Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2009

Overview

The Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2009 amends the Civil Aviation Order 20.16.3, which was initially enacted to establish guidelines for the carriage of persons on board an aircraft, including the allocation of emergency exit row seating. This legislative instrument was introduced to address inconsistencies with the Disability Discrimination Act 1992 (DDA), specifically in relation to language that appeared to mandate direct disability discrimination. The objective of the amendment is to remove outdated terminology and clarify exiting instructions to airline operators, ensuring that the regulations align with the requirements of the DDA. This amendment was enacted by the Australian Government under the authority of the Civil Aviation Act 1988, with consultation involving the Aviation Access Working Group (AAWG), the Attorney-General, and the Minister for Infrastructure, Transport, Regional Development and Local Government. The amendment was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act.

Scope and Application

The Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2009 pertains to the Civil Aviation Act 1988 and its associated regulations, specifically targeting the Civil Aviation Order 20.16.3 which governs the carriage of persons on board aircraft. The amendment aims to ensure that the language and directives within the CAO do not contravene the Disability Discrimination Act 1992 by removing outdated terms and clarifying exiting instructions to airline operators. The amendment applies to all entities involved in the carriage of passengers on aircraft within Australia, including airlines and aircraft operators, and ensures that any safety-related seating allocations do not discriminate against individuals with disabilities. The amendment is a legislative instrument subject to parliamentary oversight under the Legislative Instruments Act. It has been developed following consultation with the Aviation Access Working Group, and endorsed by relevant ministers, and it comes into effect on the day after registration, reflecting the urgent need to align aviation safety protocols with anti-discrimination laws.

Key Provisions

The main operative sections of the Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2009 pertain to the amendment of Civil Aviation Order 20.16.3 under the Civil Aviation Act 1988. This amendment is made to align the existing regulations concerning the carriage of persons on board an aircraft, particularly the seating allocation in emergency exit rows, with the Disability Discrimination Act 1992. The objective is to update the language used in the order to be more inclusive and to clarify instructions for airline operators. The key changes include removing references to “handicapped persons” and ensuring that the language used in the order is non-discriminatory and clear, thereby addressing any potential inconsistencies with the DDA. The changes are made under subregulation 208(1) of the Civil Aviation Regulations 1988, which empowers CASA to issue such directions in the form of Civil Aviation Orders (CAOs). The obligations and requirements imposed by this Act on the parties or entities it governs primarily focus on ensuring compliance with both the Civil Aviation Act 1988 and the Disability Discrimination Act 1992. Airline operators must adhere to the updated instructions and requirements set forth in CAO 20.16.3, ensuring that the seating of passengers, especially those seated in emergency exit rows, meets the safety and inclusivity standards. This includes having procedures in place to assess the physical competence of passengers seated in emergency exit rows and ensuring that any language used in passenger information and boarding procedures is clear and non-discriminatory. The amendment aims to ensure that the regulations are consistent with the principles of the DDA, thereby preventing any form of direct disability discrimination. Any breaches of the Civil Aviation Order 20.16.3 Amendment Order (No. 1) 2009 may result in civil or criminal consequences depending on the nature and severity of the breach. Although the explanatory statement does not specify detailed penalties, violations of civil aviation regulations generally attract fines, and more serious breaches could lead to criminal charges. Under the Civil Aviation Act 1988, penalties can range from fines to imprisonment, depending on the offence and the discretion of the court. For instance, offences related to the safety of air navigation can result in significant penalties, reflecting the high stakes involved in ensuring compliance with aviation safety regulations. The specific penalties would be determined by the court based on the particulars of each case, but the potential for severe penalties underscores the importance of adherence to the regulations.