Changing the rules

Project SS 07/09
CASR Part 11 - Machinery changes to consolidate related procedural provisions in CAR 1988 and CASR 1998 in CASR Part 11

Background

CASR Part 11 - Regulatory administrative procedures have been completed in some aspects. Other elements of these procedures appear in discrete CASR Parts however, and corresponding provisions appear in CAR 1988.

This scattering of what are, and what are intended to be, essentially the same procedures throughout the CAR and CASR may create a measure of confusion and uncertainty as to which procedures apply in what circumstances.

Although this has not proven to be overly problematic, it will be useful and efficient to consolidate these processes in a single CASR Part of the regulations, and to reconcile certain inconsistencies in corresponding provisions in the process.

Recognising that CASA’s administrative procedures must be consistent with overriding requirements of procedural fairness and administrative law, it is not intended to propose or introduce any significant substantive changes to existing processes and procedures at this time. To the extent any such changes may be contemplated, these will be addressed and considered in the future.

In the meantime, a non-substantive consolidation and reconciliation of existing administrative procedures and processes will make the regulations easier to use, and largely eliminate the need to reproduce similar processes in the substantive Parts of the new regulations as these are developed.

Proposal

The objective of this project is to reconcile non-substantive inconsistencies in the administrative processes and procedures currently set out in various parts of CAR 1988 and CASR 1998, and to consolidate those processes and procedures in Part 11 of CASR 1998.

The consolidation and reconciliation exercise should make the subject legislation easier to locate, understand and apply. It should also result in a net reduction in the amount of existing regulatory text.

Because no substantively new administrative processes or procedures will be introduced, and none of the existing processes or procedures will be substantively altered, the impact on CASA staff and industry stakeholders alike will be minimal.

The project will identify existing administrative processes and procedures in CAR 1988 and CASR 1998, to reconcile any discrepancies and inconsistencies in relation to those provisions and to consolidate those processes and procedures in Part 11 of CASR 1998.

It is anticipated that instructions can be prepared and provided to OLDP by the end of 2007.

In so far as all of CASA’s administrative processes and procedures specified in existing or contemplated regulations must be consistent with overriding Commonwealth legal requirements, and to the extent existing processes and procedures are already consistent with those requirements, the proposed consolidation and reconciliation exercise will affect all aspects of CASA’s regulatory activity. However, the gravity of that impact will be slight. To the extent any regulatory change processes have proceeded without taking account of CASA’s obligation to ensure our administrative processes and procedures are consistent with overriding legal requirements, there may be some need to revisit aspects of those projects.

Rules affected

CASR Part 11 – Regulatory administrative procedures

Project management

Project Sponsor: Jonathan Aleck 
Project Leader: Adam Anastasi

 
Contact CASA
Site help  |  Copyright   |  Privacy