EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 373
ISSUED BY THE AUTHORITY OF THE MINISTER FOR TELECOMMUNICATIONS AND AVIATION SUPPORT
CIVIL AVIATION ACT 1988
Civil Aviation Regulations (Amendment)
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed for carrying out or giving effect to the Act.
Formerly regulation 114 of the Civil Aviation Regulations (CARs) specified the criteria a person had to meet prior to that person being granted a flight service officer licence. Regulation 117 further provided that the Civil Aviation Authority (the Authority) could, in the interests of safety of air navigation, require the holder of a flight service officer licence to demonstrate his or continued fitness where it seemed necessary to do so.
Following negotiations with the Professional Radio and Electronics Institute of Australasia (the association which represents flight service officers) CARs 114 and 117 were amended to place an obligation on a person and his or her
medical practitioner(s) or other relevant person to disclose to the Authority information that may have a bearing on whether the person should be granted or continue to hold a flight service officer licence or rating.
Regulation 1 of these regulations amended regulation 114 of the CARs by substitution of a new paragraph (b) and adding at the end 2 new subregulations.
New paragraph (b) provides that the relevant medical standards a person must meet prior to being granted a flight service officer licence are those specified by the Authority in Civil Aviation Orders.
New subregulation 114(2) specifies certain circumstances where a person does not meet the relevant medical standards. These circumstances include: failure to submit to any relevant examination, failure to inform the approved person conducting the examination if the person has undergone the same kind of examination for this purpose, failure to produce the results of such an examination, failure to answer questions necessary for determining whether the person meets the relevant medical standards or failure to authorise disclosure of information concerning the person that is within the knowledge of any hospital or other medical organisation, medical practitioner or a person other than a medical practitioner.
New subregulation 114(3) defines the term “relevant examination” for the purposes of the section.
Regulation 2 of the regulations repeals and substitutes regulation 117 of the CARs.
New subregulation 117(1) provides that the Authority may, in the interests of safety, require the holder of a flight service officer licence or rating to prove his or her continued fitness or proficiency. In this respect the Authority may require the holder of such a licence to do one or more of the following: undergo a relevant or other examination relating to fitness or proficiency, authorise disclosure of information within the knowledge of any medical practitioner or any person who has carried out an examination of a kind considered to be a relevant examination or disclosure of any information held by a hospital or other medical organisation pertaining to whether the person meets the relevant medical standards.
New subregulation 117(2) defines the term “relevant examination” for the purposes of subregulation(1).
Regulation 3 of the regulations amends regulation 265 of the CARs. This amendment is consequential upon the amendments made to regulations 114 and 117.
These Regulations commenced on the date of notification in the gazette.
Overview
The Civil Aviation Regulations (Amendment) 1997 (Statutory Rules 1988 No. 373) were enacted to address the need for updated criteria and requirements for flight service officers' licences under the Civil Aviation Act 1988. This legislative amendment was issued by the authority of the Minister for Telecommunications and Aviation Support and was designed to enhance safety standards in civil aviation by clarifying the responsibilities of individuals and medical practitioners in the certification process. The regulations were developed following consultations with the Professional Radio and Electronics Institute of Australasia, which represents flight service officers. The policy objective was to ensure that the Civil Aviation Authority could effectively manage the fitness and proficiency of licence holders through stringent medical and examination standards. These changes were aimed at maintaining high safety standards in the aviation sector by ensuring that all relevant information is disclosed and that individuals meet the necessary medical criteria before being granted or continuing to hold a flight service officer licence.
Scope and Application
The Civil Aviation Regulations (Amendment) Statutory Rules 1997 amend the Civil Aviation Regulations (CARs) to address the criteria for granting and maintaining flight service officer licences under the Civil Aviation Act 1988. These amendments apply to individuals seeking to obtain a flight service officer licence as well as those who currently hold such a licence. The amendments place an obligation on applicants and their medical practitioners or other relevant persons to disclose to the Civil Aviation Authority any information that may affect the granting or continuation of the licence. This includes the necessity of meeting specified medical standards, which are now outlined in Civil Aviation Orders, and the requirement to undergo relevant examinations and answer questions pertinent to determining the applicant’s fitness. The new regulations also empower the Authority to demand evidence of continued fitness or proficiency from licence holders to ensure the safety of air navigation. These regulations have a national reach, applying across Australia as they are made under the authority of the Civil Aviation Act 1988, which is a Commonwealth Act. The regulations came into effect on the date of notification in the gazette and include provisions for subordinate instruments to further define certain terms and procedures.
Key Provisions
The primary amendments to the Civil Aviation Regulations (CARs) as set out in these statutory rules concern regulations 114 and 117, and consequentially regulation 265, relating to the criteria for granting and maintaining a flight service officer licence (section 1). Regulation 114 now specifies that the relevant medical standards a person must meet before being granted a flight service officer licence are those outlined in Civil Aviation Orders (section 1(b)). Additionally, it includes subregulation 114(2), which enumerates circumstances where a person may be deemed not to meet the required medical standards, such as failure to submit to an examination, failure to inform the examiner if they have previously undergone a similar examination, failure to produce the results of such an examination, failure to answer questions relevant to determining their fitness, or failure to authorise the disclosure of relevant information from medical sources (section 1(2)). Subregulation 114(3) defines "relevant examination" for these purposes (section 1(3)).
Regulation 2 substitutes regulation 117, imposing an obligation on the Civil Aviation Authority (the Authority) to ensure the continued fitness of holders of flight service officer licences or ratings (section 2(1)). The Authority may require these holders to undergo relevant examinations, authorise the disclosure of information from medical practitioners or organisations, or provide other evidence of their continued fitness or proficiency (section 2(1)). Subregulation 117(2) defines "relevant examination" for the purposes of this subsection (section 2(2)). Regulation 3 makes a consequential amendment to regulation 265 (section 3).
The Civil Aviation Regulations impose several obligations on individuals applying for a flight service officer licence and on those who already hold such a licence. Applicants must meet the specified medical standards, which entails submitting to relevant examinations, providing necessary information, and authorising the disclosure of relevant medical information (section 1(2)). Licence holders must demonstrate their continued fitness or proficiency as required by the Authority, including undergoing examinations and allowing the disclosure of relevant information from medical sources (section 2(1)). Failure to comply with these obligations can result in the refusal to grant a licence or the revocation of an existing licence.
The regulations do not explicitly outline specific offences or penalties within the statutory rules themselves. However, the Civil Aviation Act 1988 provides a framework for enforcing compliance with the Act and its regulations. Generally, breaches of the Civil Aviation Regulations can lead to civil penalties, including fines, as well as criminal penalties, which may include imprisonment, depending on the severity and nature of the breach. The maximum penalties for civil and criminal offences would be determined in accordance with the relevant provisions of the Civil Aviation Act 1988 and other applicable laws.