Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from appointment of full-time Managers Cabin Crew Training for VAA and VAIA
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:
(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or
(b) the airworthiness of, or design standards for, aircraft.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in that subsection.
Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Under regulation 11.225 of CASR 1998, 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.
Regulation 217 of CAR 1988 provides that an operator of a regular public transport service must provide a training and checking organisation to ensure that its operating crews maintain their competency.
Exemption
Part 82 of the CAOs specifies conditions on AOCs for various kinds of operations.
Paragraph 2.2 of CAO 82.5 provides that “[e]ach operator must employ such numbers of qualified personnel as CASA considers necessary . . . and such personnel must be employed on a full-time basis in appropriate areas”. Paragraph 2.4 of Appendix 2 to CAO 82.5 states that all persons appointed to a position with the training and checking organisation must be in the full-time employment of the operator.
Paragraphs 2.2 and 2.4 apply to Virgin Australia Airlines Pty Ltd (VAA) and Virgin Australia International Airlines Pty Ltd (VAIA).
This instrument exempts VAA and VAIA from compliance with both paragraphs mentioned above in order to enable them to appoint a single Manager Cabin Crew Training. Each airline will have its own Manager Flight Training and Standards and its own training procedures.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO), and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 2.2, and paragraph 2.4 of Appendix 2, of CAO 82.5. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The Virgin Group provided a safety case to CASA to support the appointment of a single Manager Cabin Crew Training. CASA reviewed the supporting documentation and a meeting was held with the Virgin Group on 29 April 2014 to discuss any issues that still required clarification. CASA was satisfied with the additional information provided at that meeting. The Virgin Group already has parts of its organisation where areas of both airlines are oversighted by a single department and single head, although not as part of the training and checking organisations. It is considered that this structure has been managed successfully.
In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on the day of registration and expires at the end of June 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX54/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — from appointment of full-time Managers Cabin Crew Training
for VAA and VAIA
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 exempts Virgin Australia Airlines Pty Ltd and Virgin Australia International Airlines Pty Ltd from the requirement for each airline to have its own full-time Manager Cabin Crew Training.
The purpose of the exemption is to have a single overall head for cabin crew training although each airline has its own Manager Flight Training and Standards and its own training procedures.
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