CASA EX73/10 – Exemption – carriage of children suffering from a serious medical condition

Overview

The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, aim to ensure the safety and regulation of civil aviation within the country. Specifically, the exemption introduced through F2010L02388 addresses a gap in accommodating children suffering from serious medical conditions who are unable to sit upright unaided and are under a certain weight limit. This exemption allows Virgin Blue International Airlines Pty Ltd, trading as V Australia, to carry such children on the lap of an accompanying adult, provided they are restrained with an approved infant seat belt. The exemption, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, is subject to conditions that prioritise safety, such as informing relevant staff of the child's condition. This legislative instrument is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, though consultation was not undertaken in this instance as the operator provided a safety case in support of the exemption.

Scope and Application

The Civil Aviation Regulations 1988 provide the framework under which the Civil Aviation Act 1988 operates, including specific provisions for the carriage of children on aircraft. The Act applies to all persons and entities involved in the operation of aircraft within Australia, and its regulations extend to ensuring safety and compliance during flights. The Act allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft or persons associated with their operation from specific regulations, provided safety is not compromised. The exemption discussed here applies to Virgin Blue International Airlines Pty Ltd, trading as V Australia, specifically for their Boeing 777 aircraft. This exemption allows the carrier to transport children who suffer from a serious medical condition that prevents them from sitting upright unaided, provided these children are over 2 years old, weigh less than 16 kilograms, and are restrained using an approved infant seat belt while sitting on an accompanying adult's lap. The exemption comes with conditions, including the requirement to inform relevant staff of the child's medical condition. This exemption is subject to disallowance by the Parliament under the Legislative Instruments Act 2003 and is effective until the end of August 2012.

Key Provisions

The main operative sections of this piece of legislation are subsection 98(1) of the Civil Aviation Act 1988, subregulation 308(1) and 308(3) of the Civil Aviation Regulations 1988, and subregulation 251(1) of the Civil Aviation Regulations 1988. Under these provisions, the Governor-General has the power to make regulations concerning civil aviation, and the Civil Aviation Safety Authority (CASA) has the authority to exempt specific aircraft, types, or categories of aircraft, and associated persons, from certain regulations, subject to safety conditions. The specific exemption discussed in this legislation allows Virgin Blue International Airlines Pty Ltd, trading as V Australia, to carry children suffering from a serious medical condition without them needing to occupy their own seat and use an adult seatbelt. This exemption applies to children who are over 2 years old, cannot sit upright unaided due to their medical condition, and weigh less than 16 kilograms. The child must be restrained with an approved infant seatbelt while sitting on an accompanying adult's lap. Additionally, staff who may reasonably come into contact with the child during the carriage must be informed of the child's condition and the exemption. The obligations and requirements imposed by this legislation on the parties it governs are primarily related to safety. The exemption is subject to CASA specifying necessary conditions to ensure safety. In this case, the operator must ensure that staff who may reasonably come into contact with the child during carriage are informed of the child's condition and the exemption. Furthermore, the exemption only applies to carriage in the operator's Boeing 777 aircraft, and it will be in effect until 31 August 2012. The legislation also requires the instrument to be tabled and subject to disallowance in the Parliament under the Legislative Instruments Act 2003. There are no specific offences, penalties, or civil/criminal consequences outlined in the legislation for breach of the exemption. However, the exemption is subject to safety conditions specified by CASA, and failure to comply with these conditions could result in revocation of the exemption or other enforcement actions by CASA. Additionally, as the exemption is a legislative instrument, it is subject to disallowance in the Parliament under the Legislative Instruments Act 2003. This means that if the Parliament chooses to disallow the instrument, it will cease to have effect. It is important for the operator to ensure compliance with the exemption conditions and to inform relevant staff of the child's condition and the exemption to avoid any potential issues with CASA or the Parliament.