Statement of Expectations for the Civil Aviation Safety Authority from 1 July 2023 to 30 June 2025

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

Legislation au F2023L00920 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Statement of Expectations for the Civil Aviation Safety Authority from 1 July 2023 to 30 June 2025

 

Issued by the Minister for Infrastructure, Transport,

Regional Development and Local Government

 

Civil Aviation Act 1988

 Outline

This Statement of Expectations (SoE) is issued by the Minister as a notice under section 12A of the Civil Aviation Act 1988 (the Act) addressed to the Board of the Civil Aviation Safety Authority (CASA).

Section 12A of the Act provides that the Minister may notify the Board of CASA in writing of the Minister’s views on CASA’s strategic direction and the manner in which it should perform its functions.

This SoE outlines the Minister’s expectations of CASA during the period 1 July 2023 to 30 June 2025.

The SoE emphasises the need for CASA to perform its functions in a manner that supports Government policy, including that aviation safety remains the highest priority. CASA is also expected to comply with relevant legislation and to keep me and the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) informed of CASA’s activities.

The SoE addresses CASA’s governance, strategic direction and manner of performance, key initiatives and stakeholder engagement.

CASA was consulted as this SoE was being finalised.

Details of the SoE are set out in Attachment.

Section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 provides that notices given under section 12A of the Act which are legislative instruments under the Legislation Act 2003 are not subject to disallowance.

 

Authority: Section 12A of the Civil Aviation Act 1988 


ATTACHMENT

Details of the Statement of Expectations

Section 1: Overview

This section confirms the name of the instrument, its duration, its replacement of the SoE issued on 13 January 2022. 

This section also confirms the SoE is a notice to CASA under section 12A of the Act and that it sets out the Minister’s expectations as to CASA’s strategic direction and the manner in which it should perform its functions.

It is expected that CASA will respond with a Statement of Intent within three months of the date of the SoE.

Section 2: Governance

This section sets out the Minister’s expectations of both the Board of CASA and the Director of Aviation Safety (DAS).  It also sets out Ministerial expectations on CASA’s transparency and the need for CASA to keep the Minister and the Department fully informed about developments, particularly those which may materially impact upon CASA’s operations.    

It is expected that the Board will regularly assess its own skills, and to manage conflicts of interest. It is also expected that CASA will perform its functions consistent with Australia’s international obligations, particularly those related to the International Civil Aviation Organization.

 

Section 3: Strategic direction and manner of performance

This section confirms the Minister’s expectation that CASA must regard the safety of air navigation as the most important consideration.

It is expected that CASA will operate in compliance with relevant legislation, and that its resources will be used in a proper manner.  The conduct and values of CASA’s Board and staff should be consistent with those of the Australian Public Service.

It is expected that CASA will continue to be a world leading aviation safety regulator, that it will keep me informed of publications and other communications, and cooperate with Parliamentary Committees and other accountability mechanisms.

The Minister expects CASA to operate in accordance with its Regulatory Philosophy.

 

Section 4: Key Initiatives

This section outlines the Minister’s expectation that CASA will focus on key initiatives the Minister’s within this section of the SoE.
 

 

 

 

Section 5: Stakeholder Engagement

This section details the Minister’s expectations that CASA will effectively engage with stakeholders in delivering optimal safety advice to Government, the aviation sector and the broader community.

 

Attachment A: The Regulatory Philosophy of the Civil Aviation Safety Authority

The Attachment to the SoE sets out the ten principles guiding CASA’s performance of its functions, and its engagement with the community.

 

This is a legislative instrument which is not subject to disallowance.  Consequently, no Statement of Compatibility with Human Rights is required (per section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011).

 

  

 

The Hon. Catherine King MP

Minister for Infrastructure, Transport, Regional Development and Local Government

 

Overview

The Statement of Expectations for the Civil Aviation Safety Authority from 1 July 2023 to 30 June 2025 is issued under section 12A of the Civil Aviation Act 1988, by the Minister for Infrastructure, Transport, Regional Development and Local Government, The Hon. Catherine King MP. This Act, enacted in 1988, governs the regulation of civil aviation in Australia, and the Statement of Expectations aims to guide the Civil Aviation Safety Authority (CASA) in its strategic direction and operational performance over the specified period. The policy objective outlined in the Statement is to ensure that CASA’s activities support government policy, with a particular emphasis on maintaining aviation safety as the highest priority. CASA is also expected to comply with relevant legislation and maintain transparent communication with the Minister and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts.

Scope and Application

The Statement of Expectations (SoE) for the Civil Aviation Safety Authority (CASA) from 1 July 2023 to 30 June 2025, issued under section 12A of the Civil Aviation Act 1988, applies directly to CASA as an entity. The SoE outlines the Minister for Infrastructure, Transport, Regional Development and Local Government's expectations regarding CASA's governance, strategic direction, key initiatives, and stakeholder engagement. The document sets forth the Minister's views on how CASA should conduct its functions to align with government policy and international obligations, particularly those associated with the International Civil Aviation Organization. CASA is required to respond with a Statement of Intent within three months of the SoE's issuance. This Statement of Expectations is a legislative instrument under the Legislation Act 2003 and is not subject to disallowance as provided for in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As such, a Statement of Compatibility with Human Rights is not necessary under section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Statement of Expectations (SoE) issued under section 12A of the Civil Aviation Act 1988 provides a detailed outline of the Minister for Infrastructure, Transport, Regional Development and Local Government's expectations of the Civil Aviation Safety Authority (CASA) from 1 July 2023 to 30 June 2025. This notice, addressed to the Board of CASA, is designed to guide the strategic direction and operational performance of CASA, ensuring alignment with government policy and international obligations, with a strong emphasis on maintaining the highest standards of aviation safety. The SoE replaces the previous document issued on 13 January 2022 and expects CASA to respond with a Statement of Intent within three months of its issuance. The SoE imposes several obligations on CASA. Firstly, it requires CASA to operate with a clear focus on safety, ensuring that air navigation safety remains the most important consideration. CASA must comply with all relevant legislation and use its resources effectively and properly. The conduct and values of CASA's Board and staff should reflect those of the Australian Public Service, maintaining high ethical standards and integrity. CASA is also expected to uphold Australia's international obligations, particularly those related to the International Civil Aviation Organization (ICAO). Additionally, CASA must ensure transparency and keep both the Minister and the Department informed about significant developments and operations that could impact its activities. The Board is tasked with regularly assessing its own skills and managing conflicts of interest appropriately. CASA must also engage effectively with stakeholders to deliver optimal safety advice to the government, the aviation sector, and the broader community. Failure to meet the expectations outlined in the SoE may have several consequences. While the specific legal penalties for non-compliance are not detailed in the SoE itself, it is important to note that CASA, as a regulatory body, operates within a framework that could include both civil and criminal penalties for significant breaches of aviation safety regulations. These could range from fines and sanctions to more severe penalties, depending on the nature and impact of the breach. CASA's operations are also subject to oversight and review by Parliamentary Committees and other accountability mechanisms, which could lead to further scrutiny and potential repercussions for failure to meet the Minister's expectations. Additionally, any significant non-compliance with international aviation safety standards could result in reputational damage and impact Australia's standing in global aviation forums.

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