is, to classes of persons. 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).
However, this instrument will be repealed at the end of 9 October 2026, 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
AA requested the exemptions in the instrument. A draft of the instrument was provided to AA on 31 March 2026 for consideration and comment. Comments provided by AA in relation to the draft were taken into account when preparing the final draft. The instrument provides exemptions from CASR recency and currency requirements that are necessary to enable ATC functions to be provided for WSI.
In these circumstances, 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(3) of the Act states that subject to regarding the safety of air navigation as the most important consideration, in developing and promulgating aviation safety standards under paragraph 9(1)(c) of the Act, 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.
This instrument provides for exemptions from provisions of CASR in a way that will create efficiencies for certain ATC licence holders in relation to satisfying the recency and currency requirements on their endorsement. There will be no economic or cost impact on individuals, businesses or the community as a result of this measure.
Impact on categories of operations
The instrument will have a beneficial impact on all categories of aircraft that utilise WSI as it will ensure sufficient numbers of trained and assessed air traffic controllers are available to perform ATC functions at WSI.
Impact on regional and remote communities
The instrument is likely to have a beneficial effect on regional and remote communities insofar as air traffic to and from WSI services those communities.
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. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.
The instrument commences on the day after it is registered and is repealed at the end of 9 October 2026.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX45/26 — ATC Licence Holders (Western Sydney International (Nancy-Bird Walton) Aerodrome) Recency and Currency Requirements 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
The legislative instrument would enable air traffic controllers who will perform air traffic control functions for Western Sydney International (Nancy-Bird Walton) aerodrome (WSI) to be trained in time for the commencement of operations at WSI. The instrument will enable specified holders of an air traffic controller licence (ATC licence) to satisfy recency and currency requirements of the Civil Aviation Safety Regulations 1998 for an ATC licence endorsement in a simulated environment, in accordance with a specified training plan prepared by Airservices Australia.
Sydney aerodrome (YSSY) (Kingsford Smith International Airport) offers insufficient opportunities for ATC licence holders to perform the required duties or functions in the live operational environment. This makes it difficult for ATC licence holders who will perform air traffic control functions for WSI to retain the necessary recency and currency for their endorsements.
The exemptions under the instrument would enable the ATC licence holders to whom the instrument applies to:
- complete currency competency assessments within a simulated environment
- have simulated hours count toward recency
- have their recency requirement extended from 5 hours in 21 days to 5 hours in 30 days.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority