Statement of Expectations for Airservices Australia from 1 July 2023 to 30 June 2025

Overview

The Statement of Expectations for Airservices Australia from 1 July 2023 to 30 June 2025, issued by the Minister for Infrastructure, Transport, Regional Development and Local Government, outlines the Minister's expectations for Airservices Australia over the specified period under subsection 17(1) of the Air Services Act 1995. The Act, enacted in 1995, was introduced to regulate the provision of air services and to establish a framework for the oversight of air navigation service providers, including Airservices Australia. The primary objective is to ensure that Airservices Australia performs its functions effectively and in line with strategic direction set by the Minister. The Statement of Expectations is a legislative instrument that replaces the current one issued on 21 June 2021 and addresses areas such as governance, strategic direction, service levels, key initiatives, and stakeholder engagement. Airservices Australia is required to comply with relevant legislation, maintain communication with the Minister and the Department, and provide regular progress reports and updates on material risks and events impacting its operations.

Scope and Application

The Statement of Expectations (SoE) issued under subsection 17(1) of the Air Services Act 1995 applies to Airservices Australia, which is expected to comply with the Minister's views on its appropriate strategic direction and manner of performing its functions. This SoE, which outlines the Minister's expectations for Airservices from 1 July 2023 to 30 June 2025, encompasses various aspects such as governance, strategic direction, service levels, key initiatives, and stakeholder engagement. Airservices is required to adhere to relevant legislation and maintain communication with the Minister and the Department regarding its actions and any significant events or issues impacting its operations. As a legislative instrument, this SoE is not subject to disallowance, as stipulated in the Legislation (Exemptions and Other Matters) Regulation 2015. The scope of this legislation is specifically targeted at Airservices Australia, a Commonwealth entity responsible for providing air traffic services and aviation rescue and fire-fighting services. The SoE applies nationally, as it pertains to the overarching management and strategic direction of Airservices, which operates across the entire Australian airspace. There are no specific exclusions or thresholds outlined in this SoE, but it does provide detailed expectations across various operational and strategic areas. The SoE may be further extended or restricted through subordinate instruments, but as per the current legislative framework, it stands as a comprehensive directive for Airservices' operations and strategic direction for the specified period.

Key Provisions

The Statement of Expectations (SoE) for Airservices Australia, issued by the Minister for Infrastructure, Transport, Regional Development and Local Government under subsection 17(1) of the Air Services Act 1995, provides the strategic direction and manner of performance for Airservices Australia over the period from 1 July 2023 to 30 June 2025. This SoE outlines specific expectations for governance, strategic direction, service level, key initiatives and stakeholder engagement, replacing the previous SoE issued on 21 June 2021. The Minister’s expectations are detailed in sections that cover governance (Section 2), strategic direction and manner of performance (Section 3), service level (Section 4), key initiatives (Section 5) and stakeholder engagement (Section 6). Airservices Australia is expected to comply with relevant legislation and maintain communication with the Minister and the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts. The governance section (Section 2) specifies expectations for the Board and the Chief Executive Officer, including effective management of resources, risks, corporate planning, and operations. Airservices is required to provide quarterly progress reports to the Minister and the Department, and to invite them to an annual strategic meeting. The strategic direction and manner of performance section (Section 3) articulates expectations regarding Airservices' strategic direction, statutory requirements, financial monitoring, and international obligations. The service level section (Section 4) sets expectations for the delivery of air traffic and aviation rescue fire fighting services in accordance with the Civil Aviation Safety Regulations 1998. Key initiatives (Section 5) outline specific projects that Airservices should focus on, while the stakeholder engagement section (Section 6) emphasises the importance of effective communication and engagement with stakeholders, including timely updates on disruptions and corrective actions. The Statement of Expectations imposes specific obligations on Airservices Australia to adhere to the outlined expectations and to keep the Minister and the Department informed of its actions. Airservices is required to manage its resources, risks, and operations effectively, and to provide regular updates on its performance against the Corporate Plan and the SoE. It must also consult with the Minister and the Department on material risks, events, and issues, and invite them to an annual strategic meeting. In terms of service level, Airservices must deliver services in accordance with relevant legislation and regulations. It is also expected to focus on key initiatives as outlined in the SoE and to engage productively with stakeholders, keeping them informed of critical information and actions taken. Breaches of the obligations set out in the SoE could have serious consequences. Although the specific offences and penalties are not detailed in the SoE itself, non-compliance with the Air Services Act 1995 and associated regulations could lead to civil or criminal penalties. The maximum penalties for breaches of aviation safety regulations, for example, can include substantial fines and imprisonment for individuals. Airservices Australia is also subject to potential reputational damage and loss of public trust if it fails to meet the expected standards of service and governance. As the SoE is a legislative instrument not subject to disallowance, failure to adhere to its requirements could result in further ministerial direction or intervention.