Changing the rules

Suggesting improvements to civil aviation rules

The Civil Aviation Act is generally restricted to the regulation of aviation safety. All proposed changes to legislative requirements must therefore relate to aviation safety.

Suggested improvements to regulations, manuals of standards, advisory material, and regulatory procedures and practices can come from:-

  • aviation community
  • the public; or
  • CASA staff

A deficiency may be identified within legislation that makes it difficult or impossible to comply with or change to legislation may enhance safety. As a result, a submission to improve the legislation may be warranted.

A regulatory change may also be instigated as a result of revised or new Standards and Recommended Practices (SARP) issued by the International Civil Aviation Organization (ICAO). Australia has an obligation under the Chicago Convention that is enshrined in the Civil Aviation Act and is bound to either comply with ICAO's standards and recommended practices or register a difference.

CASA is also committed to harmonising its regulatory requirements with the best practices of the major aviation countries overseas. Amendments to the legislation should, wherever possible, harmonise with the standards and practices of other aviation regulatory authorities (e.g. FAA, JAA, NZ CAA).

What should change proposals contain?

All suggestions for regulatory change proposals should clearly identify the subject area or associated regulation/advisory circular/procedure, and include a brief statement of the proposed change or course of action, together with a comprehensive justification for the proposal. Amplifying documents or information that support the proposal should also be attached to the submission.

Each proposal should explain in detail:

  • the subject area and/or associated rule/advisory material/procedure
  • the course of action recommended
  • its impact on safety
  • a comprehensive justification
  • improvements to CASA efficiency
  • other achievable benefits

The CASA regulatory change process

People wishing to submit regulatory change proposals are encouraged to discuss their suggestions with a CASA specialist prior to submitting their proposal.

On receipt of a submission, CASA will:

  • acknowledge receipt of the proposal
  • review the current standards development activity associated with that proposal to determine whether it is already being examined by an already established rule change project
  • have the change proposal considered by CASA's Executive

A regulatory change proposal will be subjected to the following criteria.

  • is it safety outcome-oriented, with explicit safety objectives which enable flexible solution as required by the Civil Aviation Act?
  • does it enable the transfer of safety responsibilities to industry?
  • is it consistent with international practice?
  • is it to be based upon consultation with industry and other affected groups?
  • does it avoid "over-regulation"?
  • does it take into account complementary legislation?
  • is it simple, understandable, valid and internally consistent?
  • does it provide a basis for measuring compliance and allow for enforcement when necessary?
  • is it subject to periodic review?

If CASA's Executive agrees that a proposal has potential, the recommendation will be referred to the relevant SCC sub-committee for consideration and industry comment. All change proposals received by CASA will be tabled at SCC meetings.

If the proposal is accepted, a joint industry/CASA project team will be appointed to deal with the issue in accordance with the procedures set out in CASA's Standards Development and Rule Making Manual.

CASA's Executive may decide the proposal does not warrant a change. In that case a recommendation and reasons will be given to the Manager Regulatory Development and the originator will be notified.

Submitting suggested changes

Submitting a suggestion for improvements to the Civil Aviation Safety Regulations (CASRs), Civil Aviation Regulations 1988 (CARs), Civil Aviation Orders (CAOs), Manuals of Standards (MOSs), Advisory material (ACs/CAAPs) or a regulatory procedure.

 
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