Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX74/22 – Amendment of CASA EX84/21 and CASA EX86/21 – Air Crew Members in Control Seats and Other Matters – Instrument 2022 (No. 1)
Purpose
The primary purpose of CASA EX74/22 – Amendment of CASA EX84/21 and CASA EX86/21 – Air Crew Members in Control Seats and Other Matters – Instrument 2022 (No. 1) (the instrument) is to insert an almost identical additional direction into each of the following:
- CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX84/21)
- CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX86/21).
The instrument has also been chosen as a suitable vehicle to make an unrelated change to CASA EX86/21 in relation to aerial work certificate holders operating foreign‑registered aircraft.
Parts 91, 133 and 138 of the Civil Aviation Safety Regulations 1998 (CASR) are elements of CASA’s new Flight Operations Regulations (FORs) that commenced on 2 December 2021. CASA EX84/21 and CASA EX86/21 made a number of exemptions against provisions of, respectively, Parts 133 and 91, and Parts 138 and 91, and issued related directions, to facilitate implementation of these Parts in accordance with CASA’s transition policies for the FORs.
Part 91 deals with the general aviation operating rules, and the rules of the air, for private operations. Part 133 deals with Australian air transport operations in rotorcraft. Part 138 deals with aerial work operations in rotorcraft and aeroplanes.
CASA EX84/21 and CASA EX86/21 corrected some oversights in these Parts which will be rectified on a more enduring basis in regulatory amendments. However, until such amendments can be made, it was considered necessary to make exemptions to provide relief from having to comply with certain requirements, and to give directions to ensure safety compliance.
Continuing feedback from industry about the FORs, which contributes to CASA’s ongoing review of them, has identified the need for some additional directions relating to the training of air crew members in Part 91, 133 and 138 operations. There is also a need to repeal a now redundant direction in relation to the use of foreign-registered aircraft.
Background — 1: CASA EX84/21 and CASA EX86/21
Prior to 2 December 2022, CASA EX131/19 — Helicopter Aircrew Members Instrument 2019 (CASA EX131/19) required an “aircrew member” to hold a Certificate IV in Aviation (Air Crew Officer) (Cert IV) before occupying the front seat of a helicopter. This was for the qualification prescribed by CASA for authorisations for the purposes of regulations 226 and 227 of the Civil Aviation Regulations 1988 (CAR). These regulations empowered CASA to, in effect, authorise certain persons to occupy a control seat in an aircraft. A relevant control seat is a seat in an aircraft that is equipped with fully, or partially, functioning dual controls.
The regulations were repealed on 2 December 2021 by the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021. CASA EX131/19 was expressed to be repealed on 30 November 2022 but was impliedly repealed by the repeal of regulations 226 and 227 of CAR on 2 December 2021, meaning that its safety conditions were no longer in force.
Part 91 of CASR and the Part 91 Manual of Standards do not contain Cert IV qualification requirements similar to those in force up until the end of 1 December 2021. However, there was an industry expectation that the same Cert IV threshold safety qualification would still be required for air crew members before an operator could assign an air crew member to occupy a relevant control seat in the operator’s rotorcraft during flight time in an Australian air transport operation, an aerial work operation, or in a private operation of either kind of operator. In the instrument, this assigning activity is described as an assignment.
To ensure continuation of the previous safety standard that was in place for assignment‑like activity pre-2 December 2021, the instrument contains CASA’s new directions that air crew members must hold the relevant Cert IV before being given an assignment. For CASA EX84/21, the direction is given to operators who are Australian air transport operators – rotorcraft. For CASA EX86/21, the direction is given to operators who are aerial work certificate holders.
Background — 2: section 19 and foreign-registered aircraft
Part 4, Directions to Part 138 aerial work certificate holders, contains section 19, Operation of foreign-registered aircraft — direction. Under this section, such an operator must not:
- operate a foreign-registered aircraft in an aerial work operation for the first time, or change the operation of such an aircraft, unless CASA has approved the operation, in the same way that CASA would approve a significant change under regulations 138.012 and 138.062 of CASR
- for a foreign-registered aircraft in an aerial work operation subject to a limited time of operation safety agreement that CASA entered into with a foreign aviation regulator — operate outside the time limit.
This direction was created as a transitional measure pending CASA’s satisfaction that new procedures under Part 138 of CASR were in place, understood and operating.
The relevant operational scenario is the short-term use of a foreign-registered aeroplane or rotorcraft where an aerial work operator needs added capacity for peak demand, for example, for firebombing for which specialised aircraft are not readily available in Australia on a full-time basis.
Previously, an aerial work operator needed an AOC and, for use of a foreign-registered aircraft, CASA established a safety-related agreement, under section 28A of the Civil Aviation Act 1988 (the Act), with the national aviation authority (NAA) of the State of registry of that aircraft.
However, from 2 December 2021, under the new Part 138 of CASR, an aerial work certificate is required for aerial work operations, not an AOC, and there is no mandatory provision in Part 138 requiring the establishment of an agreement between CASA and the foreign NAA.
Instead, under regulation 138.200, Maximum period for use of foreign registered aircraft in Australian territory, an aerial work operator may use a particular foreign‑registered aircraft to conduct aerial work operations in Australian territory on no more than 90 consecutive days (unless more days are approved by CASA) during any 12‑month period, commencing from when the aircraft is first available for the operator.
This permits an operator to use foreign-registered aircraft for a short-term, default period as long as the operator has procedures in their operations manual for the type or class of aircraft.
However, if an operator requires a foreign-registered aircraft for more than 90 days, a regulation 138.025 approval could be issued but, in practice, based on a safety agreement with the state of the registry of the aircraft, as before. CASA considered that this was as a reasonable and effective division of safety responsibility between itself and the regulator of a foreign-registered aircraft.
When Part 138 commenced, insufficient inspectorate, or operator, processes and procedures were in place to ensure that the issues around the operation of foreign‑registered aircraft for longer than 90 consecutive days could be safely managed by the regulation 138.025 approval process.
The direction in section 19 of CASA EX86/21 was issued to maintain the pre‑2 December 2021 status quo until CASA was satisfied that there were documents, processes and procedures in place to ensure that an acceptable level of safety would be maintained. CASA is satisfied that section 19 is no longer required and can be repealed.
Legislation — directions
Under paragraph 11.245 (1) (a) of CASR, for subsection (5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may issue such a direction only if CASA is satisfied that it is necessary in the interests of safety, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.
Under regulation 11.250, a direction ceases to be in force on a day specified in the instrument or, if no day is specified, 1 year after the instrument commences. Under subregulation 11.255 (1), it is an offence to contravene a direction under regulation 11.245 that is applicable to the person.
Description of the instrument
The way in which the instrument operates is described in Appendix 1.
Aviation safety
In determining whether to issue the instrument, CASA had regard to the safety of air navigation as the most important consideration.
CASA considered that it would promote aviation safety to continue to require the Cert IV for air crew members given an assignment in a relevant operation. CASA also considered that the repeal of section 19 of CASA EX86/21 would have no adverse effect on aviation safety.
Legislation Act 2003 (the LA)
Directions under Subpart 11.F of CASR are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like this directions instrument, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.
The instrument is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).
The instrument applies to classes of persons and is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under section 15G, and sections 38 and 42, of the LA.
Sunsetting
As the instrument relates to aviation safety and is made under CASR, that means that Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
The instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary in order to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators both domestic and international.
In this case, the instrument amends CASA EX84/21 and CASA EX86/21 and is almost immediately spent and repealed in accordance with the automatic repeal provisions in Subdivision A in Division 1 of Part 3 of Chapter 3 of the LA.
CASA EX84/21 and CASA EX86/21 are themselves repealed at the end of 1 December 2024 by virtue of the terms of paragraph 2 (b) in each of those instruments.
Thus, in practice, no sunsetting avoidance issues arise. The fact that the instrument is formally not subject to sunsetting does not impact on the potential for parliamentary oversight.
Incorporations by reference
Under subsection 98 (5D) of the Act, the instrument may apply, adopt or incorporate any matter contained in any instrument or other writing.
A non-legislative instrument may be incorporated into a legislative instrument made under the Act, as that non-legislative instrument exists or is in force at a particular time or from time to time (including a non-legislative instrument that does not exist when the legislative instrument is made).
Under paragraph15J (2) (c) of the LA, the Explanatory Statement must contain a description of the incorporated documents and indicate how they may be obtained. There are no such specific documents.
References to provisions of CASR are taken to be as they are in force from time to time, by virtue of paragraph 13 (1) (c) of the LA. CASR is freely available online on the Federal Register of Legislation.
The following documents are incorporated documents for the purposes of the instrument:
- Certificate IV in Aviation (Air Crew Officer) — this means the training course of that name administered by Australian Industry Standards Limited (AIS), and as in force or in existence from time to time. This is a proprietary product of AIS, the contents of which are unlikely to be made publicly available for free by AIS. A person may, by prior arrangement, inspect CASA’s copy in a suitable CASA office.
- An operator’s exposition and operations manual include the individual operator’s policies, risk assessments, management instructions, standard operating procedures, and training and checking procedures. These are proprietary products of the operator and it is unlikely that an operator would make their contents publicly available for free. To the extent that CASA held any of these documents, they would be subject to the requirements of the Privacy Act 1988.
Consultation
Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, industrial, commercial consumer and other relevant bodies and organisations insofar as CASA considers such consultation to be appropriate.
Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.
Exemptions from regulatory requirements are considered to be beneficial for those to whom they apply, who voluntarily elect to take advantage of them, and who comply with their conditions. It is, therefore, rarely necessary to engage in extensive public consultation on a proposed exemption. However, it is CASA’s policy to consult, where possible, in an appropriate way with those parts of the aviation industry most likely to avail themselves of, or be affected by, an exemption so that they may have the opportunity to comment on the possible or likely terms, scope and appropriateness of the exemption.
Helicopter operators using night vision imaging systems (NVIS) have been the sole users of the previous instrument CASA EX131/19. In April 2022, a Technical Working Group (TWG), consisting of almost all of these particular operators, was consulted on the continuation of the Cert IV requirements and there was consensus that they should continue. CASA EX74/22 achieves this.
There has been no consultation on the repeal of section 19. There was a general industry expectation that section 19 would be a short-term, temporary measure and in this context CASA considers that it is not necessary or appropriate to consult further.
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 Exemption or Direction instruments (OBPR id: 14507).
Sector risk, economic and cost impact
Economic and cost impact
Subsection 9A (1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A (3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9 (1) (c), 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.
In terms of economic and cost impacts for subsection 9A (3) of the Act, the instrument will preserve a legacy helicopter air crew member qualification for assignments which require a high degree of safety knowledge and awareness contributing to the overall efficiency and effectiveness of crew members in Australian air transport operations and aerial work operations under Part 133 and 138 of CASR, respectively.
Thus, while there may be a small operator or air crew member cost in obtaining the qualification, the overall effect will be to somewhat lower some operating costs for industry through higher efficiency, safety and performance.
By permitting at least an initial 90 consecutive day default period of operation, the repeal of section 19 of CASA EX86/21, and the application of regulation 138.200 of CASR, will relieve relevant operators of some costs and delays for use of foreign‑registered aircraft for that period.
Sector risk
For aviation safety reasons, the instrument is specific to Australian air transport operations and aerial work operations under Part 133 and 138 of CASR, respectively.
Rural and regional impacts
The Minister’s Statement of Expectations for the CASA Board states: “I expect that CASA will: … (b) fully consider the impact of new regulations on general aviation, with a particular focus on regional and remote Australia. All Explanatory Statements drafted by CASA for subordinate legislation should identify the impact on the various categories of operations as well as on communities in regional and remote Australia served by those operations and how these impacts have been considered.”
There are no identified rural and regional impacts that differ in any material way from the general economic and cost impacts, or sector risks described above.
Environmental impact
Under subsection 9A (2) of the Act, while regarding the safety of air navigation as the most important consideration, CASA must exercise its powers and perform its functions in a manner that ensures that, as far as practicable, the environment is protected from the effects and associated effects of the operation and use of aircraft.
It is not anticipated there will be any negative environmental impacts as a result of the instrument, as compared to the baseline that existed on 1 December 2021, since the instrument is, in effect, producing aviation outcomes that are quite similar to those relevantly prevailing before 2 December 2021.
Thus, the instrument as such will have no specific negative effect on the environment.
Statement of Compatibility with Human Rights
The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument is compatible with human rights: with its aviation safety focus, it promotes the right to life, and it does so in a way that is reasonable, necessary and proportionate in the context of the regulatory aviation safety framework. By mandating an air crew member qualification, it may indirectly affect the right to work but in a reasonable, necessary and proportionate way.
Commencement and making
The instrument commences on the day after it is registered.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
Appendix 1
Details of:
CASA EX74/22 – Amendment of CASA EX84/21 and CASA EX86/21 – Air Crew Members in Control Seats and Other Matters – Instrument 2022 (No. 1)
1 Name
This section names the instrument as CASA EX74/22 – Amendment of CASA EX84/21 and CASA EX86/21 – Air Crew Members in Control Seats and Other Matters – Instrument 2022 (No. 1).
2 Commencement
Under this section, the instrument commences on the day after it is registered.
3 Repeal of CASA EX131/19
Under this section, and for clarity, CASA EX131/19 — Helicopter Aircrew Members Instrument 2019 is repealed.
4 Amendment of CASA EX84/21
Under this section, Schedule 1 amends CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX84/21).
5 Amendment of CASA EX86/21
Under this section, Schedule 2 amends CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX86/21).
Schedule 1 Amendments — CASA EX84/21
[1] After section 3 — new section 3A
This amendment facilitates the creation of a table of contents for CASA EX84/21.
[2] After section 20 — new section 20A
This section inserts a new section 20A, Requirements for air crew members, including the Certificate IV in Aviation (Air Crew Officer) — direction, into CASA EX84/21 for Australian air transport operators – rotorcraft.
(1) This subsection contains definitions of key terms, including, for example, the following:
assignment means an operator assigning an air crew member to occupy a relevant control seat in the operator’s rotorcraft during flight time in a private operation or an Australian air transport operation.
Certificate IV in Aviation (Air Crew Officer) means:
(a) either of the following training courses administered by Australian Industry Standards Limited (AIS), and as in force or in existence from time to time:
(i) AVI40116 – Certificate IV in Aviation (Aircrewman);
(ii) AVI40119 – Certificate IV in Aviation (Air Crew Officer);
provided that, for such a training course begun after the commencement of this instrument, Unit AVIW0034 (perform non-pilot cockpit duties) was also successfully completed for the course; or
(b) a training course, administered by AIS, that supersedes, and is equivalent to, a course mentioned in paragraph (a).
equivalent qualification means a military, or overseas, qualification that has been approved in writing by CASA as being equivalent to the qualification attained by a person upon the satisfactory completion of a Certificate IV in Aviation (Air Crew Officer), as defined above.
operator, for this section, means an Australian air transport operator. Note that an assignment may also occur in a private operation of such an operator.
relevant control seat means a rotorcraft control seat that is equipped with fully, or partially, functioning dual controls.
trainee means an operator’s air crew member who is undergoing formal training, approved by the operator, for a Certificate IV in Aviation (Air Crew Officer).
(2) Under this subsection, the operator must ensure that, before making an assignment, as defined, the air crew member:
(a) holds a certificate, or a statement of attainment, evidencing satisfactory completion of a Certificate IV in Aviation (Air Crew Officer); or
(b) is a trainee; or
(c) holds an equivalent qualification (as defined above); and
(b) meets the operator’s training and checking requirements for air crew members or trainees (as applicable) under the operator’s training and checking system.
A Note explains that, in accordance with the terms of the definition of Certificate IV in Aviation (Air Crew Officer) in subsection (1), an air crew member who commences that Certificate after the commencement of this instrument must successfully complete Unit AVIW0034 (perform non-pilot cockpit duties). An air crew member who had previously completed that Certificate or who, as of the commencement of this instrument, was already undertaking the Certificate, is not required to have completed Unit AVIW0034.
(3) Under this subsection, the operator may only make an assignment for the purpose of the relevant air crew member performing one or more of the following duties on or for a rotorcraft:
(a) assisting the pilot in command in monitoring its flight path to avoid a collision;
(b) assisting the pilot in command in selecting a landing site;
(c) detecting obstacles during take-off and landing;
(d) assisting the pilot in command in relation to tasks associated with any of the following:
(i) navigation;
(ii) radiocommunications;
(iii) turning on and off, or tuning and identifying, radionavigation systems;
(e) assisting the pilot in command with checklist requirements;
(f) assisting the pilot in command in monitoring systems and instrumentation;
(g) undergoing training for a Certificate IV in Aviation (Air Crew Officer).
An added Note explains that under regulation 91.625 of CASR, it is an offence for a person to transmit on particular radio frequencies published in the AIP or NOTAM unless the person is authorised or qualified to do so.
(4) Under this subsection, a trainee may only be given an assignment involving a duty mentioned in subsection (3) for the purpose of training the trainee for that duty.
(5) Under this subsection, the operator’s exposition or operations manual (as applicable) must include such policies, risk assessments, management instructions, standard operating procedures, and training and checking procedures, as are needed to ensure that the requirements of this section are complied with, and the duties mentioned in subsection (3), including when performed by a trainee, are carried out safely.
Schedule 2 Amendments — CASA EX86/21
Schedule 2 mirrors Schedule 1 with amendments that are virtually identical, except that they apply to CASA EX86/21 for aerial work certificate holders.
[1] After section 3 — new section 3A
This amendment facilitates the creation of a table of contents for CASA EX86/21.
[2] Section 19
This amendment repeals section 19 and makes it a place holder only, as explained earlier.
[3] After section 24 — new section 25
This section inserts a new section 25, Requirements for air crew members, including the Certificate IV in Aviation (Air Crew Officer) — direction, into CASA EX86/21 for aerial work certificate holders.
The definitions and subsections are the same as for Schedule 1, but for an assignment of an air crew member to occupy a relevant control seat in the aerial work certificate holder’s rotorcraft during flight time in a private operation or an aerial work operation.
Appendix 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX74/22 – Amendment of CASA EX84/21 and CASA EX86/21 – Air Crew Members in Control Seats and Other Matters – Instrument 2022 (No. 1)
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
CASA EX84/21 and CASA EX86/21
Prior to 2 December 2022, CASA EX131/19 — Helicopter Aircrew Members Instrument 2019 (CASA EX131/19), required an “aircrew member” to hold a Certificate IV in Aviation (Air Crew Officer) (Cert IV) qualification before occupying the front seat of a helicopter. This was for the qualification prescribed by CASA for authorisations for the purposes of regulations 226 and 227 of the Civil Aviation Regulations 1988 (CAR). These regulations empowered CASA to, in effect, authorise certain persons to occupy a control seat of an aircraft. The regulations were repealed on 2 December 2021 by the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021. CASA EX131/19 was expressed to be repealed on 30 November 2022, but was impliedly repealed by the repeal of regulations 226 and 227 of CAR on 2 December 2021, meaning that its safety conditions were no longer in force.
Part 91 of CASR and the Part 91 Manual of Standards do not contain any similar qualification requirements to those in force up until the end of 1 December 2021. However, CASA understands that there was an industry expectation that the same Cert IV threshold safety qualification would still be required for air crew members before an operator could assign an air crew member to occupy a relevant control seat in the operator’s rotorcraft during flight time in a private operation or an Australian air transport operation (in the instrument described as an assignment).
In light of this, and to ensure continuation of the previous safety standard that was in place for assignment-like activity, the instrument contains CASA’s new direction that air crew members must hold the relevant Cert IV before being given an assignment. For CASA EX84/21 – Part 133 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX84/21), the direction is given to operators who are Australian air transport operators – rotorcraft. For CASA EX86/21 – Part 138 and Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 (CASA EX86/21), the direction is given to operators who are aerial work certificate holders.
Section 19 and foreign-registered aircraft
When Part 138 of CASR commenced, insufficient inspectorate, or operator, processes and procedures were in place to ensure that the issues around the operation of foreign‑registered aircraft in aerial work operations for longer than 90 consecutive days could be safely managed by the new regulation 138.025 approval process.
The direction in section 19 of CASA EX86/21 was issued to maintain the pre‑2 December 2021 status quo of requiring a safety agreement between CASA and the aircraft’s foreign NAA. CASA is now satisfied that there are documents, processes and procedures in place to ensure that an acceptable level of safety will be maintained under regulation 138.200, and that section 19 is no longer required and can be repealed.
Human rights implications
The legislative instrument may indirectly engage the following human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011:
- the right to life under Article 6 of the International Covenant on Civil and Political Rights
- the right to work under Article 6 of the International Covenant on Economic, Social and Cultural Rights.
This engagement is in the context of CASA’s statutory purpose. The aim of CASA and its regulatory framework is to uphold aviation safety by prescribing the conduct of individuals and organisations involved in civil aviation operations, including flight operations. It is, therefore, a threshold requirement for all CASA legislative instruments that they preserve, promote and enhance aviation safety.
CASA EX84/21 and CASA EX86/21
The instrument will preserve a legacy helicopter air crew member qualification for assignments which require a high degree of safety knowledge and awareness contributing to the overall efficiency and effectiveness of crew members in Australian air transport operations and aerial work operations under Part 133 and 138 of CASR, respectively.
Thus, while there may be a small operator or air crew member cost in obtaining the qualification, impacting in a marginal way on the right to work, the overall effect will be to enhance aviation safety.
Repeal of section 19
The repeal of section 19 from CASA EX86/21 will enhance the right to work during the prescribed 90 day default period. The need for an international safety agreement for deployment of a foreign-registered aircraft after that period may indirectly affect the right to work but is consistent with the rules that were in place before section 19 was repealed. The resulting regime is considered to be reasonable, necessary and proportionate in the interests of aviation safety.
Human rights implications
This legislative instrument is compatible with human rights and to the extent that it may indirectly engage certain rights it does so in a way that promotes the right to life through aviation safety. Any indirect limitation on the right to work, arises from measures that are considered to be reasonable, necessary and proportionate in the interests of aviation safety.
Conclusion
This legislative instrument is compatible with human rights.
Civil Aviation Safety Authority