CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025 - Legislation

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025

Purpose

The purpose of CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025 (the instrument) is to increase the availability of suitably qualified flight instructors who can provide flight training and entry control testing to other flight instructors or pilots and who are available to take up positions as head of operations of organisations that provide flight training.

The instrument does this by enabling flight instructors who hold a grade 1 training endorsement to train other flight instructors, and to assess and grant endorsements to other flight instructors and pilots, subject to a range of targeted conditions to ensure the flight instructors are competent to conduct those activities.

In particular, the instrument continues the operation of certain exemptions and approvals granted to flight instructors, Part 141 or 142 operators who employ flight instructors, and the head of operations of such operators, that were granted by an instrument that expires on 30 September 2025: see CASA EX64/22 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2022 (the expired instrument). That instrument:

(a) granted an exemption from certain requirements of the Civil Aviation Safety Regulations 1998 (CASR) to allow flight instructors who hold a grade 1 training endorsement to conduct flight training for a grade 2 training endorsement, design feature training endorsement, flight activity training endorsement or low-level training endorsement, despite not holding an instructor rating training endorsement; and

(b) granted related exemptions for certain operators and associated personnel who are required to ensure that those flight instructors are authorised under Part 61 of CASR to undertake the flight training concerned; and

(c) granted approval to such flight instructors who have successfully completed an instructor proficiency check and who have successfully completed certain flight examiner training, to carry out flight tests and grants of certain ratings and endorsements.

As those exemptions and approvals are still required, they are continued in effect in the same terms as those in the expired instrument, subject to one substantive change to allow certain additional activities conducted by a flight examiner to meet the instructor proficiency check requirement for the approval of flight instructors.

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.

Flight crew licensing and training endorsements

Part 61 of CASR establishes the licensing scheme for pilots and flight engineers of registered aircraft. Regulation 61.065 makes it an offence for the holder of a flight crew licence to conduct an activity while acting as an instructor or examiner if the person is not authorised under Part 61 to conduct the activity.

Subregulation 61.1175(1) of CASR authorises a flight instructor to conduct flight training mentioned in column 2 of an item in table 61.1235 of CASR only if the instructor also holds the endorsement mentioned in column 1 of the item.

Under regulation 61.1180 of CASR, a person must have a valid instructor proficiency check to exercise the privileges of the instructor rating.

Under Part 61 of CASR, the holder of a pilot instructor rating may apply for a training endorsement which permits them to conduct flight training for specific pilot authorisations.

Subregulation 61.1250(1) sets out the requirements for the grant of training endorsements, namely that applicant for an endorsement mentioned in an item in table 61.1235 must hold an instructor rating and each other licence, rating or endorsement (if any) mentioned in column 3 of the item. Subregulation 61.1250(2) provides that the applicant must also have met any aeronautical experience requirements in column 3 of the item, completed flight training for the endorsement, passed the flight test mentioned in the Part 61 Manual of Standard (the Part 61 MOS) for the endorsement and, in the case of an applicant for a multi-crew pilot training endorsement, completed an approved course of training in multi-crew co-operation.

Privileges of training endorsements

Subregulation 61.1240(1) sets out the privileges of training endorsements. The holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct the activities mentioned in column 2 of the item and grant an endorsement mentioned in column 2 of the item that does not require a flight test. This is subject to Subpart 61.E, which sets out certain limitations that apply to all pilot licences, and ratings and endorsements on pilot licences.

Subregulation 61.1245(1) sets out general limitations on the exercise of privileges of training endorsements. In particular, the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in an aircraft only if the holder is authorised to exercise the privileges of each licence, rating or endorsement mentioned in column 3 of the item in the aircraft.

Subregulation 61.1245(2) provides that the holder of an endorsement mentioned in column 1 of an item in table 61.1235 is authorised to conduct an activity mentioned in column 2 of the item in a flight simulation training device only if the holder holds each licence, rating or endorsement mentioned in column 3 of the item.

Exemptions

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) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.

Under subregulation 11.175(4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

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.

Approvals

Regulation 61.040 of CASR empowers CASA to grant approvals for the purpose of specified provisions of Part 61 of CASR. Relevantly for this legislative instrument, Part 61 contemplates approvals under regulation 61.040 in relation to the following matters:

(a) the conduct of a flight test for a licence, rating or endorsement (subregulation 61.245(3))

(b) the grant of certain flight crew ratings and flight crew endorsements (subregulation 61.150(7)).

Under regulation 11.015 of CASR, an approval of this type is an authorisation under Part 11 of CASR, with Subpart 11.BA of CASR applying to the authorisation.

Regulation 11.055 sets out criteria that apply to CASA when granting an authorisation. Regulation 11.056 provides that an authorisation may be granted subject to any condition that CASA is satisfied is necessary in the interests of the safety of air navigation. Under regulation 11.077, a person commits an offence of strict liability (with a penalty of 50 penalty units) if the person breaches a condition of an authorisation.

Incorporation of a document by reference

Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, 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.

Background

Background to the expired instrument

After the commencement of Part 61 of CASR in 2014, it became apparent that certain barriers hampered the efficient conduct of flight training and entry control testing, and led to a decline in the numbers of suitably qualified flight instructors who can provide those services to other flight instructors or pilots and who are available to take up positions as head of operations of organisations that provide flight training.

Under Part 61 of CASR, the holder of a pilot instructor rating may apply for a training endorsement which permits them to conduct flight training for specific pilot authorisations.

One of the endorsements mentioned in table 61.1235 of CASR is the grade 1 training endorsement, which authorises:

(a) activities authorised by a grade 2 training endorsement; and

(b) the supervision of holders of grade 2 and grade 3 training endorsements in the conduct of flight training in an aircraft of the specified category.

The requirements for a grade 1 training endorsement are:

(a) holding a commercial pilot licence or air transport pilot licence with the specified aircraft category rating; and

(b) holding a grade 2 training endorsement; and

(c) having at least 500 hours of flight time conducting initial flight training in an aircraft of the specified category.

A grade 2 training endorsement authorises:

(a) activities authorised by a grade 3 training endorsement; and

(b) approving a student pilot to conduct a solo flight in an aircraft of the specified category; and

(c) conducting flight training for an aircraft class rating for aircraft of the specified category and assessing a knowledge deficiency report for the grant of a pilot licence or rating.

The requirements for a grade 2 training endorsement are:

(a) holding a commercial pilot licence or air transport pilot licence with the specified aircraft category rating; and

(b) holding a grade 3 training endorsement; and

(c) having at least 200 hours of flight time conducting initial flight training in an aircraft of the specified category.

Item 14 of table 61.1235 in regulation 61.1235 of CASR authorises a flight instructor to conduct flight training for a flight instructor rating, simulator instructor rating or training endorsement in an aircraft of a specified category if they hold an instructor rating training endorsement for the category.

As noted, the grant of grade 1 training endorsement permits the supervision of grade 2 and grade 3 training endorsement holders. Grade 1 training endorsement holders usually have operational and instructional experience that far exceeds that of grade 2 training endorsement holders including in areas of assessment and attending to challenging training cases. However, the grade 1 training endorsement privileges do not reflect the responsibilities that would normally be associated with these instructors.

As there are minimal differences between the grade 1 and grade 2 training endorsements (apart from higher experience levels and the additional privilege of supervision), there is a diminished incentive for flight instructors to seek a grade 1 training endorsement. This is believed to be one of the reasons for the diminishing availability of suitably qualified flight instructors to become the head of operations for Part 141 operators. Another disincentive is the additional requirements these instructors need to complete in order to gain additional training endorsements to allow them to conduct a wider scope of training and assessments.

The expired instrument sought to address those shortfalls by expanding the privileges for grade 1 training endorsement holders, subject to a range of targeted conditions. This was expected to encourage more uptake of grade 1 training endorsements and support the retention of experienced instructors in the flight training industry, streamline the pathway for grade 1 training endorsement holders to attain flight examiner ratings and provide better flexibility and efficiency, and reduce barriers and burdens, for flight training.

Background to the continuation of the exemptions and approvals in the expired instrument

When the expired instrument was being developed, consultation with industry disclosed an expectation that the expired instrument would continue in effect until a policy review was conducted as part of the introduction of Part 61 of CASR, and any required changes could be made to CASR, eliminating the need for separate exemptions and approvals.

The instrument continues the effect of the exemptions and approvals included in the expired instrument as they are still required to remove disincentives for flight instructors to seek a grade 1 training endorsement.

The instrument contains one substantive change from the expired instrument, in paragraph 6(1)(b).

The requirement in regulation 61.1180 of CASR that a person must have a valid instructor proficiency check to exercise the privileges of the instructor rating is usually met by completing an ‘FPC’ (that is, the activity conducted by the flight examiner with a flight instructor rating flight test endorsement), but regulation 61.1180 provides other ways in which a person may be taken to have a valid instructor proficiency check, namely:

(a) passing the flight test for the rating;

(b) passing the flight test for a training endorsement;

(c) completing an operator proficiency check conducted by a flight examiner with flight instructor rating flight test endorsement;

(d) participating in a training and checking system with specific approval.

Under the expired instrument, the holder of a grade 1 training endorsement who met the requirements of section 6 of the instrument could conduct the flight test for, and grant, a training endorsement. Because passing the flight test for a training endorsement meets the requirements to have a valid instructor proficiency check under regulation 61.1180 of CASR, it is possible for a grade 1 instructor to continue to have a valid instructor proficiency check without being assessed by a flight examiner (by periodically completing a new training endorsement).

To give effect to the policy intent that grade 1 instructors conducting assessments be regularly assessed by an examiner, paragraph 6(1)(b) of the expired instrument required a grade 1 training endorsement holder seeking to assess and grant nominated ratings and endorsements to have successfully completed an instructor proficiency check (an activity conducted by a flight examiner holding a flight instructor rating flight test endorsement) within the previous 24 months.

It is proposed that better effect can be given to the policy by permitting other activities that are taken to the be equivalent of a valid instructor proficiency check to satisfy the preconditions for approval of a flight instructor, provided they are completed by an examiner with the flight instructor rating flight test endorsement. The instrument does this by providing that a person could also meet the requirement in paragraph 6(1)(b) by passing the flight test for an additional training endorsement where this is done by an appropriately qualified examiner. This will give more flexibility to industry and better reflect the underlying policy of the expired and current instruments. A person would continue to not meet the requirement where the flight test was conducted by the holder of a grade 1 training endorsement under the expired instrument or the instrument.

Overview of instrument

The instrument continues the operation of the following:

(a) an exemption from certain requirements of CASR, to allow flight instructors who hold a grade 1 training endorsement to conduct flight training for a grade 2 training endorsement, design feature training endorsement, flight activity training endorsement or low‑level training endorsement, despite not holding an instructor rating training endorsement;

(b) related exemptions for certain operators and associated personnel who are required to ensure that those flight instructors are authorised under Part 61 of CASR to undertake the flight training concerned;

(c) the approval of such flight instructors who have successfully completed an instructor proficiency check or its equivalent, and who have successfully completed certain flight examiner training, to carry out flight tests and grants of certain ratings and endorsements.

A range of targeted conditions will apply to ensure that the flight instructor is competent to conduct those activities.

The instrument continues the exemptions and approvals in the expired instrument, subject to including additional ways to meet the instructor proficiency check requirement in regulation 61.1180 of CASR, by requiring the person to have a valid instructor proficiency check or its equivalent under regulation 61.1180 where the activity was conducted by a flight examiner rating holder with the instructor rating flight test endorsement.

CASA has assessed the impact on aviation safety of the instrument and is satisfied that it will not adversely impact the safety of pilots or aircraft operations as flight instructors who would be acting under the instrument are experienced in training pilots or other instructors. Assessment of competency is a fundamental capability of all instructors, and by holding the grade 1 training endorsement, the flight instructors have demonstrated their ability to assess trainees undergoing training. What they have not covered in their training is the administration aspects of conducting tests and granting authorisations. Even though the flight instructor could be conducting a flight test for a training endorsement which they themselves only recently attained, it should be noted that the core competency of the grade 1 training endorsement includes the ability to assess trainee competency. These flight instructors will continue to be required to comply with the general competency rule in regulation 61.385 of CASR and ensure they are competent to conduct the activity in an aircraft. They will also be required to comply with the range of targeted conditions in the instrument that CASA is satisfied will maximise safety outcomes.

Document incorporated by reference

The instrument incorporates the whole of the Flight examiner rating course, which is the course in respect of which the e-learning modules are required to be successfully completed by a flight instructor seeking the benefit of the approvals in section 6. It is included under paragraph 6(1)(c) of the instrument as the course prepared by CASA, as existing from time to time.

In accordance with subsection 98(5D) of the Act, the Flight examiner rating course is incorporated as it exists from time to time.

The details of this course are, as specified in the note to paragraph 6(1)(c) of the instrument, freely available on the internet at: <https://www.casa.gov.au/licences-and-certificates/flight-examiners/flight-examiner-rating-course>.

Content of instrument

Section 1 gives the instrument its name.

Section 2 provides that the instrument commences on 1 October 2025 and is repealed at the end of 30 September 2028.

Section 3 sets out the definitions for the instrument which are mostly terms defined in or otherwise deriving meaning from Part 61 of CASR.

Subsection 4(1) exempts a flight instructor who holds a grade 1 training endorsement from compliance with subregulation 61.065(1) of CASR (when taken together with subregulation 61.1175(1) as it relates to item 14 of table 61.1235) to the extent that the flight instructor may conduct the following kinds of flight training in relation to the holder of a flight instructor rating without holding an instructor rating training endorsement:

(a) flight training for a grade 2 training endorsement;

(b) flight training for a training endorsement of a kind mentioned in column 1 of item 7, or items 16 to 22, of table 61.1235.

The first note to subsection 4(1) confirms that the effect of the exemption is that the flight instructor may conduct the training mentioned despite not holding an instructor rating training endorsement. The second note specifies all of the training endorsements mentioned in paragraph 4(1)(b).

Under subsection 4(1), for the exemption to apply, the person receiving the training must hold a flight instructor rating. Under subsection 4(2), the exemption in paragraph 4(1)(b) is also subject to the condition that the flight instructor conducting the training must hold the same kind of training endorsement as that for which the flight training is conducted.

Section 5 provides for related exemptions for Part 141 and 142 operators and associated personnel who are required to ensure that those flight instructors are authorised under Part 61 of CASR to undertake the flight training concerned. It exempts Part 141 and 142 operators (and their heads of operations) who employ such flight instructors, from provisions (for example, regulations 141.175 and 142.230 and subparagraphs 141.130(4)(b)(i) and 142.190(2)(n)(i)) that require them to ensure that the flight instructor, in conducting the flight training concerned, is authorised under Part 61 to do so. Section 5 is included to avoid doubt as to whether the exemption of a flight instructor under section 4 of the instrument constitutes an authorisation under Part 61 of CASR. For example, under regulation 141.175 of CASR, a Part 141 operator commits an offence if a flight instructor for the operator conducts authorised Part 141 flight training without being authorised under Part 61 to do so. Section 5 ensures that the Part 141 operator will not commit that offence because they will be exempt from that provision in the way mentioned.

Subsection 6(1) sets out the preconditions for the approval of flight instructors under subsections 6(2) and (3). These are that the flight instructor must hold a grade 1 training endorsement, must have successfully completed an instructor proficiency check or its equivalent and must have successfully completed the e-learning modules of the Flight examiner rating course.

Paragraph 6(1)(b) of the instrument departs from the equivalent paragraph of the expired instrument. Subparagraph 6(1)(b)(i) requires the flight instructor to have successfully completed an instructor proficiency check, which was a requirement for approval under the expired instrument, but subparagraphs 6(1)(b)(ii), (iii) and (iv) reflect paragraphs 61.1180(2)(a), (b) and (c) of CASR, in that they specify other ways in which the holder of a flight instructor rating is taken to have a valid instructor proficiency check if the activity is conducted by a flight examiner rating holder with the required flight test endorsement.

Under subsection 6(2) of the instrument, such a flight instructor is approved, under regulation 61.040 of CASR, for the purposes of subregulation 61.245(3), to conduct a flight test for the grant of an authorisation mentioned in column 1 of Table 1 in relation to the holder of a pilot licence.

Under subsection 6(3) of the instrument, the flight instructor is also approved, under regulation 61.040 of CASR, for the purposes of subregulation 61.150(7), to grant an authorisation mentioned in column 1 of Table 1 of the instrument in relation to the holder of a pilot licence.

Subsection 6(4) imposes conditions in relation to the approvals.

Under paragraph 6(4)(a), the flight instructor must hold the authorisations mentioned in column 2 of Table 1 relating to the authorisation in column 1 of that table.

Under paragraph 6(4)(b), the flight instructor must not conduct the flight test, or grant the authorisation unless:

(a) the flight instructor is employed or engaged by a Part 141 or Part 142 operator who is authorised to conduct flight training of the kind to which the authorisation relates; and

(b) the Part 141 or 142 operator has approved the flight instructor to conduct flight training of that kind.

Under paragraph 6(4)(c), the flight instructor must comply with the following requirements and obligations of Part 61 of CASR in respect of the flight test as if the instructor were a flight examiner:

(a) subregulation 61.1275(2), which authorises a flight instructor to conduct a flight test for a rating on a pilot licence only if, when the flight test is conducted, the flight instructor meets the recent experience requirements mentioned in Part 61 for the exercise of the privileges of the rating;

(b) subregulation 61.1275(3), which authorises a flight instructor to conduct a flight test for an endorsement on a pilot licence only if, when the flight test is conducted, the flight instructor meets the recent experience requirements mentioned in Part 61 for the exercise of the privileges of the rating to which the endorsement relates;

(c) paragraphs 61.1280(2)(e), which authorise a flight instructor to conduct a flight test for a rating on a pilot licence (other than an instrument rating, night vision imaging system rating, aerial application rating or instructor rating) only if, when the flight test is conducted, the flight instructor meets the flight review requirements for the rating;

(d) regulation 61.1295, consisting of:

subregulation 61.1295(1), which requires the flight instructor conducting the flight test to be nominated by the applicant’s training provider under subregulation 61.245(3) or by CASA under subregulation 61.245(4);
subregulation 61.1295(3), which requires the flight instructor to conduct the flight test in accordance with the standards in the Part 61 MOS and assess the applicant against the competency standards for the flight test in the Part 61 MOS;
subregulation 61.1295(4), which requires the flight instructor to advise the applicant and the applicant’s Part 141 or 142 operator of the results of the flight test including reasons for any failure in an element of the flight test, and, within 14 days, to provide a report of the results to the applicant, their Part 141 or 142 operator and CASA;
subregulation 61.1295(5), which requires the flight instructor to give CASA at least 24 hours prior notice of an intention to conduct the flight test;

(e) subregulation 61.1300(4), which provides that the flight instructor must not begin a flight test unless satisfied that the applicant has passed the aeronautical knowledge examination for the rating or endorsement and has met the flight training and aeronautical experience requirements for the grant of the rating or endorsement;

(f) subregulation 61.1300(5), which provides that the flight instructor must not begin a flight test unless satisfied that the applicant holds a current class 1 or 2 medical certificate or recreational aviation medical practitioner’s certificate or a medical exemption for the exercise of the privileges of the rating.

The provisions of Part 61 of CASR as applied to flight instructors by paragraph 6(4)(c) of the instrument constitute conditions imposed under regulation 11.056, contravention of which is a strict liability offence under regulation 11.077 of CASR attracting a maximum penalty of 50 penalty units. This is to be contrasted with a contravention of those provisions by a flight examiner which would attract a penalty for the flight examiner as specified in the provision concerned (also being a maximum penalty of 50 penalty units).

Table 1 in the instrument sets out the authorisations for which flight tests may be conducted and that may be granted and the corresponding authorisations that the flight instructor must hold in order to carry out those flight tests and grants of authorisations.

Legislation Act 2003

Paragraph 98(5A)(a) of the Act provides that the regulations may empower CASA to 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 exemptions in the instrument apply in relation to a specified class of persons, namely flight instructors who hold grade 1 training endorsements. 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

As the instrument relates to aviation safety and is made under CASR, 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 addition, this instrument will be repealed at the end of 30 September 2028, 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

Significant consultation was conducted during the development and drafting of the expired instrument. Industry feedback was sought in relation to a draft of the expired instrument in August 2022 in accordance with the requirements of section 17 of the LA. Forty-three responses were received, mostly from flight instructors and flight examiners, pilots and flight training operators and were taken into account by CASA in revising the instrument before it was made.

As CASA undertook comprehensive consultation during the development and making of the expired instrument, and the instrument renews the expired instrument with only a minor change, no further consultation for section 17 of the LA is considered appropriate or necessary for the remake of the instrument in substantially the same terms.

The proposed departure from the expired instrument, to allow certain additional activities conducted by a flight examiner to meet the instructor proficiency check requirement, is minor, beneficial to industry, and does not amount to a policy change. In fact the proposed change brings the exemption closer to the original intent of the expired instrument as consulted.

Sector risk, 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.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument;

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements;

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government;

(d) a valuation of the impact the different requirements 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; and

(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow‑on effects to other aviation businesses, or local non-aviation businesses that experience a change in their activity due to the instrument.

As the instrument replaces an expiring instrument with the same (or largely the same) provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.

The instrument is anticipated to continue to have a positive impact on flight instructors. It will continue to create better career pathways through the flight instructor grades and will provide expanded privileges for grade 1 training endorsement holders. This will likely lead to increased work. The instrument will continue to reduce the burden on grade 1 training endorsement holders who would otherwise need to spend considerable time and money to get a flight examiner rating to conduct assessment activities.

Impact on categories of operations

The instrument will continue to positively impact the flight training and general aviation industry segments by increasing access to personnel who can conduct training and assessment activities.

Flight training operators are likely to continue to benefit from the increased numbers of personnel capable of conducting training and assessment activities. To obtain that benefit, operators that conduct training for the grade 1 training endorsement will need to ensure their training course includes training that ensures the applicant can deliver the additional training associated with the expanded privileges such as training for the applicant to deliver grade 2 training endorsement training, general training in the delivery of flight instructor training, training in assessment of competency for the issue of an endorsement and the administrative matters relating to the issue of endorsements.

The instrument will also reduce the burden on flight examiners by expanding the pool of persons who can conduct certain assessment activities.

Smaller operators conducting specialised operations and small-volume training activities are likely to continue to see cost saving benefits, due to the opportunity to upskill instructors in‑house and conduct an expanded range of training and assessment activities.

There is expected to be limited or no impact on larger commercial operators.

The instrument will continue the positive impacts for trainee pilots as there will be an increased number of persons available to conduct certain training and assessment activities. This will also likely lead to decreased costs and may allow them to complete their training course more quickly.

Impact on regional and remote communities

The instrument is not likely to have a specific impact on operators in regional or remote communities in Australia.

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 1 October 2025 and is repealed at the end of 30 September 2028.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025

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 purpose of the legislative instrument is to increase the availability of suitably qualified flight instructors who can provide flight training and entry control testing to other flight instructors or pilots and who are available to take up positions as head of operations of organisations that provide flight training.

The legislative instrument does this by enabling flight instructors who hold a grade 1 training endorsement to train other flight instructors and to assess and grant endorsements to other flight instructors and pilots, subject to a range of targeted conditions to ensure the flight instructors are competent to conduct those activities.

In particular, the legislative instrument continues the operation of certain exemptions and approvals granted to flight instructors, Part 141 or 142 operators who employ flight instructors, and the head of operations of such operators, that were granted by an instrument that expires on 30 September 2025: see CASA EX64/22 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2022. That instrument:

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

CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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