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Determinations/Civil Aviation as made
This instrument facilitates the implementation of Part 119 of the Civil Aviation Safety Regulations 1998 (CASR) and sets out transitional arrangements for the training of certain operator personnel in human factors principles and non technical skills under Part 119 of CASR. The instrument provides that the training that was provided by commercial aircraft operators for their personnel under the legislation being replaced by Part 119 of CASR, is taken to meet the requirements of Part 119 of CASR, for a period of 2 years.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 30 Nov 2021
Tabling HistoryDate
Tabled HR01-Dec-2021
Tabled Senate02-Dec-2021

Instrument number CASA 90/21

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 202.418 (3) of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

28 November 2021

1          Name

                 This instrument is CASA 90/21 — Training and Checking (CASR Part 119) Determination 2021.

2          Duration

                 This instrument:

(a)   commences on 2 December 2021; and

(b)   is repealed on 2 December 2023.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: exposition, operational safety‑ critical personnel and operator.

        (1)     In this instrument:

CAO 82.3 means Civil Aviation Order 82.3, as in force immediately before 2 December 2021.

CAO 82.5 means Civil Aviation Order 82.5, as in force immediately before 2 December 2021.

HFP&NTS means human factors principles and non‑technical skills.

relevant flight means a flight, for an operator, that is an air transport operation under Part 121, Part 133 or Part 135 of CASR.

        (2)     In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.

4          Purpose

                 This instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.

5          Application

                 This instrument applies in relation to a relevant flight.

6          Determination

                 If:

(a)   on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event) applies to a person mentioned in the item (the person) in relation to a flight; and

(b)   before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and

(c)   the relevant flight occurs:

             (i)  on or after 2 December 2021; and

            (ii)  before the expiry of the time specified in column 3 of the item (the expiry date);

                 then, I determine that, for the purposes of regulation 202.418 of CASR:

(d)   the new event is taken to have happened in relation to the person; and

(e)   the new requirement is taken to have been met by the person in relation to the carrying out of the duties of the person’s position for a relevant flight that is conducted before the expiry date.

 


Schedule 1   New requirements taken to have been met by old events

Table     Transitional training and checking events

 

Column 1

Column 2

Column 3

Item

New requirement for a person in relation to a training or checking event (a new event)

Old event in relation to the person

Old event expiry date

Operational safety‑critical personnel

1

HFP&NTS training

1. Person: operational safety‑critical personnel of the operator mentioned in subregulation 119.180 (2) of CASR

2. New Requirement: Training in HFP&NTS in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time.

Note   The identification of other operational safety‑critical personnel for the operator and HFP&NTS training for these personnel can be managed under the operator’s exposition.

1. Person: a member of the operator’s personnel, with duties analogous to those of a person mentioned in subregulation 119.180 (2) of CASR, who was subject to the operator’s CASA approved HFP&NTS program under CAO 82.3 or CAO 82.5, immediately before 2 December 2021.

2. Old event for the person: Successful completion of HFP&NTS training by the person in accordance with the operator’s approved HFP&NTS program.

3. Person: a member of the operator’s personnel, with duties analogous to those of a person mentioned in subregulation 119.180 (2) of CASR, who was not subject to the operator’s CASA approved HFP&NTS program under CAO 82.3 or CAO 82.5 immediately before 2 December 2021.

4. Old event for the person: the performance of duties for the operator for a flight, while not under supervision.

The earlier of the following:

(a)   the day the person undertakes the training mentioned in column 1;

(b)   2 December 2023.